TREASON

114

Filipino or alien
Below 4m RP
2 Witnessess same over act
Confession in open court

Alien RT below 4m

ELEMENTS
A filipino or resident alien
Theres a war, in times of war only
Against other country, not domestic conflict
Levies war or adheres by aid or comfort

A breach of allegiance owes to a gov even temporarily

Fidelity and obedience
Obedience to the laws of the gove where he resides

A filipino owes absolute permanent allegiance

Alien owes qualified and temporary allegiance only his permanent allegiance is for his own
country
Alien stays atleast 2yrs is a resident alien if below non resident

Congress shall be the ones to declare that theres a war- sole power

2 ways levying or adhering , depends if the congress will first declare war
levying-it does not need the declaration of the congress
adhering- first thing is declaration of war

LEVYING
Actual assembling of men purpose is treasonable design by force-to overthrow the govt of the
traitor- enough to CONVICT the offender successful or not
At least by a band or a group of 3 persons
Physical gathering more than 3
All those who perform and who are actually in the league are considered traitor

SIMILAR TO REBELLION PUBLIC UPRISING TO OVERTHROW THE GOVT

In TREASON with foreign enemy or helping an enemy country

ADHERING BY AID OR COMFORT

Adherence to enemy
Gives aid or comfort
Without levying not sufficient both adherence and levying be present
Aid or comfort strengthens the enemy or weakens own country
Overt act, physical deed, if successful will favor the enemy
After the aid or comfort was given crime is consummated

Common crimes with treason absorved as elements of treason

Ex X killed Y to support J Army constitutes murder in suppot of Japanese
Not separate crime one crime only-treason

Same with REBELLION in furtherance with the crime absorbed in the crime as elements

Can be committed outside the country, for being a filipino citien

Alien while in the country only-no longer a resident

A continuous offense-single offense-no multiple counts

PROVING TREASON
2 witnesses same overt act
Confession in open court not extrajudicial or affidavit
Cant be proved by circumstantial evidence

Defense 1. Duress or uncontrollable fear or 2. Lawful obedience to a de facto govt

Invalid defense: suspended allegiance and change of sovereignty will

CONSPIRACY TO COMMIT TREASON

Penalty- PMAY below 2m- mere conspiracy is a felony

PROPOSAL TO COMMIT TREASON

Penalty: PCORR below 1m-mere proposal is a felony

2 witness does not apply in 115 only in 114

MISPRISION OF TREASON
116

Having knowledge of conspiracy of treason

Offender owes allegiance a filipino

Has knowledge
Conceals the conspiracy, does not report it ASAP to the fiscal, gov, mayor where he resides

116 does not apply once treason is committed

Knowledge only-not punished if treason is committed but punished as an accessory to treason -
accessory to 114

But principal in misprion 116

ESPIONAGE
117

Penalt: PCOR

Enters wafonamilre
Obtain ippod
Related in the phil defense
Public officer possessed ippod- NEXT HIGHER PENALTY

2 ways

By entering without authority WA FO NA MI RE outside no ESPIONAGE

No authority to enter
To obtain IPPOD confidential contains phils defense
Intent is impt
Merely taking not enough,
Info must be the defense
Enough that purpose is to obtain IPPOD
Any person.

By disclosing the IPPOD he possessed by reason of his public position

Public officer possessed IPPOD and discloses this to a foreign rep
Must concur, possession only not enough
Must disclose the IPPOD
Official rep of a foreign nation, ex. ambasador

In times of war and in peace. Not like treason only war