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TITLE ONE

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CRIMES AGAINST NATIONAL SECURITY

Crime Elements When Qualified? Penalty


Art 114 - Treason 1. That the offender is a Filipino Filipino citizen Reclusion Perpetua
citizen or an alien residing in to death and a fine not exceeding Php
the Philippines 100,000
2. That there is a war which the
Philippines is involved Resident alien Reclusion Temporal
3. That the offender either to death and a fine not exceeding Php
a. Levies war against the
100,000
Government, or
b. Adheres to the enemies,
giving them aid or
comfort
Art 115 Conspiracy and proposal Conspiracy to commit treason is Prision mayor and fine not exceeding
to commit treason committed when in time of war, two or Php 10,000
more persons come to an agreement
to levy war against the Government or Prision correccional and a fine not
to adhere to the enemies and to give exceeding Php 5,000
them aid or comfort, and decide to
commit it. (Art 8 and 114)

Proposal to commit treason is


committed when in time of war a
person who has decided to levy war
against the Government or to adhere
to the enemies and to give them aid or
comfort, proposes its execution to
some other person or persons. (Art 8
and 114)
Art 116 Misprision of treason 1. That the offender must be Shall be punished as an accessory to
owing allegiance to the the crime of treason
Government and not a
foreigner
2. That he has knowledge or
any conspiracy (to commit
treason) against the
Government
3. That he 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
Art 117 - Espionage 1. By entering, without authority 1. Prision correccional
therefor, a warship, fort, or 2. Penalty next higher in degree
naval or military (Prison Mayor) if the offender
establishment or reservation be a public officer or
to obtain any information, employee
plans, photographs, or other
data of a confidential nature
relative to the defense of the
Philippines

a. That the offender enters


any of the places
mentioned therein;
b. That he has no authority
therefor;
c. That his purpose is to
obtain information,
plans, photographs, or
other data of a
confidential nature
relative to the defense of
the Philippines

2. By disclosing to the
representative of a foreign
nation the contents of the
articles, data or information
referred to in par (1) of Art
117, which he had in his
possession by reason of the
public office he holds

a. That the offender is a


public officer;
b. That he has in his
possession the articles,
data or information
referred to in par (1) of
Art 117, by reason of the
public office he holds;
c. That he discloses their
contents to a
representative of a
foreign nation

CRIMES AGAIN THE LAW OF NATIONS

Crime Elements When Qualified? Penalty


Art 118 Inciting to war or giving 1. That the offender performs Private individual Prision mayor
motives for reprisals unlawful or unauthorized
acts; Public officer or employee Reclusion
2. That such acts provoke or temporal
give occasion for a war
involving or liable to involve
the Philippines or expose
Filipino citizens to reprisals
on their persons or property
Art 119 Violation of neutrality 1. That there is a war in which Prision correccional
the Philippines is not
involved;
2. That there is a regulation
issued by competent
authority for the purpose of
enforcing neutrality;
3. That the offender violates
such regulation
Art 120 Correspondence with 1. That it is in time of war in 1. That the notice or information 4. Prision correccional if
hostile country which the Philippine is might be useful to the enemy prohibited by the
involved; 2. That the offender intended to Government
2. That the offender makes aid the enemy 5. Prision mayor if carried in
correspondence with an ciphers of conventional signs
enemy country or territory 6. Reclusion temporal if
occupied by enemy troops; notice or information be
3. That the correspondence is given thereby which might be
either useful to the enemy
a. Prohibited by the 7. Reclusion temporal to death
Government, or if the offender intended to
b. Carried on in ciphers or aid the enemy by giving such
conventional signs, or notice or informatio
c. Containing notice or
information which might
be useful to the enemy
Art 121 Flight to enemys country 1. That there is a war in which Arresto Mayor
the Philippines is involved
2. That the offender must be
owing allegiance to the
Government
3. That the offender attempts to
the flee or go to enemy
country
4. That going to enemy country
is prohibited by competent
authority
Art 122 Piracy in general and 1. That a vessel is on the high Reclusion Perpetua
mutiny on the high seas or in the seas or in Philippine waters;
Ph waters 2. That the offender are not
members of its complement
or passengers of the vessel;
3. That the offenders
a. Attach or seize that
vessel or
b. Seize the whole or part
of the cargo of said
vessel, its equipment or
personal belongings of
its complement or
passenger
Art 123 Qualified Piracy 1. Whenever they have seized Reclusion perpetua to Death
a vessel by boarding or firing
upon the same;
2. Whenever the pirates have
abandoned their victims
without means of saving
themselves; or
3. Whenever the crime is
accompanied by murder,
homicide, physical injuries or
rape

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