BOOK TWO Allegiance:

CRIMES AND PENALTIES - Permanent: consist in the obligation of Extent of aid or comfort:
CRIMES AGAINST NATIONAL SECURITY fidelity and obedience which a citizen or - Must be given to the enemy by some kind
subject owes to his government or of action.
Art. 114. Treason – Any Filipino citizen who levies sovereign. - It must be a deed or physical activity, not
war against the Philippines or adheres to her - Temporary: the obligation of fidelity and merely a mental operation.
enemies, giving them aid or comfort within the obedience which a resident alien owes to
Philippines or elsewhere, shall be punished by our government. NOTE: the act committed need not actually
reclusion perpetua to death and shall paw a fine strengthen the enemy.
not to exceed Four million pesos. (P4,000,000). NOTE: Treason cannot be committed in time of
peace, since it is a war crime. However, treasonable NOTE: the aid or comfort given to the enemies
No person shall be convicted of treason acts may actually be perpetrated during peace, but must be after the declaration of war. The enemies
unless on the testimony of two (2) witnesses at there are no traitors until war has started. must be the subject of a foreign power. It does not
least to the same overt act or on confession of the embrace rebels in insurrection against their own
accused in open court. 2 ways or modes of committing treason: country, because they are still citizens and not
1. By levying war against the Government; enemies.
Likewise, an alien, residing in the 2. By adhering to the enemies of the
Philippines, who commits acts of treason as defined Philippines, giving them aid or comfort. No Treason through Negligence: the overt act of aid
in paragraph 1 of this Article shall be punished by and comfort to the enemy must be intentional, as
reclusion temporal to death and shall pay a fine not Meaning of “levying war”: distinguished from merely negligent or undesigned
to exceed Four million pesos (P4,000,000). (As 1. That there be an actual assembling of men; ones.
amended by Sec. 2, R.A. 7659 and R.A. 10951) and (Ex parte Bollman)
2. For the purpose of executing a treasonable NOTE: Treason is a continuous crime.
Treason – is a breach of allegiance to a government, design by force. (Ex parte Swartwout)
committed by a person who awes allegiance to it. Par. 2 – of Article 114.
NOTE: in treason by levying war, it is not necessary
Elements of Treason: that there be a formal declaration of the existence NOTE: Treason cannot be proved by circumstantial
1. That the offender is a Filipino citizen or an of a state of war. Actual hostilities may determine evidence or by the extrajudicial confession of the
alien residing in the Philippines; the date of the commencement of war. accused, however strong or convincing it may be, or
2. That there is a war in which the Philippines is only an extrajudicial confession.
is involved; NOTE: for the 2nd mode of committing treason both
3. That the offender either – adhering and giving aid or comfort to the enemy Ways of proving treason:
a. Levies war against the Government, or must concur together. 1. Testimony of two (2) witnesses, at least, to
b. Adheres to the enemies, giving them the same overt act;
aid or comfort. Adherence to the enemy, defined: 2. Confession of the accused in open court.
- Means intent to betray.
How to prove that offender is a Filipino Citizen: - When a citizen intellectually or emotionally Two-witness Rule: 2 witnesses is required to prove
1. May be proven by his prison record; or favors the enemy and harbors sympathies the overt act of giving aid or comfort. It is not
2. May be proven by the testimony of or convictions disloyal to his country’s necessary to prove adherence. But it is not
witnesses who know him to have been born policy or interest. necessary that their testimony be identical.
in the Philippines of Filipino parents.
Ex. Giving information to, or commandeering NOTE: the Two-witness Rule is “severely
foodstuff for, the enemy is evidence of both restrictive”
adherence and aid or comfort.
