CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATIONS1

Prepared by:

Atty. JOEL B. PUROG, JR., RCrim, JD

Police Officer, PNP-CIDG
Trial Lawyer, JBPUROG LAW
Professorial Lecturer, BatState-U, ARASOF, CvSU, TMCC

These are the offenses which were referred to in Article 2 of the Revised Penal Code where our
courts have jurisdiction even if it were committed outside the Philippine Archipelago. They are
Treason, Conspiracy and Proposal to commit Treason, Misprision of Treason, Espionage, Inciting
to war or giving motives for reprisals, Violation of Neutrality, Correspondence with hostile
country, Flight to enemy’s country, Piracy in general and Mutiny in the High Seas, Qualified
Piracy.

In general, crimes under this category can only be committed during wartime except
Espionage, Inciting to War and Giving motive for reprisal and Violation of Neutrality.

I. CRIMES AGAINST NATIONAL SECURITY

TREASON
Article 114. Treason. - Any person who, owing allegiance to (the United States or)
the Government of the Philippine Islands, not being a foreigner, levies war against them or
adheres to their enemies, giving them aid or comfort within the Philippine Islands or
elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to
exceed P20,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least
to the same overt act or on confession of the accused in open court.

1
This material is basically based on Ortega’s Lecture Notes in Criminal Law 2 with modification and updates
from the books of Judge Campanilla, Prof. Boado, CA Justice Reyes, SB Justice Sandoval and Dean Estrada.
 Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined
in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a
fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).

HOW COMMITTED ELEMENTS

Treason is committed by any Filipino Citizen or 1. Offender is a Filipino Citizen

Resident Alien who (1) Levies War against the or
government or (2) adherence to enemy by giving them Resident Alien;
aid and comfort within the Phils. or elsewhere. 2. There is a war in which
the Phils. is involved.
3. Offender levies war against
the
government or adheres
to enemy by giving
them aid and comfort.

If the offender is a Filipino Citizen, he can commit this crime even if he is outside the
country. If resident alien, can only commit this crime if he is in or residing in the Phils.

For the accused to be convicted of Treason, there is a need for the testimony of at least
two witnesses for each overt act “Two-Witnesses Rule”, or Confession of the accused in
open court.

CONSPIRACY AND PROPOSAL TO COMMIT TREASON

Article 115. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or
proposal to commit the crime of treason shall be punished respectively, by prision mayor
and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding
P5,000 pesos.

Elements of CTC Treason Elements of PTC Treason

 1. There is a war in which the Philippines is 1. There is a war in which the
involved; Philippines is involved;
2. At least two persons come to an 2. At least one person decides to –
agreement to – a. levy war against
a. levy war against the the government; or
government; or b. adhere to the enemies,
b. adhere to the enemies, giving them aid or comfort;
giving them aid or comfort; 3. He proposes its execution to some
other persons.
3. They decide to commit it.

MISPRISION OF TREASON
Article 116. Misprision of treason. - Every person owing allegiance to (the United States)
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 in which he resides, as the case may be, shall be punished as
an accessory to the crime of treason.

This crime is the failure of the offender to disclose his knowledge of conspiracy to
commit treason to the authorities like Governor, Fiscal, or Mayor. This can only be
committed by Filipino citizen.

ESPIONAGE
Article 117. Espionage. - The penalty of prision correccional shall be inflicted upon any
person who:

1. Without authority therefor, enters 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 Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, of the articles, data,
or information referred to in the preceding paragraph, discloses their contents to a
representative of a foreign nation.

The penalty next higher in degree shall be imposed if the offender be a public
officer or employee.
 HOW COMMITTED ELEMENTS

By entering, without authority therefore, 1. Offender enters any of the

a warship, fort or naval or military places mentioned:
establishment or reservation to obtain 2. He has no authority therefore; and 3.
any information, plans, photograph or other His purpose is to obtain information,
data of a confidential nature relative to the plans, photographs or other data of a
defense of the Philippines; confidential nature relative to the
defense of the
Philippines

By disclosing to the representative of a 1. Offender is a public officer;

foreign nation the contents of the articles, 2. He has in his possession the articles,
data or information referred to in paragraph data or information referred to in
1 of Article 117, which he had in his paragraph 1 of Article 117, by reason of
possession by reason of the public office he the public office he holds;
holds 3. He discloses their contents to a
representative of a foreign nation

Note: Under the 1st mode, the offender in ANY PERSON. In 2nd mode, the offender is
PUBLIC OFFICER.

Commonwealth Act No. 616 – An Act to Punish Espionage and Other Offenses
against National Security

Acts punished

1. Unlawfully obtaining or permitting to be obtained information affecting national defense;

2. Unlawful disclosing of information affecting national defense;
3. Disloyal acts or words in times of peace;
4. Disloyal acts or words in times of war;
5. Conspiracy to violate preceding sections; and
6. Harboring or concealing violators of law.

INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

Article 118. Inciting to war or giving motives for reprisals. - The penalty of reclusion temporal
shall be imposed upon any public officer or employee, and that of prision mayor upon any
private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a
war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals
on their persons or property.

