CRIMINAL LAW: TITLE I (CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS)


Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Crimes against national security.

1. Treason (Art. 114)

2. Conspiracy and proposal to commit treason (Art. 115)

3. Misprision of treason (Art. 116)

4. Espionage (Art. 117)

 

Crimes against the law of nations.

1. Inciting to war or giving motives for reprisals (Art. 118)

2. Violation of neutrality (Art. 119)

3. Correspondence with hostile country (Art. 120)

4. Flight to enemy's country (Art. 121)

5. Piracy in general and mutiny on the high seas or in Philippine waters (Art. 122)


·         The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. This is one of the instances where the Revised Penal Code may be given extraterritorial application under Article 2 (5) thereof.

·         However, prosecution can proceed only if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. 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.

·         Almost all of these are crimes committed in times of war, except the following, which can be committed in times of peace:

(1) Espionage under Article 114

(2) Inciting to War or Giving Motives for Reprisals under Article 118 – This can be committed even if the Philippines is not a participant

(3) Violation of Neutrality, under Article 119 – The Philippines is not a party to a war but there is a war going on. 






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