Compiled Case Digests.
Compiled Case Digests.
Compiled Case Digests.
Facts: Perez furnished women for immoral purposes to the enemies. He was convicted of treason.
Rulings: No. The law of treason does not proscribe all kinds of social, business, political intercourse
between the belligerent occupants of the invaded country and its inhabitants. What aid and comfort
constitute treason must depend upon their nature, degree, and purpose. As a rule, to be treasonous the
extent of the aid and comfort given to the enemies must be to render assistance to them as enemies and
not merely as individuals, and, in addition, be directly in furtherance of the enemies' hostile designs.
Sexual and social relations with the Japanese did not directly and materially tend to improve their war
efforts or to weaken the power of the United States.
Facts: Appellants were convicted of the crime of conspiracy to overthrow, put down, and destroy by force
the Government of the United States in the Philippine Islands and the Government of the Philippine
Islands, as defined and penalized in Section 4 of Act No. 292 of the Philippine Commission. Counsel for
appellants contend that the constitutional provision requiring the testimony of at least two witnesses to the
same overt act, or confession in open court, to support a conviction for the crime of treason should be
applied in this case.
Issue:Is the contention of the appellant correct?
Decision: No. In consonance with the decisions of the Federal courts of the United States, the crime of
conspiring to commit treason is a separate and distinct offense from the crime of treason, and this
constitutional provision is not applicable in such cases.
(b) Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or
obtains, or attempts, or induces or aids another to copy, take, make, or obtain, any sketch, photograph,
photographic negative, blue print, plan, map, model, instrument, appliance, document, writing, or note of
anything connected with the national defense; or
(c) Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts or induces or aids
another to receive or obtain from any person, or from any source whatever, any document, writing, code
book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument,
appliance, or note of anything connected with the national defense, knowing or having reason to believe,
at the time he receives or obtains, or agrees or attempts or induces or aids another to receive or obtain it,
that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions
of this Act; or
(d) Whoever, lawfully or unlawfully having possession of, access to, control over, or being intrusted with
any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print,
plan, map, model, instrument, appliance, or note relating to the national defense, wilfully communicates
or transmits or attempts to communicate or transmit the same to any person not entitled to receive it, or
wilfully retains the same and fails to deliver it on demand to the officer or employee of the Philippines or
of the United States entitled to receive it; or
(e) Whoever, being intrusted with or having lawful possession or control of any document, writing, code
book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note or
information, relating to the national defense, through gross negligence permits the same to be removed
from its proper place of custody or delivered to anyone in violation of this trust or to be lost, stolen,
abstracted, or destroyed, shall be punished by imprisonment for not more than ten years and may, in
addition thereto, be fined not more than ten thousand pesos.
SECTION 2. Unlawful disclosing information affecting national defense. — (a) Whoever, with the intent
or reason to believe that it is to be used to the injury of the Philippines or of the United States or to the
advantage of a foreign nation, communicates, delivers, or transmits, or attempts to, or aids or induces
another to, communicate, deliver, or transmit to any foreign government, or any faction or party or
military or naval force within a foreign country, whether recognized or unrecognized by the Philippines
or by the United States, or to any representative, officer, agent, employee, subject, or citizen thereof,
either directly or indirectly, any document, writing, code book, signal book, sketch, photograph,
photographic negative, blue print, plan, map, model, instrument, appliance, or information relating to the
national defense, shall be punished by imprisonment for not more than twenty years, if the offense is
committed in time of peace, or by death or imprisonment for not more than thirty years, if it is in time of
war.
(b) Whoever, in time of war with intent that the same shall be communicated to the enemy, shall collect,
record, publish, or communicate, or attempt to elicit any information with respect to the movement,
number, description, condition, or disposition of any of the armed forces, ships, aircraft, or war materials
of the Philippines or of the United States, or with respect to the plans or conduct, or supposed plans or
conduct of any military, naval, or air operations, or with respect to any works or measures undertaken for
or connected with, or intended for the fortification or defense of any place, or any other information
relating to the public defense which might be useful to the enemy, shall be punished by death or by
imprisonment for not more than thirty years.
SECTION 3. Disloyal acts or works in time of peace. — It shall be unlawful for any person, with intent to
interfere with, impair, or influence the loyalty, morale, or discipline of the military, naval, or air forces of
the Philippines or of the United States: (a) to advise, counsel, urge, or in any manner cause
insubordination, disloyalty, mutiny, or refusal of duty by any member of the military, naval, or air forces
of the Philippines or of the United States; or (b) to distribute any written or printed matter which advises,
counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military,
naval, or air forces of the Philippines or of the United States. The violation of this section shall be
punished by imprisonment for not more than ten years, or by fine not more than ten thousand pesos, or
both.
SECTION 4. Disloyal acts or words in time of war. — Whoever, when the Philippines or the United
States is at war, shall wilfully make or convey false reports or false statements with the intent to interfere
with the operation or success of the military, naval, or air forces of the Philippines or of the United States
or to promote the success of its enemies shall wilfully cause or attempt to cause insubordination,
disloyalty, mutiny, or refusal of duty, in the military, naval, or air forces of the Philippines or the United
States, or shall wilfully obstruct the recruiting or enlistment service of the Philippines or of the United
States, to the injury of the service of the Philippines or of the United States, shall be punished by
imprisonment for not more than twenty years, or by a fine of not more than twenty thousand pesos, or
both.
