TITLE ONE : CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

(Article 114 to Article 122)

ARTICLE 114 - TREASON

Treason is committed by any Filipino citizen or an alien residing in the Philippines who levies war against
the Philippine Government or adheres to her enemies by giving them aid and comfort.

ELEMENTS:

1. The offender is by birth, a Filipino Citizen or an alien residing in the Philippines.

2. That there is a war in which the Philippines is involved.

● In the case of Laura v. Misa, treason is a war time offense. It can be committed only in
times of war. In times of peace, Treason remains to be dormant crime, however, the
moment when emergency arises, the moment a war arises, it is immediately put into
effect as an act self-defense and self-preservation for the Philippine Government.
Treason cannot be committed in times of peace, because in times of peace, there are no
traitors.

3. That the offender either—

a) Levies war against the Philippine government, or
1. There must be an actual of assembly of men
2. It is for the purpose of executing or effecting a treasonable design by force.
b) Adheres to the enemies by giving them aid or comfort
It is manifested by his acts of giving aid or comfort to the enemy. That is why these
two must concur:
1. Adherence to the enemies;
2. Giving them aid or comfort

Levying of war means that the said offenders, Filipino citizens who are said to be in collaboration – they
connived and conspired with the enemy troops in order to hand over the Philippine Government to the
enemy troops. Absent of that collaboration, it cannot be considered as treason.

Adherence to the enemies — means that the Filipino citizen or the offender intentionally, intellectually
and emotionally favors the enemy. Therefore, adherence to the enemies is an internal state of mind, it is
mental state, you cannot see adherence to the enemies. Mere adherence to the enemies, without any
act of giving aid or comfort to the enemy will not bring along treason, it is the act of giving aid or
comfort which is the manifestation of the adherence to the enemies.

People v. Perez: The court said, "the act of commandeering women or giving women to the
enemy troops in times of war, to satisfy the lust of the enemy troops is not considered as a

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 treasonable act." Because according the Court, whatever benefit is given to the enemy is merely
trivial in nature, imperceptible and it was not the intent of the offender (unintentionally).

WAYS OF PROVING TREASON UNDER ARTICLE 114

a. TESTIMONY OF TWO WITNESSES, AT LEAST, TO THE SAME OVERT ACT, OTHERWISE KNOWN AS THE
"TWO-WITNESS RULE"

Therefore, treason cannot be proven by mere substantial evidence. There must be direct
evidence, a witness to this act of giving aid or comfort to the enemy.

b. CONFESSION OF THE OFFENDER OR THE ACCUSED MADE IN AN OPEN COURT

Confession of guilt must be made before a court. It must be judicial confession made in court.
Extrajudicial confession will not give rise to conviction in case of the crime of treason

Common crimes such as Murder, physical injuries, homicide, arson, if they are committed in furtherance
to, in connection with or incidentally to treason shall be absorbed in the crime of treason because they
are atrocities for war and therefore, they are considered as absorbed in the crime of treason. It cannot
even be complex, they are considered absorbed in the crime of treason

ARTICLE 115 – CONSPIRACY AND PROPOSAL TO COMMIT TREASON

Conspiracy to commit treason – meeting of two or more persons who come to an agreement to commit
treason and decide to commit it

Proposal to commit treason – a person has decided to commit treason and proposes its execution to
other person or persons.

¾ Separate and distinct from treason

¾ Two-witness rule does not apply

ARTICLE 116 – MISPRISION OF TREASON

Every person owing allegiance to the Government of the Philippine Islands, without being a foreigner,
and having knowledge of any conspiracy against them, conceals or does not disclose and make known
the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city
which he resides, as the case may be shall be punished as an accessory to the crime of treason.

MISPRISION OF TREASON can only be committed by a Filipino citizen who owes permanent allegiance to
the Philippine government. It cannot be committed by a foreigner residing in the Philippines.

ARTICLE 117 – ESPIONAGE

WAYS OF COMMITTING ESPIONAGE

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