Criminal Law II reviewer 1. Levying war against the government.
2. Adhering to the enemy by giving them aid or
Chapter 1
CRIMES AGAINST NATIONAL SECURITY
1. Treason (Art. 114)
2. Conspiracy and proposal to commit treason
(Art. 115)
3. Misprision of treason (Art. 116)
4. Espionage (Art. 117)
Article 114. TREASON
Any Filipino citizen who levies war against the PH or
adheres to her enemies, giving them aid or comfort
within the PH or elsewhere.
- Punishable by Reclusion Perpetua to Death, and
a fine not to exceed 100,000 pesos.
OR; an alien, residing the PH who commits acts of
treason as defined in the first paragraph.
- Punishable by Reclusion Temporal to Death,
and a fine not to exceed 100,000 pesos.
 No person shall be convicted of treason unless
on testimony of two witnesses at least to the
same overt act or confession of accused on
court.
 Indeterminate Sentence Law does not apply.
Treason defined:
- It is a breach of allegiance to a government,
committed by a person who owes allegiance to
it.
(allegiance is the obligation of fidelity and
obedience which the individuals owe to the
government under which they live or to their
sovereign, in return of the protection they
receive).
- It is a violation by a subject of his allegiance to
his sovereign or to the supreme authority of the
state.
Who can commit treason?
1. Filipino Citizen (Permanent allegiance).
2. Alien who temporarily reside in the PH
(Temporary allegiance).
Two modes of committing treason:
comfort.
Levying war:
1. There is actual assembling of men.
2. For purpose of executing a treasonable design
by force.
Notes to remember:
 Treason can only be committed in times of
WAR. (where there is peace, there are no
traitors)
 The declaration of war is not the reckoning
point, it is the actual hostilities that determines
the date of the commencement of war.
 The levying of war must be with intent to
overthrow the government, not merely a
particular state or a particular officer.
 If it is merely a civil uprising, w/out intention of
receiving help from external enemy, it is not
treason, it is rebellion (art. 35)
 Both the modes should be present to constitute
treason.
Adherence to enemy- intent to betray. It is when a
citizen intellectually or emotionally favors an enemy
and harbors sympathy or convictions disloyal to his
country’s policy or interest.
Aid or comfort- an act which strengthens or tends to
strengthen the enemy in conduct of war and an act
to weaken or tend to weaken the power of traitor’s
country.
- it must be given by some kind of action; deed or
physical activity, not merely a mental operation.
NOTE:
 Emotional or intellectual attachment or
sympathy to the enemy, without giving aid or
comfort is not treason.
 The act must constitute adherence to the
enemy.
 If the aid was for the benefit of an individual,
ex. Lending money to friend out of charity and
not traitorous. It is not treason, but if it is
enable him to buy arms and ammunition, it is
treason.
