Module 2.1: Crimes Against National Security and the Law of Nations

1. Learning Objectives

Define and differentiate the crimes against national security under the Revised Penal Code (RPC).
Understand the elements and two modes of committing Treason (Art. 114) and the application of the two-witness rule.
Distinguish between Conspiracy to Commit Treason, Proposal to Commit Treason (Art. 115), and Misprision of Treason (Art. 116).
Identify the acts constituting Espionage (Art. 117) and Piracy (Art. 122 & 123).
Analyze and apply the concepts of neutrality, correspondence with a hostile country, and other related offenses in given scenarios.

2. CRIMES AGAINST NATIONAL SECURITY (Art. 114-123, RPC)

A. TREASON (Art. 114)

Definition: Treason is a crime committed by a person who owes allegiance to the Philippines, whether a Filipino citizen or an alien residing in the Philippines, who levies war against them or adheres to their enemies, giving them aid or comfort. It is a war crime; it cannot be committed during peacetime.
Two Ways of Committing Treason:
1. Levying War: Requires an actual assembling of men for the purpose of executing a treasonable design by force. The purpose must be to overthrow the government.
2. Adherence to the Enemy, Giving them Aid or Comfort:
  - Adherence: Intellectually or emotionally favoring the enemy; a state of mind.
  - Aid or Comfort: An act that strengthens or tends to strengthen the enemy in the conduct of war against the Philippines, or an act that weakens the power of the Philippines to resist or to attack the enemy.
Elements:
1. Offender owes allegiance to the Government of the Philippines (either a citizen or a resident alien).
2. The Philippines is in a state of war.
3. The offender commits an act of either: a. Levying war against the government. b. Adhering to the enemies, giving them aid or comfort.
Two-Witness Rule: The crime of treason must be proven by the testimony of at least two witnesses to the same overt act or by the accused's confession in open court.
- An "overt act" is the physical activity that constitutes the giving of aid and comfort. The two witnesses must testify to the same act, not just similar acts.
Penalty:
- Filipino Citizen: Reclusion perpetua to death and a fine not to exceed P100,000.
- Alien: Reclusion temporal to death and a fine not to exceed P100,000.
Who Can Commit:
- Primarily, Filipino citizens, as they owe permanent allegiance.
- Resident aliens, who owe temporary allegiance while residing in the Philippines.

B. CONSPIRACY AND PROPOSAL TO COMMIT TREASON (Art. 115)

Conspiracy to Commit Treason:
- Elements:
  1. The Philippines is at war.
  2. Two or more persons come to an agreement to levy war against the government or to adhere to the enemies and give them aid or comfort.
  3. They decide to commit it.
- Proof: Does not require the Two-Witness Rule. Can be proven by the testimony of one witness or other evidence.
Proposal to Commit Treason:
- Elements:
  1. The Philippines is at war.
  2. A person has decided to levy war or adhere to the enemy.
  3. He proposes its execution to some other person or persons.
Penalties:
- Conspiracy: Prision mayor and a fine not exceeding P10,000.
- Proposal: Prision correccional and a fine not exceeding P5,000.

C. MISPRISION OF TREASON (Art. 116)

Definition: The crime committed by a person who, owing allegiance to the Philippines and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same as soon as possible to the proper authorities.
Elements:
1. The offender is a Filipino citizen.
2. He has knowledge of a conspiracy to commit treason against the Government.
3. He conceals or does not disclose it to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides.
Who Can Commit: Only Filipino citizens. Aliens are not liable.
Penalty: Prision correccional and a fine not exceeding P1,000.

D. ESPIONAGE (Art. 117)

Two Acts of Espionage:
1. Entering a warship, fort, or naval/military establishment without authority to obtain information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippines.
2. Disclosing to a representative of a foreign nation the contents of the articles, data, or information referred to in the preceding paragraph, which he had in his possession by reason of his public office.
Elements of Act 1 (Entering):
1. Offender enters a warship, fort, or military/naval establishment.
2. He has no authority for such entry.
3. His purpose is to obtain information, plans, etc., of a confidential nature.
Elements of Act 2 (Disclosing):
1. Offender is a public officer.
2. He has in his possession confidential articles, data, or information by reason of his office.
3. He discloses their contents to a representative of a foreign nation.
Note: Unlike treason, espionage can be committed during peacetime.
Penalty: Prision correccional.

E. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS (Art. 118)

Committed by any person who, by unlawful or unauthorized acts, provokes or gives occasion for a war involving or liable to involve the Philippines or exposes Filipino citizens to reprisals on their persons or property.
Penalty: Reclusion temporal (if a public officer) or Prision mayor (if a private individual).

F. VIOLATION OF NEUTRALITY (Art. 119)

Committed by any person who, on the occasion of a war in which the Government is not a party, violates any regulation issued by competent authority for the purpose of enforcing neutrality.
Penalty: Prision correccional.

G. CORRESPONDENCE WITH HOSTILE COUNTRY (Art. 120)

Committed by any person who, in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops.
Prohibited Correspondence: The correspondence is either (1) prohibited by the Government, (2) carried on in ciphers or conventional signs, or (3) contains notice or information which might be useful to the enemy.
Penalty: Prision correccional if the correspondence is harmless; Prision mayor if useful to the enemy.

H. FLIGHT TO ENEMY COUNTRY (Art. 121)

Committed by any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.
Penalty: Arresto mayor.

3. CRIMES AGAINST THE LAW OF NATIONS

A. PIRACY (Art. 122)

Definition (RPC): A crime committed on the high seas by any person not a member of its complement nor a passenger of the vessel, who attacks or seizes the vessel, or seizes the whole or part of its cargo, personal belongings of its complement or passengers.
High Seas: Any waters on the sea coast which are without the boundaries of the low water mark, although such waters may be in the jurisdictional limits of a foreign government. Philippine waters are also considered high seas for the purpose of piracy.
Elements:
1. The attack is upon or seizure of any vessel.
2. It is committed on the high seas or in Philippine waters.
3. The offenders are not members of its complement or passengers.
4. There is intent to gain (animo lucrandi).
Distinction from Robbery:
- Venue: Piracy is committed on the high seas/Philippine waters; Robbery is generally on land.
- Jurisdiction: Piracy is a crime against the law of nations, triable in any country; Robbery follows territorial jurisdiction.
- Offenders: In piracy, offenders cannot be crew or passengers; in robbery on a vessel, they can be.
PD 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974):
- Defines piracy more broadly to include attacks in Philippine waters, whether from the sea or from the land. It includes any person, including a passenger or crew member.

B. QUALIFIED PIRACY (Art. 123)

Piracy becomes qualified when the pirates commit any of the following crimes:
1. They seize the vessel by boarding or firing upon the same.
2. They abandon their victims without means of saving themselves.
3. The crime is accompanied by murder, homicide, physical injuries, or rape.
Penalty: Reclusion perpetua to Death.

4. Comparison Table: Treason vs Espionage vs Misprision

Basis	Treason (Art. 114)	Espionage (Art. 117)	Misprision of Treason (Art. 116)
When Committed	Only during wartime.	Can be committed in peace or war time.	When there is a known conspiracy to commit treason.
Who Can Commit	Filipino citizens or resident aliens.	Any person (citizen or alien).	Only Filipino citizens.
Nature of Crime	Levying war or adhering to the enemy.	Obtaining or disclosing defense-related information.	Concealing a known conspiracy to commit treason.
Proof Required	Two-Witness Rule or confession in open court.	Proved by any competent evidence.	Proved by any competent evidence.

5. Important Distinctions and Notes

Allegiance: The obligation of fidelity and obedience which individuals owe to their government. Permanent allegiance is owed by citizens; temporary allegiance by resident aliens.
Treason vs. Rebellion: Treason is levying war against the government for the purpose of adhering to an external enemy. Rebellion is levying war for internal purposes like removing allegiance from the government or its laws.
The Two-Witness Rule in Treason applies only to the overt act of giving aid or comfort. The adherence element can be proven by other evidence.
Piracy under the RPC and Piracy under PD 532 are distinct. PD 532 is broader and covers acts within Philippine waters and by any person, including crew and passengers.