SECTION 5. Conspiracy to violate preceding sections. — If two or more persons conspire to violate the
provisions of sections one, two, three, or four of this Act, and one or more of such persons does any act to
effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in said
sections provided in the case of the doing of the act the accomplishment of which is the object of such
conspiracy.
SECTION 6. Harboring or concealing violators of the law. — Whoever harbors or conceals any person
who he knows, or has reasonable ground to believe or suspect, has committed, or is about to commit, an
offense under this Act, shall be punished by imprisonment of not more than ten years and may, in
addition thereto, be fined not more than ten thousand pesos.
SECTION 9. Photographing, etc., from aircraft. — Any person who uses or permits or procures the use of
an aircraft for the purpose of making a photograph, sketch, picture, drawing, map, or graphical
representation of vital military, naval or air installations or equipment, in violation of section eight of this
Act, shall be liable to the penalty therein provided.
SECTION 10. Reproducing, publishing, selling, etc., uncensored copies. — After the President of the
Philippines shall have defined any vital military, naval, or air installation or equipment as being within
the category contemplated under section eight of this Act, it shall be unlawful for any person to
reproduce, publish, sell, or give away any photograph, sketch, picture, drawing, map or graphical
representation of the vital military, naval, or air installations or equipment so defined, without first
obtaining permission of the commanding officer of the military, naval, or air post, camp, or station
concerned, or higher authority, unless such photograph, sketch, picture, drawing, map, or graphical
representation has clearly indicated thereon that it has been censored by the proper military, naval, or air
authority. Any person found guilty of a violation of this section shall be punished as provided in section
eight of this Act.
SECTION 11. Destroying or injuring or attempting to injure or destroy war material in time of war. —
When the Philippines or the United States is at war, whoever, with intent to injure, interfere with, or
obstruct the Philippines or the United States or any associate nation in preparing for or carrying on the
war, or whoever, with reason to believe that his act may injure, interfere with, or obstruct the Philippines
or the United States or any associate nation in preparing for or carrying on the war, shall wilfully injure or
destroy, or shall attempt to so injure or destroy, any war material, war premises, or war utilities, as herein
defined, shall be imprisoned not more than thirty years or be fined not more than thirty thousand pesos, or
both.
SECTION 12. Making or causing war material to be made in defective manner. — When the Philippines
or the United States is at war, whoever, with intent to injure, interfere with, or obstruct the Philippines or
the United States or any associate nation in preparing for or carrying on the war, or whoever, with reason
to believe that his act may injure, interfere with, or obstruct the Philippines or the United States or any
associate nation in preparing for or carrying on the war, shall wilfully make or cause to be made in a
defective manner, or attempt to make or cause to be made in a defective manner, any war material, as
herein defined, or any tool, implement, machine, utensil, or receptacle used or employed in making,
producing, manufacturing, or repairing any such war material, as herein defined, shall be imprisoned not
more than thirty years or be fined not more than thirty thousand pesos, or both.
SECTION 13. Injuring or destroying national defense material, premises, or utilities. — Whoever, with
intent to injure, interfere with, or obstruct the national defense of the Philippines or the United States shall
wilfully injure or destroy, or shall attempt to so injure or destroy, any national defense material, national
defense premises, or national defense utilities, as herein provided, shall be imprisoned not more than ten
years or be fined not more than ten thousand pesos, or both.
SECTION 14. Making or causing to be made in a defective manner, or attempting to make or cause to be
made in a defective manner, national defense material. — Whoever, with intent to injure, interfere with,
or obstruct the national defense of the Philippines or of the United States, shall wilfully make or cause to
be made in a defective manner, or attempt to make or cause to be made in a defective manner, any
national defense material, as herein defined, or any tool, implement, machine, utensil, or receptacle used
or employed in making, producing, manufacturing, or repairing any such national defense material, as
herein defined, shall be imprisoned not more than ten years, or fined not more than ten thousand pesos, or
both.
SECTION 15. Definition of terms. — The term “aircraft” as used in this Act means any contrivance
known or hereafter invented, used, or designed for navigation or flight in the air. The expression “post,
camp, or station” as used in this Act shall be interpreted to include naval vessels, military and naval
aircraft, and any separate military, naval or air command.
The words “war or national defense material” as used herein shall include arms, armament, ammunition,
livestock, stores of clothing, food, foodstuffs, or fuel; and shall also include supplies, munitions, and all
other articles of whatever description, and any part or ingredient thereof, intended for, adapted to, or
suitable for the use of the Philippines or the United States, or any associate nation, in connection with the
conduct of war or national defense.
The words “war or national defense premises,” as used herein, shall include all buildings, grounds, mines,
or other places wherein such war or national defense material is being produced, manufactured, repaired,
stored, mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and
appliances therein contained; and all ports, arsenals, navy yards, prisons, camps, or other military, naval,
or air stations of the Philippines or the United States or any associate nation.
