Flight To Enemy's Country


ART. 121.

ELEMENTS:
1. There’s a war and Philippines is involved;
2. Offender owes allegiance to the government;
3. Offender attempts to flee or go to enemy country; and
4. Going to enemy country is prohibited by competent authority.

PERSONS LIABLE:
1. Filipino citizen
2. Alien residing in the Philippines

NOTES:

Mere attempt consummates the crime.

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.

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