for the purpose of executing a

treasonable design by force.

TITLE I - Crimes against National
Security and the Law of Nations

Chapter One (“Crimes against National

Security”)
ARTICLE 114. Treason- Any Filipino
citizen who levies war against the
Philippines or adheres to her
enemies, giving aid or comfort within
the Philippines or elsewhere, shall be
punished by RECLUSION PERPETUA
(RP) to death and shall pay a fine not
to exceed 100,000 pesos.
Note: No person shall be convicted of
treason unless on the testimony of two
(2) witnesses at least to the same overt
act or on confession of the accused in
open court. Likewise, an alien, residing
in the Philippines, who commits acts of
treason as defined in paragraph 1 of this
article shall be punished by
RECLUSION TEMPORAL (RT) to death
and shall pay a fine not to exceed
100,000 pesos. (As amended by Sec. 2,
R.A No. 7659, which took effect on 31
December 1993).
Elements of treason:
1.) That the offender is a Filipino
citizen or an alien “residing” in the
Philippines;
2.) That there is a WAR in which the
Philippines is involved;
3.) That the offender either －
a. Levies war against the
Government, or
b. Adheres to the enemies,
giving them aid or comfort.
DEFINITION:
✧TREASON – is a breach of allegiance
to a government, committed by a person
who owes allegiance to it.
✧ADHERENCE TO THE ENEMY －
means intent to betray. There is
adherence to the enemy when a citizen
intellectually or emotionally favors the
enemy and harbors sympathies or
convictions disloyal to his country’s
policy or interest.
✧AID OR COMFORT － means an act
which strengthens or tends to
strengthen the enemy in the conduct of
war against the traitor’s country to resist
or to attack the enemy.
Note: The aid or comfort must be given
to the enemy by some kind of ACTION.
“It must be a deed or physical activity,
not merely a mental operation. It must
be an act that has passed from the
realm of thought into the realm of
action.”
NATURE OF THE CRIME:
-is the violation by a subject of his
allegiance to his sovereign or to the
supreme authority of the State.
TWO (2) TYPES OF ALLEGIANCE:
1. PERMANENT ALLEGIANCE
- Consists in the obligation of
fidelity and obedience which a
citizen or subject owes to his
government or sovereign.
2. TEMPORARY ALLEGIANCE
- Is the obligation of fidelity and
obedience which a resident
alien owes to our government.

✧ALLEGIANCE －is the obligation of

fidelity and obedience which the
individuals owe to the government under
which they live or to their sovereign, in
returen for the protection they receive.

✧LEVIES WAR －requires the

concurrence of two things: (1) that there
be an actual assembling of men; and (2)