2 That there is a regulation issued by competent authority for the purpose of

2 that there is a regulation issued by competent

This preview shows page 186 - 189 out of 497 pages.

2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality and 3. That the offender violates such regulation. Notes: i
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This crime is committed only in times of war. Neutrality of the Philippines that was violated. There has to be a regulation issued by competent authority for enforcement of neutrality.Offender violated it. Being public officer or employee has higher penalty. Art.120 Correspondence with hostile country Elements: 1. There is a war in and Philippine is involved. 2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops. 3. That 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. Qualifying Circumstances 1. Notice or information might be useful to the enemy. 2. Offender intended to aid the enemy. Notes: A hostile country exists only during hostilities or after the declaration of war. Correspondence to enemy country is correspondence to officials of enemy country even if said official is related to the offender. It is not correspondence with private individual in enemy country. If ciphers were used,no need for prohibition of the government. If ciphers were not used,there is a need for prohibition of the government. It is immaterial if correspondence contains innocent matters.If prohibited,correspondence is punishable. Art.121. Flight to enemy's country Elements: 1. There is a war and Philippine is involved. 2. Offender owes allegiance to the government. 3. Offender attempts to flee or go to enemy country. 4. Going to enemy country is prohibited by competent authority. i
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Persons liable: 1. Filipino citizen 2. Alien residing in the Philippines Notes: There must be a prohibition.If there is none,even if one went to enemy country,there is no crime. An alien resident may be held guilty for this crime because an alien owes allegiance to the Philippine government albeit temporary. Section Three Piracy and Mutiny on the High Seas Art.122 Piracy in General and Mutiny on the high seas Piracy - Modes to commit 1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD532) 2. By seizing the whole or part of the cargo of said vessels,its equipment or personal belongings of its compliment or passengers,the offenders being strangers to the vessels. Piracy - 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. Mutiny - the unlawful resistance to a superior or the raising of commotions and disturbances on board a ship against the authority of its commander.
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