NOTE: it is sufficient that the witness are uniform in exceeding Two million pesos (P2,000,000), and 1. That the offender must be owing allegiance
their testimony on the overt act; it is not necessary prision correccional and a fine of not exceeding to the Government and not a foreigner;
there be corroboration between them on the point One million pesos (P1,000,000). (As amended by 2. That he has knowledge of any conspiracy
they testified. R.A. 10951) (to commit treason) against the
Government;
Reason for the two-witness rule: How are crime of conspiracy and proposal to 3. That he conceals or does not disclose and
- The special nature of the crime of treason commit treason committed? make known the same as soon as possible
requires that the accused be afforded - Conspiracy to commit treason, is committed to the governor or fiscal of the province or
protection not required in other cases so as when in time of war, two or more persons the mayo or fiscal of the city in which he
to avoid a miscarriage of justice. come to an agreement to levy war against resides.
the Government or to adhere to the
Adherence may be proved: enemies and to give them aid or comfort NOTE: Misprision of treason cannot be committed
1. By one witness; and decide to commit it. by a resident alien.
2. From the nature of that act itself; or - Proposal to commit treason, is committed
3. From the circumstances surrounding the when in time of war a person who has NOTE: Art. 116 does not apply when the crime of
act. decided to levy war against the treason is already committed by someone, and the
Government or to adhere to the enemies accused does not report its commission to the
Reason why adherence need not be proved by two and to give them aid or comfort, proposes proper authority.
witnesses: its execution to some other person or
- The sense of disloyal state of mind, cannot persons. NOTE: the offender in misprision of treason is
be, and is not required to be, proved by punished as an accessory to treason. However, the
disposition of 2 witnesses. General Rule: Conspiracy and proposal to commit a offender can be a principal in the crime of
felony is not punishable. misprision of treason. because misprision of
NOTE: Confession must be made in open court. Exception: Conspiracy and/or Proposal to commit treason is a separate and distinct offense than that
treason is punishable under Art. 115. provided for treason.
Defense of suspended allegiance and change of
sovereign, not accepted: NOTE: Two-witness rule does not apply to General Rule: Under Art. 19 that a person who keeps
1. A citizen owes an absolute and permanent conspiracy or proposal to commit treason, because silent as to what he knows about the perpetration of
allegiance to his Government; this is a separate and distinct offense from that of an offense is not criminally liable, either as principal,
2. The sovereign of the government is not treason. or as an accomplice, or as an accessory.
transferred to the enemy by mere Exception: Under Art. 116 that mere silence does
occupation; Art. 116. Misprision of treason – Every person not make a person criminally liable under misprision
3. Th subsistence of the sovereignty of the owing allegiance to (the United States or) the of treason.
legitimate Government in a territory Government of the Philippine Islands, without
occupied by the military forces of the being a foreigner, and having knowledge of any
enemy during the war is one of the rules of conspiracy against them, who conceals or does not
International Law; and disclose and make known the same, as soon as
4. What is suspended is the exercise of the possible, to the governor or fiscal of the province,
rights of sovereignty. or the mayor or fiscal of the city in which he
resides, as the case may be, shall be punished as an
Art. 115. Conspiracy and proposal to commit accessory to the crime of treason.
treason – Penalty. – The conspiracy and proposal to
commit the crime of treason shall be n[punished Elements:
respectively, by prision mayor and a fine not
 other data of a confidential nature make or obtain any sketch, photograph,
relative to the defense of the photographic negative, blueprint, plan, map
Philippines. instrument, appliance, document, writing or
Art. 117. Espionage – the penalty of prision note of anything connected with the
correccional shall be inflicted upon any person 2. By disclosing to the representative of a national defense, for the same purpose and
who: foreign nation the contents of the articles, with intent as in paragraph a.
data or information referred to in c. By receiving or obtaining or agreeing or
1. Without authority therefor, enters a paragraph 1 of article 117, which he had in attempting or inducing or aiding another to
warship, fort, or naval or military his possession by reason of public office he receive or obtain from any sources any of
establishment or reservation to obtain any holds. those data mentioned in paragraph b, code
information, plans, photographs, or other book or signal book, knowing that it will be
date of a confidential nature relative to the Elements: obtained or disposed of by any person
defense of the Philippine Archipelago; or a. That the offender is a public office; contrary to the provisions of this act.
2. Being in possession, by reason of the b. That he has in his possession the d. By communicating or transmitting, or
public office he holds, of the articles, data, articles, data or information referred to attempting to communicate or transmit to
or information referred to in the preceding in para. 1 of article 117, by reason of any person not entitled to receive it, by
paragraph, discloses their contents to a the public office he holds; willfully retaining and failing to deliver it on
representative of a foreign nation. c. That he discloses their contents to a demand to any officer or employee entitled
representative of a foreign nation. to receive it, the offender being in
The penalty next higher in degree shall be possession of, having access to, control
imposed if the offender be a public officer or NOTE: to be liable under par. 1, the offender must over, or being entrusted with any of the
employee. have the intention to obtain information relative to data mentioned in paragraph b or code
the defense of the Philippines. book or signal book.