Elements

1. Offender performs unlawful or unauthorized acts;

 2. The acts provoke or give occasion for –
a.) a war involving or liable to involve the Philippines; or
b.) exposure of Filipino citizens to reprisals on their persons or property.

VIOLATION OF NEUTRALITY
Article 119. Violation of neutrality. - The penalty of prision correccional shall be inflicted upon
anyone who, on the occasion of a war in which the Government is not involved, violates any
regulation issued by competent authority for the purpose of enforcing neutrality.

Elements
1. There is a war in which the Philippines is not involved;
2. There is a regulation issued by a competent authority to enforce
neutrality;
3. Offender violates the regulation.
CORRESPONDENCE WITH HOSTILE COUNTRY
Article 120. Correspondence with hostile country. - Any person who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops shall be
punished:

1. By prision correccional, if the correspondence has been prohibited by the

Government; 2. By prision mayor, if such correspondence be carried on in ciphers or

conventional signs; and

3. By reclusion temporal, if notice or information be given thereby which might be useful to

the enemy. If the offender intended to aid the enemy by giving such notice or information,
he shall suffer the penalty of reclusion temporal to death.

Elements

1. It is in time of war in which the Philippines is involved;

2. Offender makes correspondence with an enemy country or territory occupied by enemy troops;

3. The correspondence is either –

a. prohibited by the government;
b. carried on in ciphers or conventional signs; or
c. containing notice or information which might be useful to the enemy.
FLIGHT TO ENEMY'S COUNTRY
Article 121. Flight to enemy country. - The penalty of arresto mayor shall be inflicted upon
any person who, owing allegiance to the Government, attempts to flee or go to an enemy
country when prohibited by competent authority.

Elements

1. There is a war in which the Philippines is involved;

2. Offender must be owing allegiance to the government;
3. Offender attempts to flee or go to enemy country; and
4. Going to the enemy country is prohibited by competent authority.

II. CRIMES AGAINST LAW OF NATIONS

PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

Article 122. Piracy in general and mutiny on the high seas. - The penalty of reclusion temporal
shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not
being a member of its complement nor a passenger, shall seize the whole or part of the cargo
of said vessel, its equipment, or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine
waters.

PIRACY; Nature-it is robbery or forcible depredation on the high seas without lawful
authority and done with animo furandi and in the spirit and intention of universal hostility.
(People v. Lol lo, et al.)

Three (3) Kinds of Piracy:

1. Piracy in the high seas (RPC)

2. Piracy in Phil. Waters (PD 532)
3. Air Piracy (RA 6235)
PUNISHABLE ACTS ELEMENTS

Attacking or seizing a vessel on the high seas or in Philippine a. The vessel is on the
waters high seas or
Philippine waters

Seizing in the vessel while on the high seas or in Philippine waters b. Offenders are neither
the whole or part of its cargo, its equipment or personal members
belongings of its complement or passengers of its complement nor
passengers of
the vessel;
 c. Offenders either – (i)
attack or
seize a vessel on the
high seas
or in Philippine waters;
or (ii)
seize in the vessel while
on the

high seas or in
Philippine
waters the whole or
part of its
cargo, its equipment or
personal belongings of
its
complement or
passengers

d. With
intent to
gain.

MUTINY; Nature--is the unlawful resistance to a superior officer, or the raising of

commotions and disturbances aboard a ship against the authority of its commander.

Elements:

1. The vessel is on the high seas or Philippine waters;

2. Offenders are either members of its complement, or passengers of the vessel; 3.
Offenders either –
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its equipment, or personal belongings of the crew or
passengers.

Distinction between mutiny and piracy

MUTINY PIRACY

As to offenders

Mutiny is committed by members Piracy is committed by persons who are

of the complement or the not members of the complement or the
passengers of the vessel passengers of the vessel.
 As to criminal intent

Raise commotion to protest or go Criminal intent is for gain.

against the lawful command of the
captain.
(BOADO, L. p.386)
QUALIFIED PIRACY
Article 123. Qualified piracy. - The penalty of reclusion temporal to death shall be
imposed upon those who commit any of the crimes referred to in the preceding article,
under any of the following circumstances:

1. Whenever they have seized 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.

✔ Piracy is qualified when committed under any of the ff. circumstances: (i) whenever
they have seized a vessel by boarding or firing upon the same; (ii) whenever the pirates
have abandoned their victims without means of saving themselves; or (iii) the crime
is accompanied by murder, homicide, physical injuries or rape.
✔ The penalty is reclusion perpetua to death when piracy is qualified.

Republic Act No. 6235 (The Anti Hi-Jacking Law) [June 19, 1971].

Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other

countries, this crime is known as aircraft piracy.

