Treason, defined.

Treason is a breach of allegiance to a government, committed by a

person who owes allegiance to it. (63 C.J. 814)

Nature of the crime.

Treason, in its general sense, is the violation by a subject of his

allegiance to his sovereign or to the supreme authority of the State. (U.S.

vs. Abad, 1 Phil. 437)

The offender in treason is either a Filipino citizen or a resident

alien.

Under the first paragraph of Art. 114, the offender in treason must

be a Filipino citizen, as he should not be a foreigner. Before Art. 114 was

amended by Executive Order No. 44, it was not possible under the Revised

Penal Code to punish for treason, resident aliens who aided the enemies.

Now, as amended, the Revised Penal Code punishes a resident alien who

commits treason. (People vs. Marcaida, 79 Phil. 283)

How to prove that the offender is a Filipino citizen.

When the accused is allegedly a Filipino, his being a Filipino citizen

may be proved by his prison record which sets out his personal circumstances

properly identified as having been filled out with data supplied by the

accused himself. (People vs. Martin, 86 Phil. 204; People vs. Morales, 91

Phil. 445)

The citizenship of the accused may also be proved by the testimony

of witnesses who know him to have been born in the Philippines of Filipino

parents. (People vs. Flavier, 89 Phil. 15)

Law on treason is of Anglo-American origin.

The Philippines Law on treason is of Anglo-American origin and so we

have to look for guidance from American sources on its meaning and scope.

(People vs. Adriano, 78 Phil. 566)

Allegiance defined.

The first element of treason is that the offender owes allegiance to the

Government of the Philippines.

By the term "allegiance" is meant the obligation of fidelity and

obedience which the individuals owe to the government under which they

live or to their sovereign, in return for the protection they receive. (52 Am.

Jurisdiction

2.1 Over the parties

2.1.1. How jurisdiction over the plaintiff is acquired

2.1.2. How jurisdiction over the defendant is acquired

2.2 Over the subject matter

2.2 1. Meaning of jurisdiction over the subject matter

2.2 2. Jurisdiction versus the exercise of jurisdiction

2.2 3. Error of jurisdiction as distinguished from error of judgment

Q (2012): Distinguish error of jurisdiction from error of judgment. (5%)

SUGGESTED ANSWER:

An error of judgment is one which the court may commit in the exercise of

its jurisdiction. Such an error does not deprive the court of jurisdiction and is

correctible only by appeal; whereas an error of jurisdiction is one which the court

acts without or in excess of its jurisdiction. Such an error renders an order or

judgment void or voidable and is correctible by the special civil action of

certiorari. (Dela Cruz vs. Moir, 36 Phil, 213; Cochingyan vs. Claribel, 76 SCRA

361; Fortich vs. Corona, April 24, 1998, 289 SCRA 624; Artistica Ceramica, Inc.

vs. Ciudad Del Carmen Homeowner's Association, Inc., G.R. Nos. 167583-84,

June 16, 2010).

2.2 4. How jurisdiction is conferred and determined

2.2 5. Doctrine of primary jurisdiction

2.2 6. Doctrine of adherence of jurisdiction

2.2 7. Objections to jurisdiction over the subject matter

2.2 8. Effect of estoppel on objections to jurisdiction

2.3. Over the issues

2.4 Over the res orproperty in litigation

2.5. Jurisdiction of courts

2.5.1. Supreme Court

2.5.2. Court of Appeals

2.5.3. Court of Tax Appeals

2.5.4. Sandiganbayan

Q(2012): A criminal case should be instituted and tried in the place where the

offense or any of the essential elements took place, except in:

a) Estafa cases;

b) Complex crimes;

c) Cases cognizable by the Sandiganbayan;

REMEDIAL LAW

1. General Principles

1.1. Concept of remedial law

1.2. Substantive law vis-a-visremedial law

1.3. Rule-making power of the Supreme Court

1.3.1 Limitations on the rule-making power of the Supreme Court

1.3.2. Power of the Supreme Court to amend and suspend procedural rules

1.4. Nature of Philippine courts

1.4.1. Meaning of a court

1.4.2. Court as distinguished from a judge

1.4.3. Classification of Philippine courts

1.4.4. Courts of original and appellate jurisdiction

1.4.5. Courts of general and special jurisdiction

1.4.6. Constitutional and statutory courts

1.4.7. Courts of law and equity

1.4.8. Principle of judicial hierarchy

Q (2012): A wants to file a Petition for Writ of Habeas Data against the AFP in

connection with threats to his life allegedly made by AFP intelligence officers. A

needs copies of AFP highly classified intelligence reports collected by Sgt.

Santos who is from AFP. A can file his petition with:

a) RTC where AFP is located;

b) RTC where Sgt. Santos resides;

c) Supreme Court;

d) Court of Appeals.

SUGGESTED ANSWER:

d) In accordance with the principle of judicial hierarchy of the courts, A

should file the petition with the Court of Appeals.

ALTERNATIVE ANSWERS:

b) RTC where Sgt. Santos resides

c) Supreme Court

The petition may be filed with the Regional Trial Court where the

petitioner or respondent resides, or that which has jurisdiction over the place

where the data or information is gathered, collected or stored, at the option of the

petitioner. The petition may also be filed with the Supreme Court or the Court of

Appeals or the Sandiganbayan when the action concerns public data files of

government offices. (Sec. 3, A. M. No. 08-1-16-SC, The Rule on the Writ of

Habeas Data, January 22, 2008).

1.4.9. Doctrine of non-interference or doctrine of judicial stability