First Cases Crim 2

8/19/2019 First Cases Crim 2

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Laurel vs. Misa77 Phil. 856

FACTS: The accused was charged with treason. uring the !a"anese occu"ation# the accused adhered to theene$% &% giving the latter aid and co$'ort. (e clai$s that he cannot &e tried 'or treason since his allegiance tothe Phili""ines was sus"ended at that ti$e. Also# he clai$s that he cannot &e tried under a change o' sovereignt%over the countr% since his acts were against the Co$$onwealth which was re"laced alread% &% the )e"u&lic.

(*L: The accused was 'ound guilt%. A citi+en owes a&solute and "er$anent allegiance to his govern$ent orsovereign. ,o trans'er o' sovereignt% was $ade- hence# it is "resu$ed that the Phili""ine govern$ent still had the"ower. Moreover# sovereignt% cannot &e sus"ended- it is either su&sisting or eli$inated and re"laced. Sovereignt%"er se wasnt sus"ended- rather# it was the e/ercise o' sovereignt% that was sus"ended. Thus# there is nosus"ended allegiance. )egarding the change o' govern$ent# there is no such change since the sovereign 0 theFili"ino "eo"le 0 is still the sa$e. 1hat ha""ened was a $ere change o' na$e o' govern$ent# 'ro$Co$$onwealth to the )e"u&lic o' the Phili""ines.)e"u&lic o' the Phili""inesSUPREME COURTManila*, 2A,CG.R. No. L-409 January 30, 1947ANASTACIO LAUREL, "etitioner#vs.ERIERTO MISA, res"ondent.Claro M. Recto and Querube C. Makalintal for petitioner.First Assistant Solicitor General Reyes and Solicitor Hernandez, Jr., for respondent.

) * S 3 L 4 T 3 ,n .). ,o. L9# Anastacio aurel !s. "riberto Misa, etc., the Court# acting on the "etition 'or #abeascorpus 'iled &% Anastacio Laurel and &ased on a theor% that a Fili"ino citi+en who adhered to the ene$% giving thelatter aid and co$'ort during the !a"anese occu"ation cannot &e "rosecuted 'or the cri$e o' treason de'ined and"enali+ed &% article ;; o' the )evised Penal Code# 'or the reason


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e/clusivel% &ear relation to the ousted legiti$ate govern$ent# the% are ino"erative or not a""lica&le to thegovern$ent esta&lished &% the occu"ant- that the cri$es against national securit%# such as treason andes"ionage- inciting to war# corres"ondence with h ostile countr%# 'light to ene$%Ds countr%# as well as those against"u&lic order# such as re&ellion# sedition# and dislo%alt%# illegal "ossession o' 'irear$s# which are o' "oliticalco$"le/ion &ecause the% &ear relation to# and are "enali+ed &% our )evised Penal Code as cri$es against thelegiti$ate govern$ent# are also sus"ended or &eco$e ina""lica&le as against the occu"ant# &ecause the% cannot &e co$$itted against the latter uences 'or s$all and wea nations or states# and would &e re"ugnant to the laws o' hu$anit% andre>uire$ents o' "u&lic conscience# 'or it would allow invaders to legall% recruit or enlist the Guisling inha&itants o'

the occu"ied territor% to 'ight against their own govern$ent without the latter incurring the ris o' &eing "rosecuted'or treason# and even co$"el those who are not aid the$ in their $ilitar% o"eration against the resisting ene$%'orces in order to co$"letel% su&due and con>uer the whole nation# and thus de"rive the$ all o' their owninde"endence or sovereignt% H such theor% would sanction the action o' invaders in 'orcing the "eo"le o' a 'reeand sovereign countr% to &e a "art% in the ne'arious tas o' de"riving the$selves o' their own 'reedo$ andinde"endence and re"ressing the e/ercise &% the$ o' their own sovereignt%- in other words# to co$$it a "oliticalsuicide-


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uring the long "eriod o' !a"anese occu"ation# all the "olitical laws o' the Phili""ines were sus"ended. This is 'ullhar$on% with the generall% acce"ted "rinci"les o' the international law ado"ted &% our Constitutionui"$ent# or the "ersonal &elongings o' its co$"le$ent or "assengers# irres"ective o' the value thereo'# &%

$eans o' violence against or inti$idation o' "ersons or 'orce u"on things# co$$itted &% an% "erson# includ"assenger or $e$&er o' the co$"le$ent o' said vessel# in P hili""ine waters# shall &e considered as "iraco''enders shall &e considered as "irates and "unished as hereina'ter "rovided.e. (ighwa% )o&&er%J2rigandage. The sei+ure o' an% "erson 'or ranso$# e/tortion or other unlaw'ul "ur"osthe taing awa% o' the "ro"ert% o' another &% $eans o' violence against or inti$idation o' "erson or 'orce uthings o' other unlaw'ul $eans# co$$itted &% an% "erson on an% Phili""ine (ighwa%.

S&on 3. *enalties. An% "erson who co$$its "irac% or highwa% ro&&er%J&rigandage as herein de'ined# su"on conviction &% co$"etents court &e "unished &%:a. Pirac%. The "enalt% o' reclusion te$"oral in its $ediu$ and $a/i$u$ "eriods shall &e i$"osed. ' "h%sin@uries or other cri$es are co$$itted as a result or on the occasion thereo'# the "enalt% o' reclusion "er"eshall &e i$"osed. ' ra"e# $urder or ho$icide is co$$itted as a result or on the occasion o' "irac%# or whe

o''enders a&andoned the victi$s without $eans o' saving the$selves# or when the sei+ure is acco$"lishe'iring u"on or &oarding a vessel# the $andator% "enalt% o' death shall &e i$"osed.&. (ighwa% )o&&er%J2rigandage. The "enalt% o' reclusion te$"oral in its $ini$u$ "eriod shall &e i$"osed"h%sical in@uries or other cri$es are co$$itted during or on the occasion o' the co$$ission o' ro&&er% or&rigandage# the "enalt% o' reclusion te$"oral in its $ediu$ and $a/i$u$ "eriods shall &e i$"osed. ' id'or ranso$ or e/tortion# or $urder or ho$icide# or ra"e is co$$itted as a result or on the occasion thereo'#"enalt% o' death shall &e i$"osed.

