Article 118. Inciting to war or giving motives for reprisals. - The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.


Elements:

(1) Offender performs unlawful or unauthorized acts
(2) The acts provoke or give occasion for

(a) A war involving or liable to involve the Philippines; or
(b) Exposure of Filipino citizens to reprisals on their persons or property


● The intention of the offender is immaterial. The law considers the effects produced by the acts of the accused. [Reyes, citing Viada]


Examples

● Without authorization, X raised troops within the Philippines for the service of Japan against China.

● Y publicly destroyed the flag or seal of a foreign state or publicly manifested his hostility to the head or ambassador of another state.