Espionage - is the offense of gathering, transmitting, e. By permitting, through gross negligence, to
or losing information respecting the national defense COMMONWEALTH ACT NO. 616 be removed from its proper place or
with intent or reason to believe that the information An Act to Punish Espionage and Other Offenses custody or delivered to anyone in violation
is to be used to the injury of the Republic of the Against National Security of his trust, or to be lost, stolen, abstracted
Philippines or to the advantage of any foreign or destroyed any of the data mentioned in
nation. SEC. 1. Unlawfully obtaining or permitting to be paragraph b, code book, or signal book, the
obtained information affecting national defense. offender being entrusted with or having
Two ways of committing espionage: lawful possession or control of the same.
1. By entering, without authority therefor, a a. By going upon, entering, flying over or
warship, fort or naval or military otherwise by obtaining information SEC. 2. Unlawful disclosing of information affecting
establishment or reservation to obtain any concerning any vessel, aircraft, work of national defense.
information, plans, photographs or other defense, or any other place where any
data of a confidential nature relative to the vessels, aircraft, arms, munitions, or other a. By communicating or transmitting, or
defense of the Philippines. materials for the use in time of war are attempting to communicate or transmit to
being made, or stored, for the purpose of any person not entitled to receive it, by
Elements: obtaining information respecting national willfully retaining and failing to deliver it on
a. That the offender enters any of the defense, with intent to use it to the injury of demand to any officer or employee entitled
places mentioned therein; the Philippines or to the advantage of any to receive it, the offender being in
b. That he has no authority therefor; foreign nation. possession of, having access to, control
c. That his purpose is to obtain b. By copying, taking, making or attempting or over, or being entrusted with any of the
information, plans, photographs, or inducing or aiding another to copy, take,
 data mentioned in paragraph b or code refusal of duty in the Armed Forces of the 4. Making or causing war material to be made
book or signal book. Philippines; or in defective manner. — When the
c. By willfully obstructing the recruiting or Philippines. (Sec. 12)
If committed in time of war, the enlistment service. 5. Injuring or destroying national defense
penalty is death or imprisonment for not SEC. 5. Conspiracy to violate preceding sections. material, premises or utilities. (Sec. 13)
more than 30 years. 6. Making or causing to be made in a defective
b. In time of war, by collecting, recording, Requisites: manner, or attempting to make or cause to
publishing or communicating or attempting a. Two or more persons conspire to violate the be made in a defective manner, national
to elicit any information with respect to the provisions of sections 1, 2, 3 or 4 of this act; defense material. (Sec. 14)
movement, number, description, condition, b. One or more of such persons do any act to
or disposition of any of the armed forces, effect the object of the conspiracy Espionage distinguished from Treason
ships, aircraft, or war materials of the - Espionage is crime not conditioned by the
Philippines, or with respect to the plans or SEC. 6. Harboring or concealing violators of the citizenship of the offender. This is also true
conduct of any military, naval, or air law. as regards treason, in view of the
operations for the fortification or defense of amendment to Article 114.
any place, or any other information relating Requisites: - Treason is committed only in time of war,
to the public defense, which might be a. The offender knows that a person has while espionage may be committed both n
useful to the enemy. committed or is about to commit an offense time of peace and in time of war.
under this Act; - Treason is limited in two ways of
The penalty is death or b. The offender harbors or conceals such committing the crime: levying war, and
imprisonment for not more than 30 years. person. Xxx. adhering to the enemy giving him aid or
comfort; while espionage may be
SEC. 3. Disloyal acts or words in time of peace. Other acts punished by Commonwealth Act No. 616 committed in many ways.