Acts punished under the Anti Hi-Jacking Law:

1. usurping or seizing control of an aircraft of Philippine registry while it is in

flight, compelling the pilots thereof to change the course or destination of the aircraft;

Note:

∙ Aircraft is “in flight” when all the exterior doors are closed following
embarkation until opened for disembarkation although it has not moved
away.
2. usurping or seizing control of an aircraft of foreign registry while within
Philippine territory, compelling the pilots thereof to land in any part of Philippine
territory;

Notes:
 ✔ need not be in flight
✔ not required that the aircraft be a public utility.
✔ Qualifying Circumstances: Firing upon the pilot, crew or passenger; exploding
or attempting to explode any bomb to destroy the aircraft; and
accompanied by Murder, Homicide, Serous Physical Injuries or Rape.

3. carrying or loading on board an aircraft operating as a public utility passenger aircraft

in the Philippines, any flammable, corrosive, explosive, or poisonous substance; and

Note:
∙ Mere loading of explosive, corrosive etc brings about criminal liability. 4.
loading, shipping, or transporting on board a cargo aircraft operating as a public utility
in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this
was done not in accordance with the rules and regulations set and promulgated by the
Air Transportation Office on this matter.

Note:

∙ what is penalized is carrying substances listed in No. 3 not in

accordance with ATO rules and regulations.

Kinds of Aircraft and their treatment under the Anti Hi-jacking Law
AIRCRAFT TREATMENT

Philippine Registry It must be in flight

Foreign Registry It need not be in flight

Public Utility Passenger Mere carrying of prohibited substance

Aircraft is punished

Public Utility Passenger Non-compliance with ATO Rules and

Aircraft Regulation
R.A. 9372 (HUMAN SEUCRITY ACT of 2007)

Concept of Terrorism:

Terrorism is perpetrated by a person, who commits a predicate crime, which creates

a condition of widespread and extraordinary fear and panic among the populace in order
to coerce the government to give in to unlawful demand.
What are the predicate crimes?

For purposes of Human Security Act, predicate crimes are: (a) Piracy; (b) Highway Robbery;
(c) Hi-Jacking; (d) Rebellion; (e) Coup d’etat; (f) murder; (g) Kidnapping and Serious Illegal
Detention; (h) crimes involving destruction; (i) Arson and (j)crime involving unlicensed firearms.
LEARNING EXERCISES/CASE ANALYSIS:

Problem: The brothers Roberto and Ricardo Ratute, both Filipino citizens, led a group of armed
men in seizing a southern island in the Philippines, and declaring war against the duly constituted
government of the country. The Armed Forces of the Philippines (AFP), led by its Chief of Staff,
General Riturban, responded and a full-scale war ensued between the AFP and the armed men
led by the brothers. The armed conflict raged for months. When the brothers-led armed men were
running out of supplies, Ricalde, also a Filipino, and a good friend and supporter of the Ratute
brothers, was tasked to leave for abroad to solicit arms and funding for the cash-strapped
brothers. He was able to travel to Rwanda, and there he met with Riboli, a citizen and resident of
Rwanda, who agreed to help the brothers by raising funds internationally, and to send them to
the Ratute brothers in order to aid them in their armed struggle against the Philippine
government. Before Ricalde and Riboli could complete their fund-raising activities for the
brothers, the AFP was able to reclaim- the island and defeat the Ratute-led uprising. Ricalde and
Riboli were charged with conspiracy to commit treason. During the hearing of the two cases, the
government only presented as witness, General Riturban, who testified on the activities of the
Ratute brothers, Ricalde, and Riboli. Can Ricalde and Riboli be convicted of the crime of conspiracy
to commit treason?

Problem: While SS Nagoya Maru was negotiating the sea route from Hongkong towards Manila,
and while still 300 miles from Aparri, Cagayan, its engine malfunctioned. The Captain ordered the
ship to stop for emergency repairs lasting for almost 15 hours. Due to exhaustion, the officers and
crew fell asleep. While the ship was anchored, a motorboat manned by renegade Ybanags from
Claveria, Cagayan, passed by and took advantage of the situation. They cut the ship’s engines and
took away several heavy crates of electrical equipment and loaded them in their motorboat. Then
they left hurriedly towards Aparri. At daybreak, the crew found that a robbery took place. They
radioed the Aparri Port Authorites resulting in the apprehension of the culprits. a. What crime was
committed? Explain. b. Supposing that while the robbery was taking place, the culprits stabbed a
member of the crew while sleeping. What crime was committed?

Problem: The Royal S.S. Maru, a vessel registered in Panama, was 300 nautical miles from Aparri,
Cagayan when its engines malfunctioned. The Captain ordered his men to drop anchor and repair
the ship. While the officers and crew were asleep, armed men boarded the vessel and took away
several crates containing valuable items and loaded them in their own motorboat. Before the
band left, they planted an explosive which they detonated from a safe distance. The explosion
damaged the hull of the ship, killed ten (10) crewmen, and injured fifteen (15) others. What crime
or crimes, if any, were committed? Explain

SUGGESTED FURTHER READINGS:

Reyes. Luis B. The Revised Penal Code Criminal Law Book Two. 2017 Edition. Rex Book Store.
p. 1-34.