Article 121. Flight to enemy country. - The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.


Elements:

(1) There is a war in which the Philippines is involved;

(2) Offender must be owing allegiance to the government;

(3) Offender attempts to flee or go to enemy country; 

(4) Going to the enemy country is prohibited by competent authority.


● An alien resident may be guilty of this crime. The law does not say “not being a foreigner.” Hence, the allegiance contemplated in this article is either natural or temporary allegiance. (Reyes)

● Mere attempt to flee or go to enemy country consummates the crime.