6. Multiple Choice Practice Questions

Which of the following is a war crime and cannot be committed during peacetime? a) Espionage b) Sedition c) Treason d) Rebellion
For a person to be held liable for Treason, he must owe allegiance to the Philippines. Who among the following does NOT owe allegiance to the Philippines? a) A Filipino citizen living in Japan. b) An American tourist on a two-week vacation in Palawan. c) A Chinese businessman who has been legally residing in Manila for 10 years. d) A child of a Filipino ambassador born in the United States.
The "Two-Witness Rule" in Treason requires that two witnesses must testify to: a) The same criminal intent. b) The same overt act. c) Two different overt acts of the same nature. d) The accused's confession.
X, a Filipino, knew that his neighbor Y was conspiring with others to overthrow the government with the help of a foreign enemy during a war. X did not report this to the authorities. What crime did X commit? a) Treason b) Conspiracy to Commit Treason c) Accessory to Treason d) Misprision of Treason
Which of the following acts constitutes Espionage? a) A private citizen creating a public disturbance to incite war. b) A Filipino attempting to go to an enemy country during a war. c) A foreign spy entering a Philippine naval base to gather confidential data. d) A public official who flees from his post during wartime.
Piracy is a crime that can be tried in any country where the offender is found or arrested. This is because it is a crime against: a) National Security b) The Law of Nations c) Public Order d) Persons
What is the primary distinction between Piracy under the RPC and Robbery on the high seas? a) The value of the goods taken. b) The number of offenders. c) The jurisdiction and the persons who can commit it. d) The type of vessel involved.
When does Piracy become "Qualified Piracy"? a) When the pirates are all foreigners. b) When the crime is committed at nighttime. c) When the pirates rape a passenger or kill a crew member. d) When the taken cargo exceeds P1,000,000 in value.
Which of the following is NOT a way of committing Treason? a) Levying war against the government. b) Adhering to the enemy. c) Giving aid and comfort to the enemy. d) Concealing a conspiracy to commit treason.
A, a Filipino citizen and a public officer, possessed confidential defense plans because of his position. During peacetime, he sold these plans to a representative of Country Z. What crime did A commit? a) Treason b) Espionage c) Revelation of Secrets d) Inciting to War
The penalty for a Filipino citizen who commits Treason is: a) Reclusion temporal b) Prision mayor c) Reclusion perpetua to Death d) Life imprisonment
X agrees with Y and Z to levy war against the Philippine government during a war. They buy guns and finalize their plan. What crime is committed? a) Treason b) Proposal to Commit Treason c) Conspiracy to Commit Treason d) Rebellion
For Misprision of Treason to be committed, the offender must be a: a) Resident alien b) Public officer c) Filipino citizen d) Any person with knowledge
The act of fleeing to an enemy country when prohibited by competent authority is penalized under: a) Art. 120, RPC b) Art. 121, RPC c) Art. 114, RPC d) Art. 117, RPC
What is the element that differentiates Piracy from Mutiny? a) Intent to gain b) The location of the crime c) The number of persons involved d) The violence used
PD 532, otherwise known as the Anti-Piracy and Anti-Highway Robbery Law, expanded the definition of piracy to include acts committed by: a) Passengers and crew members b) Only foreigners c) Government officials d) Only on the high seas
Adherence to the enemy, as an element of treason, means: a) Giving them food and shelter. b) Serving in their army. c) Intellectually or emotionally favoring the enemy. d) Surrendering to the enemy.
If a Filipino citizen commits treason, and an alien residing in the Philippines also commits treason, who faces a higher potential penalty? a) The alien faces a higher penalty. b) The Filipino citizen faces a higher penalty. c) They face the same penalty. d) It depends on the specific act committed.
Which crime involves provoking or giving occasion for a war involving the Philippines? a) Violation of Neutrality b) Correspondence with Hostile Country c) Inciting to War or Giving Motives for Reprisals d) Treason
A person who, during a war, sends a letter to an enemy country containing information about Philippine troop movements commits: a) Espionage b) Treason c) Correspondence with Hostile Country d) Flight to Enemy Country
The two modes of committing treason are levying war and _______. a) adhering to the enemies, giving them aid or comfort b) conspiracy with the enemies c) revealing secrets to the enemies d) proposing war against the government
In which of the following is the two-witness rule NOT applicable? a) Treason by levying war b) Treason by adhering to the enemy c) Conspiracy to commit treason d) All of the above
Which of the following is an essential element of piracy under the RPC? a) The vessel must be a commercial ship. b) The offenders must not be members of the crew or passengers. c) The crime must be committed at night. d) The captain of the ship must be killed.
A person who violates a regulation issued by the government to enforce neutrality during a war where the Philippines is not a party commits: a) Violation of Neutrality b) Espionage c) Inciting to War d) Misprision of Treason
The main difference between treason and rebellion lies in the: a) Number of participants b) Level of violence c) Allegiance to an external enemy vs. internal uprising d) Penalty imposed

