CRIMINAL LAW: REVISED PENAL CODE, BOOK TWO, TITLE ONE
Crimes Against National Security and the Laws of Nations
Articles 114–123
Title One of Book Two of the Revised Penal Code (RPC) encompasses crimes that threaten the sovereignty, territorial integrity, and security of the State, as well as those affecting international relations and the respect for international laws. Below is a detailed and meticulous breakdown of each provision under this Title:
1. TREASON (Article 114)
Elements:
- The offender owes allegiance to the Philippines.
- There is a war in which the Philippines is involved.
- The offender either:
- Levies war against the government, or
- Adheres to the enemies, giving them aid or comfort.
Key Notes:
- Allegiance: Applies to Filipino citizens or residents of the Philippines.
- Levying War: Assembling men and committing acts to overthrow the government or resist its authority.
- Adherence to Enemies: Any act of helping enemies, such as providing information or resources.
Penalty:
- Reclusion perpetua to death and a fine not exceeding ₱100,000.
Evidentiary Rule:
- Two-Witness Rule: Treason must be proven by the testimony of two witnesses to the same overt act or a confession in open court.
2. CONSPIRACY AND PROPOSAL TO COMMIT TREASON (Article 115)
Definitions:
- Conspiracy: Agreement between two or more persons to commit treason.
- Proposal: When a person proposes to another to commit treason.
Penalty:
- Conspiracy: Prision mayor and a fine not exceeding ₱10,000.
- Proposal: Prision correccional and a fine not exceeding ₱5,000.
3. MISPRISION OF TREASON (Article 116)
Definition:
- A person, owing allegiance to the Philippines and having knowledge of a conspiracy to commit treason, fails to report it to the authorities.
Elements:
- The offender owes allegiance to the government.
- The offender has knowledge of treason committed by others.
- The offender does not report it to proper authorities as soon as possible.
Penalty:
- Prision correccional in its maximum period and a fine not exceeding ₱5,000.
4. ESPIONAGE (Article 117)
Definition:
- Acts of gathering, transmitting, or losing information that is classified as defense-related, intending to be used to the detriment of the Philippines or the benefit of a foreign country.
Punishable Acts:
- Entering restricted military installations to obtain information of a classified nature.
- Disclosing national defense secrets without authority.
Penalty:
- Prision correccional to prision mayor depending on the gravity of the offense.
5. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS (Article 118)
Definition:
- Any act that provokes or gives occasion for a war or exposes Filipino citizens to reprisals.
Elements:
- An offender performs an act that endangers or exposes the Philippines to war or retaliatory acts.
- The act is intentional.
Penalty:
- Reclusion temporal.
6. VIOLATION OF NEUTRALITY (Article 119)
Definition:
- Violation of neutrality occurs when a person performs acts hostile to one belligerent or favorable to another while the Philippines is neutral in a conflict.
Elements:
- The Philippines is a neutral country in a war.
- The offender performs prohibited acts against the spirit of neutrality.
Penalty:
- Prision correccional.
7. CORRESPONDENCE WITH HOSTILE COUNTRY (Article 120)
Definition:
- Unauthorized communication or correspondence with an enemy country during wartime.
Punishable Acts:
- Communication beneficial to the enemy or prejudicial to the Philippines.
- Communication devoid of harmful effects but made knowingly.
Penalty:
- Reclusion temporal.
8. FLIGHT TO ENEMY'S COUNTRY (Article 121)
Definition:
- Any Filipino who flees to an enemy country during war to evade loyalty to the Philippines.
Penalty:
- Prision mayor.
9. PIRACY AND MUTINY ON THE HIGH SEAS (Article 122)
Definitions:
- Piracy: Robbery or any forcible depredation on the high seas for personal gain.
- Mutiny: Unlawful resistance to a commander on board a ship.
Punishable Acts:
- Seizing a vessel or its cargo by force.
- Attacking or intimidating passengers or crew.
- Joining pirates in their criminal activities.
Penalty:
- Reclusion perpetua.
10. QUALIFIED PIRACY (Article 123)
Definition:
- Piracy that is attended by any of the following:
- The offenders have seized the vessel by mutiny or other means.
- The offenders intended to murder or have committed physical injuries.
- The crime is accompanied by rape, homicide, or physical injuries.
Penalty:
- Reclusion perpetua to death.
GENERAL PRINCIPLES:
- Crimes Against National Security: Treason, conspiracy, espionage, and misprision are aimed at preserving sovereignty and public order.
- Crimes Against the Laws of Nations: Piracy and related offenses affect international order and peace.
- Jurisdiction: The Philippines has extraterritorial jurisdiction over piracy and mutiny, as these are considered crimes against humanity and international law.
Special Laws:
- Related provisions under special laws, such as the Human Security Act (Anti-Terrorism Act), may supplement Title One.
By maintaining these safeguards, the State ensures its sovereignty and fulfills its obligations under international law.