Consequences of Hijacking

• Crimes against national security include treason, conspiracy and proposal to commit treason, misprision of treason, and espionage.
• Crimes against the law of nations include inciting war or giving motives for reprisals, violation of neutrality, corresponding with a hostile country, flight to the enemy's country, and piracy.
• These crimes can be prosecuted even if committed outside Philippine territory, provided the offender is within Philippine territory or is brought there via extradition treaty.
• In the case of crimes against the law of nations, the offender can be prosecuted wherever they are found, as these crimes are regarded as committed against humanity.

Treason (Article 114)

Elements:

• The offender owes allegiance to the Government of 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 and comfort.
• Levying war involves a breach of allegiance, actual assembling of men, and the purpose of executing a treasonable design.
• Adhering to the enemies involves a breach of allegiance, adherence, and giving aid or comfort to the enemy. Requirements of levying war
• Actual assembling of men.
• Intent to execute a treasonable design by force.
• Intent to deliver the country, in whole or in part, to the enemy, and collaboration with a foreign entity.
• Success is not required; the actual assembly of men and execution of treasonable design by force are what matter.
• Treason requires two witnesses testifying to the same overt act; testimonies must refer to the same act, place, and time, and cannot be proved by circumstantial evidence or extrajudicial confession.
• An example: one witness saw arms landed and loaded, and another saw the arms unloaded, is insufficient to convict.
• Treason can also be proven by the confession of the accused in open court during arraignment, pre-trial, or trial.
• Saying "I'm guilty" is insufficient; specific acts constituting treason must be stated; withdrawing a plea of "not guilty" during arraignment is unnecessary.
• Treason is a breach of allegiance to the government and can be permanent or temporary, depending on citizenship.
• Evident premeditation, superior strength, and treachery are not aggravating circumstances in treason, as they are inherent.
• Treason cannot be committed in times of peace, only during war or actual hostilities, but no formal declaration of war is needed.
• Acceptance of public office or performing ministerial functions under the enemy is not treasonous unless it involves policy determination, discretion harmful to Filipinos, or is disadvantageous to them.
• Filipino citizens can commit treason outside the Philippines, but aliens must commit it within the Philippines.
• Only Filipino citizens or permanent resident aliens can be held liable.
• Giving aid or comfort is a material element that enhances the enemy's forces.
• Acts strengthening or weakening either side in a war are considered giving aid or comfort.
• Adherence and giving aid or comfort must concur.
• Adherence means intellectually or emotionally favoring the enemy and harboring disloyal convictions.
• Adherence can be proven by one witness, the nature of the act, or the circumstances.
• When adherence is converted into aid and comfort, it takes a material form, such as giving information or supplying war materials.
• Treason is a continuing crime, and offenders can be prosecuted even after the war.
• Irresistible force or uncontrollable fear can be used as a defense.
• Killings and other common crimes charged as overt acts of treason cannot be regarded as separate or complex crimes.
• Common crimes committed within the act of levying war or giving aid are inherent to treason, so complexing is not possible.
• In treason, the offender intends to deliver the government to the enemy, whereas in rebellion, the intent is to replace the government with their own.
• In treason, allegiance to the government is repudiated with force, whereas in sedition, policies are disagreed with, and public peace is disturbed without aiming to overthrow the government.

Conspiracy to Commit Treason (Article 115)

• Elements include being in a time of war, two or more persons agreeing to levy war or aid the enemy, and deciding to commit it. Proposal to Commit Treason
• Being in a time of war.
• A person decides to levy war or aid the enemy and proposes its execution to others
• Mere agreement and decisions to commit treason is punishable, even without acceptance, but acceptance turns it into conspiracy.
• Unlike treason, conspiracy/proposal to commit treason does not require two witnesses.

Misprision of Treason (Article 116)

• Elements:
• The offender owes allegiance to the government and is not a foreigner.
• Knowledge of a conspiracy to commit treason against the government exists.
• The offender conceals or does not disclose and make known the conspiracy as soon as possible to the governor/fiscal or mayor/fiscal where they reside.
• Misprision of treason can be committed only by citizens, not aliens.
• The offender is punished as an accessory to the crime of treason.
• Criminal liability arises if the treasonous activity is at the conspiratorial stage.
• A crime of omission that is committed with intent (dolo) instead of negligence (culpa).