a. By advising, counselling, urging or in any 1. Uses or permits or procures the use of an

other manner by causing insubordination, aircraft for the purpose of making a Section Two – Provoking war and disloyalty in case
disloyalty, mutiny or refusal of duty of any photograph, sketch, picture, drawing, map, of war
member of the military, naval or air forces or graphical representation of vital military,
of the Philippines. naval or air installations or equipment, in Art. 118. Inciting to war or giving motives for
b. By distributing any written or printed violation of section eight of this Act, shall be reprisals. – the penalty of reclusion temporal shall
matter which advises, counsels, or urges liable to the penalty therein provided. (Sec. be imposed upon any public officer or employee,
such insubordination, disloyalty, mutiny, or 9) and that of prision mayor upon any private
refusal of duty. 2. Reproducing, publishing, selling, etc., individual, who, by unlawful or unauthorized acts,
uncensored copies of photograph, sketch, provokes or gives occasion for a war involving or
SEC. 4. Disloyal acts or words in time of war. picture, drawing, map or graphical liable to involve the Philippine Islands or exposes
representation of the vital military, naval, or Filipino citizens to reprisals on their persons or
a. By willfully making or conveying false air installations or equipment so defined, property.
reports or false statements with intent to without first obtaining permission of the
interfere with the operation or success of commanding officer. (Sec. 10) Elements:
the Armed Forces of the Philippines; or 3. Willfully injure or destroy, or shall attempt 1. That the offender performs unlawful or
b. To promote the success of its enemies, by to so injure or destroy, any war material, unauthorized acts;
willfully causing or attempting to cause war premises, or war utilities. (Sec. 11) 2. That such acts provoke or give occasion for
insubordination, disloyalty, mutiny or a war involving or liable to involve the
 Philippines or expose Filipino citizens to notice or information, he shall suffer the 2. That the offender must be owing allegiance
reprisals on their persons or property. penalty of reclusion temporal to death. to the Government;
3. That the offender attempts to flee or go to
Elements: enemy country;
1. That it is in time of war in which the 4. That going to enemy country is prohibited
Philippines is involved; by competent authority.
2. That the offender makes correspondence
with an enemy country or territory NOTE: mere attempt to flee or go to enemy country
occupied by enemy troops; consummates the crime.
Art. 119. Violation of neutrality. – the penalty of 3. That the correspondence is either –
prision correccional shall be inflicted upon anyone a. Prohibited by the Government, or Section Three – Piracy and mutiny on the high seas
who, on the occasion of a war in which the b. Carried on in ciphers or conventional or in Philippine waters
Government is not involved violates any regulation signs, or
issued by competent authority for the purpose of c. Containing notice or information which Art. 122. Piracy in general and mutiny on high seas
enforcing neutrality. might be useful to the enemy. or in the Philippines. – the penalty of reclusion
perpetua shall be inflicted upon any person who,
Neutrality – a nation or power which takes no part Correspondence – is communication by means of on the high seas or in Philippine waters, shall attack
in a contest of arms going on between others is letters; or it may refer to the letters which pass or seize a vessel or, not being a member of its
referred to as neutral. between those who have friendly or business complement nor a passenger, shall seize the whole
relations. or part of the cargo of said vessel, its equipment, or
Elements: personal belongings of its complement or
1. That there is a war in which the Philippines NOTE: Even if correspondence contains innocent passengers.
is not involved; matters, if the correspondence has been prohibited
2. That there is a regulation issued by by the Government, it is punishable. The same penalty shall be inflicted in case
competent authority for the purpose of of mutiny on the high seas or in Philippine waters.
enforcing neutrality; NOTE: Prohibition by the Government is not (As amended by Sec. 3, R.A. 7659)
3. That the offender violates such regulation. essential in paragraphs 2 and 3 of Article 120.
Two ways or modes of committing piracy:
Art. 120. Correspondence with hostile country. – Circumstances qualifying the offense: (must concur 1. By attacking or seizing a vessel on the high
any person, who in time of war, shall have together) seas or in Philippine waters;
correspondence has an enemy country or territory 1. That the notice or information might be 2. By seizing in the vessel while on the high
occupied by enemy troops shall be punished: useful to the enemy. seas or in Philippine waters the whole or
2. That the offender intended to aid the part of its cargo, its equipment or personal
1. By prision correccional, if the enemy. belongings of its complement of
correspondence has been prohibited by passengers.
the Government; Art. 121. Flight to enemy’s country. – the penalty of
2. By prision mayor, if the correspondence be arresto mayor shall be inflicted upon any person Elements of piracy (1st mode):
carried on in ciphers or conventional signs; who, owing allegiance to the Government, 1. That a vessel is on the high seas or in
and attempts to flee or go to an enemy country when Philippine waters;
3. By reclusion temporal, if notice or prohibited by competent authority. 2. That the offender is any person; and
information be given thereby which might 3. That the offender shall attack or seize that
be useful to the enemy. If the offender Elements: vessel.
intended to aid the enemy by giving such 1. That there is a war in which the Philippines
is involved; Elements of piracy (2nd mode):
 1. That a vessel is on high seas or in Philippine 1. Whenever they have seized a vessel by The vessel is in the The vessel is in
waters; boarding or firing upon the same; Philippine waters or Philippine waters.