Answer Key & Explanations

C) Treason - Treason is explicitly defined as a war crime.
B) An American tourist on a two-week vacation in Palawan. - A tourist does not owe temporary allegiance in the same way a resident alien does. Allegiance is based on a more permanent connection (citizenship) or residence.
B) The same overt act. - The rule is strict: both witnesses must have seen the same specific physical act of aid or comfort.
D) Misprision of Treason - He is a Filipino citizen who knew of a conspiracy to commit treason and failed to report it.
C) A foreign spy entering a Philippine naval base to gather confidential data. - This fits the first mode of committing Espionage under Art. 117.
B) The Law of Nations - Piracy is considered hostis humani generis (enemy of mankind), making it a crime against the international community.
C) The jurisdiction and the persons who can commit it. - Piracy is a crime against humanity triable anywhere, and under the RPC, offenders cannot be crew or passengers. Robbery is territorial.
C) When the pirates rape a passenger or kill a crew member. - Art. 123 specifies that piracy is qualified if accompanied by crimes like murder, homicide, or rape.
D) Concealing a conspiracy to commit treason. - This is the crime of Misprision of Treason (Art. 116), not Treason itself.
B) Espionage - This is the second mode of espionage: a public officer disclosing confidential information obtained by reason of his office to a foreign nation. It can be committed during peacetime.
C) Reclusion perpetua to Death - This is the penalty prescribed for a Filipino citizen who commits treason.
C) Conspiracy to Commit Treason - There was an agreement (conspiracy) between two or more persons to levy war, and they decided to commit it.
C) Filipino citizen - Art. 116 specifically states the offender must be a citizen who owes permanent allegiance.
B) Art. 121, RPC - This article penalizes the act of Flight to Enemy Country.
A) Intent to gain - Piracy requires intent to gain (animo lucrandi). Mutiny is the unlawful resistance to a superior officer or the raising of commotions and disturbances on board a ship against the authority of its commander.
A) Passengers and crew members - PD 532 broadened the scope of offenders to include any person, removing the RPC's limitation.
C) Intellectually or emotionally favoring the enemy. - Adherence is the internal state of mind, while aid and comfort are the external acts.
B) The Filipino citizen faces a higher penalty. - The penalty for a Filipino is Reclusion perpetua to death, while for an alien, it starts from Reclusion temporal.
C) Inciting to War or Giving Motives for Reprisals - This is the crime defined under Art. 118.
C) Correspondence with Hostile Country - The act fits the description under Art. 120, as it contains information useful to the enemy.
A) adhering to the enemies, giving them aid or comfort - This is the second mode of committing treason under Article 114.
C) Conspiracy to commit treason - The two-witness rule is a specific requirement for the overt act of treason itself, not for conspiracy, proposal, or misprision.
B) The offenders must not be members of the crew or passengers. - This is a key element that distinguishes piracy under the RPC from mutiny or robbery by crew members.
A) Violation of Neutrality - This act directly falls under the definition in Art. 119.
C) Allegiance to an external enemy vs. internal uprising - Treason involves collaboration with a foreign enemy, while rebellion is an internal armed uprising against the government.