committed by any Filipino citizen or an alien residing in the Philippines who levies war against the Philippine Government or adheres to her enemies by giving them aid and comfort.
Treason
is committed by any Filipino citizen or an alien residing in the
Philippines who levies war against the Philippine Government or
adheres to her enemies by giving them aid and comfort.
Treason- art 114
meeting of two or more persons
who come to an agreement to commit treason and decide to commit it
CONSPIRACY TO COMMIT TREASON
a person has decided to commit
treason and proposes its execution to other person or persons.
PROPOSAL TO COMMIT TREASON
CONSPIRACY AND PROPOSAL TO COMMIT TREASON
ARTICLE 115
Every person owing allegiance to the Government of the Philippine
Islands, without being a foreigner, and having knowledge of any
conspiracy against them, conceals or does not disclose and make known
the same, as soon as possible to the governor or fiscal of the province, or
the mayor or fiscal of the city which he resides, as the case may be shall
be punished as an accessory to the crime of treason.
ARTICLE 116 – MISPRISION OF TREASON
By entering, without authority therefor, a warship, fort, or naval
or military establishment or reservation to obtain any
information, plans, photographs or other data of a confidential
nature, relative to the defense of the Philippines
Or
By disclosing to the representative of a foreign nation the contents
of the articles, data or information referred to in paragraph No. 1 of
art. 117, which he had in his possession by reason of the public office he holds
ARTICLE 117 – ESPIONAGE
will arise the moment the offender divulges or discloses the data and information to a representative of a foreign nation
Espionage
That the offender performs unlawful or unauthorized acts by the
Philippine government.
2. That the said act provokes or gives occasion for a war involving or
liable to involve the Philippines or exposes Filipino citizens to
reprisals on their persons and property while they are in a foreign
country.
3. He is not legally authorized to do so.
ARTICLE 118 –INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS
ELEMENTS:
1. The crime is committed when there is a war but the Philippines is not
involved in the said war and;
2. The competent authority issued a regulation for the purpose of
enforcing neutrality among Filipino citizens and ;
3. The offender violates such regulation imposed.
• The violation will only arise if there is a proclamation or regulation imposing
neutrality and a Filipino citizen violates such declaration or regulation issued by a competent authority. Therefore, absence of such declaration of neutrality, the crime of violation of neutrality does not arise
ARTICLE 119 – VIOLATION OF NEUTRALITY
ARTICLE 120 – CORRESPONDENCE WITH HOSTILE
COUNTRY
ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY
. 2. The vessel is on the high seas or on Philippine waters.
The offenders are not members of the complement or passengers of
the vessel.
3. The offenders either:
a. The offenders either attack or seize the vessel; or
b. The offenders either seize in whole or in part the cargo, the
equipment, or the personal belongings of the passengers or
members of the complemen
ARTICLE 122 – PIRACY
ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY
HOSTIS HUMANIS GENERIS
Enemy of all Mankind
ARTICLE 122 – MUTINY
there is no taking because in mutiny there is no intent to gain.
Mutiny is the rising of commotion, a resistance against the lawful command,
against the lawful authority of the commander or captain of the ship
Mutiny
is committed by attacking or seizing the vessel or seizing in whole or in part the cargo, equipment or personal
belongings of the members of the complement or passengers of the
vessel IRRESPECTIVE of the value thereof, committed by means of force
and violence and committed by any person whether he may a member
of the complement or passenger of the vessel or strangers to the
vessel BUT the vessel is on Philippine waters.
Piracy PD 532
ARTICLE 123 – QUALIFIED PIRACY
ARTICLE 124 – ARBITRARY DETENTION BY DETAINING A
PERSON WITHOUT LEGAL GROUND
committed by threatening another with the infliction
upon his person, honor, or property, or that of his family, any wrong
amounting to a crime and demanding or imposing any other condition even
though not unlawful
Grave threats
ARTICLE 125 – ARBITRARY DETENTION BY FAILING TO DELIVER THE
DETAINED PERSON TO THE PROPER JUDICIAL AUTHORITIES WITHIN 12, 18
OR 36 HOURS
The law says that a public officer must deliver the person arrested
to proper judicial authority within:
a) 12 hours, for crimes punishable by light penalties, or their
equivalent
b) 18 hours, for crimes punishable by correctional
penalties, or their equivalent
c) 36 hours, for crimes punishable by afflictive or
capital penalties, or their equivalent
ARTICLE 126 – ARBITRARY DETENTION BY DELAYING THE
RELEASE OF PRISONERS DESPITE THE JUDICIAL OR EXECUTIVE
ORDER TO DO SO