Espionage (Article 117)

• Espionage is entering specific locations without authorization, to obtain confidential information relating to defense of the Philippines:
• Offender enters warship, fort, or naval/military establishments or reservation.
• Without authority.
• Intention to obtain confidential information.
• It can also be committed by disclosing said information to a foreign power

Commonwealth Act No. 616

• Unlawfully obtaining/disclosing national defense information
• Disloyal acts/words in times of peace/war
• Conspiracy to violate above sections
• Harbouring violators of law
• Photographing military information

Crimes Against the Law of Nations

• Offenders relating to these can be prosecuted anywhere because these actions are against humanity.
• Trials against the offenders of "national security" crimes occur in the Philippines.

Inciting to War or Giving Motives for Reprisals (Article 118)

• Elements
• Offender performs unlawful or unauthorised acts.
• The performed acts provoke/give reason for war which involves Philippines.
• OR exposes Filipino citizens to reprisals on their persons/Property

Violation of Neutrality (Article 119)

Elements

• There is a war that the Philipinnes aren't involved in.
• Competent authority issued a regulation enforcing neutrality.
• The offender contradicts this regulation
• Can occur with malicious intent (dolo) or negligence (culpa)

Correspondence with Hostile Country (Article 120)

Elements

• There is time of war which the Philippines is involved in.
• An offender makes correspondence with an enemy country led by enemy troops.
• Circumstances qualifying the offense:
• Notice/information is useful to the enmey.
• An offender is intending to aid the enemy.
• Ciphers negates the need for prohibition.

Flight to Enemy's Country (Article 121)

Elements

• It is a time of war involving the Philippines
• The offender (citizen/resident alien) must owe allegiance to the government.
• The offender attempts to flee or journey to enemy country.
• Competent authority prohibited it.

Piracy (Article 122)

• By attacking or seizing a vessel on high seas/Philippine waters
• Seizing entire/part vessel's cargp, equiptment, belongings on board
• the offending party aren't passengers or vessel crew

Hi-jacking Laws

Four situations governed by anti hi-jacking law:

• Usurping / seizing control of aircraft of Philippine registry while it is in flight.
• Usurping / seizing control of aircraft of foreign registry while within Philippine territory.
• Loading on board a public utility passenger aircraft in the Philippines a corrosive, explosive, poisonous
• Loading/shipping any flammable, corrosive, explosive, or poisonous substance to a cargo aircraft is not consistent to Air Transportation Office rules.

Crimes Against Fundamental Law of the State

• Under Title Two, the perpetrators are public officials, except when it comes " offending the religious" feelings as articulated in Article 133 where it applies to everyone.
• Private citizens may partake in the crime through association as a private entity conspiring with a public officer, or being an accessory or accomplice.

Arbitrary Detention

• According to Article 124.

Elements

• That the offending party is Public officer or employee, authorized duties to arrest /detain.
• That the offending party detains someone "Physical Constraint"'.
• That such Confine lacked legally justifiable grounds A person can be "Detained" when they re under watch & restrained from free will & movement.
• Valid Legal grounds for detention*
• Commission of crime.
• Mental Insanity/illness needed compulsory confinement.
• Escapade from custody.

An "Arbitrary Detention" offence can occur through clear recklessness/ Negligence

• (People vs. Misa)* . Periods of Detention penalized:
• Detention/exceedding for three days.
• Detention for more than three days but not more than 15 days.
• Detention for more than 15 days not more than 6 months.
• Detention surpassing 6 months.

"Continuous crime" isnt the same of" Continuing Crime/Activity" example Ramos vs Enrile Distinction between Arbitrary + Illegal Detention

1. Arbitrary Detention

• The offenders incharge are "Public office"
• The appointed officers has a responsibility authorize the party .2 .Illegal Detention.
• Here the Principal Offender acts of"Private capacity" for beyond scope/authorities. The offender, even if he is a public officer, does not include as his function the power to arrest and detain a person, unless he conspires with a public officer committing arbitrary detention Article 125

Delay in Delivery of Detained

• PERSONS*.Legal elements exist
• The offender is Public office'
• That is detained in legal grounds - He fails to facilitate such person of judgement.
• Fails-Deliver person +judgement Authorities with
• 12hrsLight sentences
• 18hrsCorrectional sentences
• 36hrsCapital punishment/severe sentences.

Delaying Release

ELEMENTS: a. That the offender is a public officer or employee b. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person C. 1 .he service of the notice of such order to the prisoner, or 2. the performance of such judicial or executive order for the release of the prisoner, or 3. the proceedings upon a petition for the release of such person

Article 127 Expulsion

• The perpetrators needs to be "Public Office" That he expels any person from the Philippines, or compels a person to change his residence That the offender is not authorized to do so by law

Violation of Dwelling Article

• Must be public Office Elements that has no jurisdiction to over rule enter dwelling
• without judge verdict

3acts

• entering any dwelling against the will of the owner thereof searching papers or other effects found therein without the previous consent of such owner refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same