2. That the offender is not a member of its 2. Whenever the pirates have abandoned high seas.
complement or a passenger of the vessel; their victims without means of saving
and themselves; or
3. That the offender seizes the whole or part 3. Whenever the crime is accompanied by
of the cargo of said vessel, its equipment or murder, homicide, physical injuries, or
personal belongings of its complement or rape. (As amended by R.A. 7659) The offender is any the offender is any
passengers. person who shall seize person
NOTE: Paragraph 2 of Article 123 specifically the vessel or any
High seas - as parts of the seas that are not included mentions “pirates” thereby excluding mutineers person who shall seize
in the exclusive economic zone, in the territorial from said paragraph. cargo, equipment, or
seas, or in the internal waters of a state, or in the personal belongings,
archipelagic waters of an archipelagic state. Ex. It is qualified piracy when the crime was and who is not a crew
accompanied by rape and the offenders abandoned member or
Piracy – it is robbery or forcible depredation on the their victims without means of saving themselves. complement.
high seas, without lawful authority and done with Piracy is committed the same way: the pirate
animo furandi (intention to steal) and in the spirit NOTE: before Art. 122 was amended by R.A. 7659, attacks or seizes the vessel, or takes the whole or
and intention of universal hostility. only piracy and mutiny on high seas were covered part thereof or its cargo, equipment, or the
by the RPC. The commission of the acts described in personal belongings of its compliment or
Mutiny – is the unlawful resistance to a superior Articles 122 and/or 123 in Philippine waters was passengers.
officer, or the raising of commotions and disturbance punished as piracy under P.D. 532. Penalty is Reclusion Penalty is Reclusion
on board a ship against the authority of its perpetua Temporal except when
commander. P.D. 532 – any attack upon or seizure of any vessel, physical injuries or
or the taking away of the whole or part thereof or its other crime are
NOTE: Mutiny is punished in Article 122. cargo, equipment, or the personal belongings of its committed which is
complement or passenger, irrespective of the value penalized by Reclusion
Piracy distinguished from Mutiny: thereof, by means of violence against or intimidation Perpetua.
- Piracy, the person who attack the vessel or of persons or force upon things, committed by any
seize its cargo are strangers to said vessels; person, including a passenger or member of the The penalty for Qualified piracy in both cases is
while Mutiny, they are members of the complement of said vessel, in Philippine waters, shall Reclusion Perpetua
crew or passengers. be considered as piracy.
- While the intent to gain is essential in the NOTE: Qualified piracy is a special complex crime
crime of Piracy; Mutiny, the offenders may NOTE: it is qualified piracy even if the cargo is off- punishable by Reclusion perpetua to death,
only intend to ignore the ship’s officers or loaded outside the Philippines. regardless of the number of victims.
they may prompted by a desire to commit
plunder. NOTE: P.D. 532 covers any person while Article 122 Philippine Water – refers to all bodies of water, such
as amended covers only who are not passengers or as but not limited to, seas, gulfs, bays around,
Art. 123. Qualified piracy. – the penalty of reclusion members of its complement. between and connecting each of the Islands of the
perpetua to death shall be inflicted upon those who Philippine Archipelago, irrespective of its depth,
commit any of the crimes referred to in the Piracy under RPC Piracy under P.D. 532 breadth, length or dimension, and all other waters
proceeding article, under any of the following belonging to the Philippines by historic or legal title,
circumstances: including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the
Philippines has sovereignty or jurisdiction.

Vessel – any vessel or watercraft used for transport

of passengers and cargo from one place to another
through Philippine waters. It shall include all kinds
and types of vessels or boats used in fishing.

NOTE: any person who aids or protects pirates or

abets the commission of piracy shall be considered
as an accomplice.