criminal_law_memory_aid_titles_1-4_book.pdf - TITLE 1 CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes under this title can be prosecuted

criminal_law_memory_aid_titles_1-4_book.pdf - TITLE 1...

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TITLE 1. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes under this title can be prosecuted even if the criminal act/s were committed outside the Philippine territorial jurisdiction. Prosecution can proceed only if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. CRIMES AGAINST NATIONAL SECURITY ( TCo-ME ) 1. Treason (Art. 114) 2. Conspiracy and proposal to commit treason (Art. 115) 3. Misprision of treason (Art. 116) 4. Espionage (Art. 117) TREASON Offender is a Filipino or Resident Alien The offender either: CONSPIRACY TO COMMIT TREASON At least two persons come to an agreement to: They decide to commit it PROPOSAL TO COMMIT TREASON At least one person decides to: He proposes its execution to some other persons MISPRISION OF TREASON Offender owes allegiance to the government, and not a foreigner (2) He has knowledge of conspiracy to commit treason against the government ESPIONAGE There is a war in which the Philippines is involved A. Levies war against the government(1) or B. adheres to the enemies, giving them aid or comfort within the Philippines or elsewhere He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he resides. (3) By entering, without authority therefor, a warship, fort or naval or military establishment, to obtain any information, plans, photograph or other data of confidential nature relative to the defense of the Philippines By disclosing to the representative of a foreing nation the information, plans, photographs or other data of confidential nature relative to the defense of the Philippines which is in his possession (1) Requirements of levying war: (CADE) 1. Actual assembling of men;
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2. To execute a treasonable design by force; 3. Intent to deliver the country in whole or in part to the enemy; and 4. Collaboration with foreign enemy or some foreign sovereign. (2) May be committed only by citizens of the Philippines. (3) The persons mentioned in Article 116 are not limited to mayor, fiscal or governor. Any person in authority having equivalent jurisdiction, like provincial commander, will already negate criminal liability. NB: 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. CRIMES AGAINST THE LAW OF NATIONS (I-ViCo-FliP) -the offender can be prosecuted whenever he may be found because the crimes are regarded as committed against humanity in general.
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