Book Two.pdf - CRIMINAL LAW BOOK 2 REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS 2

Book Two.pdf - CRIMINAL LAW BOOK 2 REVIEWER ATENEO CENTRAL...

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CRIMINAL LAW BOOK 2 REVIEWER ATENEO CENTRAL BAR OPERATIONS 2001 1 TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS CHAPTER 1: CRIMES AGAINST NATIONAL SECURITY Section 1 Treason and Treason and espionage espionage Ar t. 114 . Treason Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being 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. Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in par. 1 of this Art. 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) ELEMENTS: 1. That the offender owes allegiance to the Government of the Philippines 2. That there is a war in which the Philippines is involved 3. That the offender either 1) Levies war against the government, a)breech of allegiance b)actual assembling of men c)for the purpose of executing a reasonable design d)adherence e)giving aid or comfort to the enemy 2) Adheres to the enemies, giving them aid and comfort WAYS OF PROVING TREASON: 1. 2 witnesses testifying to same overt act Example : X saw arms landed in La Union and loaded into a motor vehicle. At this stage, it’s not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT. 2. Confession of the accused in open court. Arraignment, pre-trial, trial OK. a)If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason. b) During trial, simply saying ―I’m guilty‖ is not enough. c) Withdrawing plea of ―not guilty‖ during arraignment not necessary d)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, superiorstrength 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 Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) NOT NOT TREASONO TREASONOUS: US: 1. Acceptance of public office and discharge
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