S&on 4. Aidin+ pirates or #i+#ay robbers-bri+ands or abettin+ piracy or #i+#ay robbery-bri+anda+e. A"erson who nowingl% and in an% $anner aids or "rotects "irates or highwa% ro&&ersJ&rigands# such as givthe$ in'or$ation a&out the $ove$ent o' "olice or other "eace o''icers o' the govern$ent# or ac>uires or re"ro"ert% taen &% such "irates or &rigands or in an% $anner derives an% &ene'it there'ro$- or an% "erson wdirectl% or indirectl% a&ets the co$$ission o' "irac% or highwa% ro&&er% or &rigandage# shall &e consideredacco$"lice o' the "rinci"al o''enders and &e "unished in accordance with the )ules "rescri&ed &% the )evPenal Code.

t shall &e "resu$ed that an% "erson who does an% o' the acts "rovided in this Section has "er'or$ed nowunless the contrar% is "roven.S&on ". Repealin+ Clause. Pertinent "ortions o' Act ,o. B8;5# otherwise nown as the )evised Penal Cand all laws# decrees# or orders or instructions# or "arts thereo'# inso'ar as the% are inconsistent with this are here&% re"ealed or $odi'ied accordingl%.

S&on /. "ffecti!ity. This ecree shall tae e''ect u"on a""roval.one in the Cit% o' Manila# this 8th da% o' August# in the %ear o' 3ur Lord# nineteen hundred and sevent%'o

REPULIC ACT No. /#3"AN ACT PRO)IITING CERTAIN ACTS INIMICAL TO CIIL AIATION, AN! +OR OT)ER PURPOSESS&on 1. t shall &e unlaw'ul 'or an% "erson to co$"el a change in the course or destination o' an aircra'Phili""ine registr%# or to sei+e or usur" the control thereo'# while it is in 'light. An aircra't is in 'light 'ro$ the$o$ent all its e/ternal doors are closed 'ollowing e$&aration until an% o' such doors is o"ened 'ordise$&aration.

t shall liewise &e unlaw'ul 'or an% "erson to co$"el an aircra't o' 'oreign registr% to land in Phili""ine terrto sei+e or usur" the control thereo' while it is within the said territor%.S&on #. An% "erson violating an% "rovision o' the 'oregoing section shall &e "unished &% an i$"rison$enot less than twelve %ears &ut not $ore than twent% %ears# or &% a 'ine o' not less than twent% thousand "enot $ore than 'ort% thousand "esos.


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The "enalt% o' i$"rison$ent o' 'i'teen %ears to death# or a 'ine o' not less than twent%'ive thousand "esos &ut not$ore than 'i't% thousand "esos shall &e i$"osed u"on an% "erson co$$itting such violation under an% o' the'ollowing circu$stances:;. 1henever he has 'ired u"on the "ilot# $e$&er o' the crew or "assenger o' the aircra't-?. 1henever he has e/"loded or atte$"ted to e/"lode an% &o$& or e/"losive to destro% the aircra't- orB. 1henever the cri$e is acco$"anied &% $urder# ho$icide# serious "h%sical in@uries or ra"e.

S&on 3. t shall &e unlaw'ul 'or an% "erson# natural or @uridical# to shi"# load or carr% in an% "assenger aircra'to"erating as a "u&lic utilit% within the Phili""ines# and e/"losive# 'la$$a&le# corrosive or "oisonous su&stance or$aterial.S&on 4. The shi""ing# loading or carr%ing o' an% su&stance or $aterial $entioned in the "receding section inan% cargo aircra't o"erating as a "u&lic utilit% within the Phili""ines shall &e in accordance with regulations issued

&% the Civil Aeronautics Ad$inistration.S&on ". As used in this Act


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seas# without law'ul authorit% and done ani$o 'urandi# and in the s"irit and intention o' universal hostilit%.O Pirates are in law hostes hu$ani generis.O Pirac% is a cri$e not against an% "articular state &ut against all $anind. t $a% &e "unished in the co$"etenttri&unal o' an% countr% where the o''ender $a% &e 'ound or into which he $a% &e carried. The @urisdiction o' "irac%unlie all other cri$es has no territorial li$its.O As it is against all so $a% it &e "unished &% all. ,or does it $atter that the cri$e was co$$itted within the

@urisdictional B$ile li$it o' a 'oreign state# 'or those li$its# though neutral to war# are not neutral to cri$es.

SS4*: 1J, the "rovisions o' the Penal Code dealing with the cri$e o' "irac% are still in 'orce.

(*L: n accordance with "rovisions o' Act ,o. ?7?6# the de'endant and a""ellant Lollo# who is 'ound guilt% o'

the cri$e o' "irac% and is sentenced there'or to &e hung until dead.

*S.

¬ Penal code dealing with the cri$e o' "irac%# nota&l% articles ;5B and ;5# to &e still in 'orce in the Phili""ines.

¬ The cri$e o' "irac% was acco$"anied &%


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laws su&sisting at the ti$e o' trans'er# designed to secure good order and "eace in the co$$unit%# which arestrictl% o' a $unici"al character# continue until &% direct action o' the new govern$ent the% are altered or re"ealed.

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