The words “war or national defense utilities,” as used herein, shall include all railroads, railways, electric
lines, roads of whatever description, railroad or railway fixture, canal, lock, dam, wharf, pier, dock,
bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle, boat, or aircraft, or any
other means of transportation whatsoever, whereon or whereby such war or national defense material or
any troops of the Philippines or of the United States, or of any associate nation, are being or may be
transported either within the limits of the Philippines or the United States or upon the high seas; and all
dams, reservoirs, aqueducts, water and gas mains, oil or gasoline stations, pipes, structures, and buildings,
whereby or in connection with which water, or gas, or oil, or gasoline, or other fluid is being furnished, or
may be furnished, to any war or national defense premises or to the military, naval, or air forces of the
Philippines or the United States, or any associate nation, and all electric light and power, steam or
pneumatic power, telephone, and telegraph plants, poles, wires, and fixtures and wireless stations, and the
buildings connected with the maintenance and operation thereof used to supply water, light, heat, gas, oil,
gasoline, fluid, power, or facilities of communication to any war or national defense premises or to the
military, naval, or air forces of the Philippines or of the United States, or any associate nation.
The words “associate nation,” as used in this chapter, shall be deemed to mean any nation at war with any
nation with which the Philippines or the United States is at war.
The words “foreign government,” as used in this Act, shall be deemed to include any government,
faction, or body of insurgents within a country with which the Philippines or United States is at peace,
which government, faction, or body of insurgents may or may not have been recognized by the
Philippines or the United States as a government.
SECTION 16. This Act shall take effect upon its approval.
Facts: The petitioner avers he is a Chinese citizen apprehended in February, 1945, by the Counter
Intelligence Corps of the United States Army, turned over last September, to the Commonwealth
Government, and since then detained by the respondent as a political prisoner. Such detention, he
claims, is illegal, because he has not been charged before, nor convicted by, the judge of a competent
court, and because he may not be confined under Act No. 682, as he owes allegiance neither to the
United States nor to the Commonwealth of the Philippines.
Decision: No. Petitioner’s foreign status does not exclude him ipso facto from the scope of
Commonwealth Act No. 682. As stated by the Solicitor-General, he might be prosecuted for espionage, a
crime not conditioned by the citizenship of the offender, and considered as an offense against national
security.
Facts: Lol-lo and Saraw were charged with the crime of piracy. They demurred that based on the grounds
that the offense charged was not within the jurisdiction of the Court of First Instance, nor of any court of
the Philippine Islands.
Decision: No. It cannot be contended with any degree of force as was done in the lower court and as is
again done in this court, that the Court of First Instance was without jurisdiction of the case. Piracy is a
crime not against any particular state but against all mankind. It may be punished in the competent
tribunal of any country where the offender may be found or into which he may be carried. The jurisdiction
of piracy unlike all other crimes has no territorial limits. As it is against all so may it be punished by all. Nor
does it matter that the crime was committed within the jurisdictional 3-mile limit of a foreign state, for
those limits, though neutral to war, are not neutral to crimes.
WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still
committing acts of depredations upon the persons and properties of innocent and
defenseless inhabitants who travel from one place to another, thereby distributing the peace,
order and tranquility of the nation and stunting the economic and social progress of the
people;
WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such
acts of depredations by imposing heavy penalty on the offenders, with the end in view of
eliminating all obstacles to the economic, social, educational and community progress of the
people;
Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery
Law of 1974.
Section 2. Definition of Terms. The following terms shall mean and be understood, as
follows:
a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas,
gulfs, bays around, between and connecting each of the Islands of the Philippine
Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the
insular shelves, and other submarine areas over which the Philippines has sovereignty or
jurisdiction.
b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one
place to another through Philippine Waters. It shall include all kinds and types of vessels or
boats used in fishing.
c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or
other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles,
or locomotives or trains for the movement or circulation of persons or transportation of
goods, articles, or property or both.
d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part
thereof or its cargo, equipment, or the personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against or intimidation of persons or
force upon things, committed by any person, including a passenger or member of the
complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders
shall be considered as pirates and punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another by means of violence
against or intimidation of person or force upon things of other unlawful means, committed by
any person on any Philippine Highway.
It shall be presumed that any person who does any of the acts provided in this Section has
performed knowingly, unless the contrary is proven.
Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the
Revised Penal Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar
as they are inconsistent with this Decree are hereby repealed or modified accordingly.
Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred
and seventy-four.
Facts:Appellants were found guilty of the crime of qualified piracy with triple murder and frustrated
murder. They contend that the lower court erred in finding that their guilt has been proved beyond
reasonable doubt.
Decision: No. As can be seen from the lone assignment of error, the issue is the credibility of witnesses.
The trial court which had the opportunity of observing the demeanor of the witnesses and how they
testified assigned credibility to the former and an examination of the record does not reveal any fact or
circumstance of weight and influence which was overlooked or the significance of which was
misinterpreted as would justify a reversal of the trial court's determination. Additionally, the claims of the
appellants are not convincing.