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The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. However, prosecution can proceed only if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. This is one of the instances where the Revised Penal Code may be given extra-territorial application under Article 2 5 thereof. In the case of crimes against the law of nations, the offender can be prosecuted whenever he may be found because the crimes are regarded as committed against humanity in general.
What matters is the actual assembly of men and the execution of treasonable design by force. The testimonies must refer to the same act, place and moment of time. Treason cannot be proved by circumstantial evidence or by extrajudicial confession. Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse.
Answer: NO. Confession of the accused in open court. Arraignment, pre-trial, trial OK. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason.
If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of affidavit during trial, even if assisted by counsel is not enough. Treason: breach of allegiance to the government, committed by a person who owes allegiance to it.
Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether the person is a citizen or an alien. Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore, not aggravating. Treason cannot be committed in times of peace, only in times of war actual hostilities. But no need for declaration of war. Not Treasonous: a. Acceptance of public office and discharge of official duties under the enemy does not constitute per se the felony of treason exception: when it is policy determining.
Serving in a puppet government ministerial functions and in order to serve the populace is NOT treasonous. But it is treason if: a there is discretion involved; b inflicts harm on Filipinos; c it is disadvantageous to them.
Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials not treason. On Citizenship a. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines. Alien: with permanent resident status from the BID it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitors country or that which weaken and tend to weaken the power of the same.
Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily giving aid and comfort. Adherence: when a citizen intellectually or emotionally favors the enemy and harbors convictions disloyal to his countrys policy. But membership in the police force during the occupation is NOT treason. Example: Giving information to, or commandeering foodstuffs for the enemy. Adherence may be proved by: 1 one witness; 2 from the nature of the act itself; 3 from the circumstances surrounding the act.
When this adherence or sympathies are converted into aid and comfort, only then they take material forM. This material form is now what is made punishable. It is usually manifested by the offender in giving information, commandeering foodstuffs, serving as spy and supplying the enemy with war materials.
Treason is a continuing offense. It can be committed by a single act or by a series of acts. It can be committed in one single time or at different times and only one criminal intent. In construing the provisions relating to the commission of several acts, the same must be done in pursuance or furtherance of the act of treason.
No matter how many acts of treason are committed by the offender, he will be liable for only one crime of treason. If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art. No treason through negligence. In the imposition of the penalty for the crime of treason, the court may disregard the presence of mitigating and aggravating circumstances.
It may consider only the number, nature and gravity of the acts established during the trial. The imposition of the penalty rests largely on the exercise of judicial discretion. When killings and other common crimes are charged as overt act of treason, they cannot be regarded as 1 separate crimes or 2 as complex with treason. In the act of levying war or giving aid or comfort to the enemy, murder, robbery, arson or falsification may be committed by the offender.
BUT the offender does not commit the crime of treason complexed with common crimes because such crimes are inherent to treason, being an indispensable element of the same. The manner in which both crimes are committed in the same.
In treason however, the purpose of the offender is to deliver the government to the enemy country or to a foreign power.
In rebellion, the purpose of the rebels is to substitute the government with their own form of government. No foreign power is involved. Treason distinguished from Sedition. In treason, the offender repudiates his allegiance to the government by means of force or intimidation. He does not recognize the supreme authority of the State. He violates his allegiance by fighting the forces of the duly constituted authorities.
In sedition, the offender disagrees with certain policies of the State and seeks to disturb public peace by raising a commotion or public uprising. Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy. While Treason as a crime should be established by the two-witness rule, the same is not observed when the crime committed conspiracy to commit treason or when it is only a proposal to commit treason.
That the offender must be owing allegiance to the government, and not a foreigner. That he has knowledge of any conspiracy to commit treason against the government c. 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 in which he resides While in treason, even aliens can commit said crime because of the amendment to the article, no such amendment was made in misprision of treason.
Misprision of treason is a crime that may be committed only by citizens of the Philippines. Take note that the offender is a principal to the crime of misprision of treason, yet he is penalized only as an accessory. In the imposition of the penalty, the court is not bound by the provisions of Article 63 and 64, referring to indivisible penalties.
In the presence of mitigating and aggravating circumstances, the offender is punished two degrees lower than the penalty for the crime of treason. The criminal liability arises if the treasonous activity was still at the conspiratorial stage. To report within a reasonable time depends on time, place and circumstance the RPC did not fix time. RPC states 4 individuals, what if you report to some other high-ranking government official?
PNP Director? Whether the conspirators are parents or children, and the ones who learn the conspiracy is a parent or child, they are required to report the same. The reason is that although blood is thicker than water so to speak, when it comes to security of the state, blood relationship is always subservient to national security.
Article 20 does not apply here because the persons found liable for this crime are not considered accessories; they are treated as principals.
Article Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. That the offender enters any of the places mentioned therein. It is sufficient that he entered the prohibited premises. Here, the offender is any private individual, whether an alien or a citizen of the Philippines, or a public officer.
Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in paragraph 1 of Article , which he had in his possession by reason of the public office holds. That he has in his possession the articles, data or information referred to in par 1 of art , by reason of the public office he holds.
Under the second mode, the offender must be a public officer who has in possession the articles, data or information by reason of the office he holds. Taking advantage of his official position, he reveals or discloses the information which are confidential and are relevant to the defense of the Philippines.
Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship. Not necessary that Philippines is at war with the country to which the information was revealed.
What is important is that the information related is connected with the defense system of the Philippines. Unlawfully obtaining or permitting to be obtained information affecting national defense;.
Crimes against national security can be tried only in the Philippines, as there is a need to bring the offender here before he can be made to suffer the consequences of the law. The acts against national security may be committed abroad and still be punishable under our law, but it can not be tried under foreign law.
That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property Crime is committed in time of peace, intent is immaterial.
Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country. X burns Chinese flag.
Callanta Notes Criminal Law 2 Reviewer
Criminal Law — A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. The power to punish violators of criminal law comes within the police power of the state. It is the injury inflicted to the public which a criminal action seeks to redress, and not the injury to the individual. The objective of the punishment is two-fold: absolute and relative.
Callanta Notes (Criminal Law1)
Criminal Law I Notes by Rene Callanta