Crime

Art. 114:
Treason

Elements

1. Offender is a Filipino
citizen or an alien
residing in
the
Philippines
2. There is war in which
the
Philippines
is
involved
3. Offender either:
a.

levies war against

the government;

a1.that
an actual
of men

there
be
assembling

a2.for the purpose of

executing a treasonable
design by force
b.

or adheres to the
enemies AND giving
them aid or comfort

Treason
branch of allegiance to a
government,
committed
by a person who owes
allegiance to it
Allegiance
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;
either
permanent
or
temporary
Adherence to Enemy
intent to betray; when a
citizen
intellectually
or
emotionally
favors
the
enemy
and
harbors
sympathies or convictions
disloyal to his countrys
policy or interests
Aid or Comfort
an act which strengthens
or tends to strengthen the
enemy in the conduct
of war against the traitors
country and an act which
weakens
or
tends
to
weaken the power of the
traitors country to resist
or to attack the enemy

Penalty

Points to Remember

Filipino Citizen RP to 1.
death and a fine not to
exceed P100,000
Alien RT to death and
a fine not to exceed
P100,000
No complex crime of
treason with murder,
physical injuries(PP vs
Robles, killing is part
and parcel of treason.
An
overt
act
that
supplied
a
vital
ingredient of treason)
however if the crime
committed
is
totally
independent of being a
traitor,
he
can
be
charged for the private
crime
committed
separately (Carillo).

Tre a so n c an n ot
be committed in
t i m e o f peace
(can only be committed during wartime;
however according to Sir Carillo it can be
committed during peacetime but they
cannot be charged for treason bec it is
committed before the war actually broke
out) there can be no traitors at peacetime,
persons committing treason at peacetime
be traitors when war actually broke out

2.

The highest of crimes known to law (Carillo)

3.

It involves external wars NOT INTERNAL

wars (MILF, NPA). Involves in internal war
may be charged with rebellion.

4.

In treason by levying war, it is not

necessary that there be a formal declaration
of the existence of a state of war

5.

The war must be directed against

government

Aggravating
Circumstances: cruelty, 6.
ignominy (not part and
parcel of the crime of
treason
and
not
a
separate offense but an 7.
aggravating
circumstance)
Art. 64 not strictly
8.
applied to treason
Gravity
of seriousness
of acts of treason are
considered
9.

the

The purpose of levying war is to deliver the

country in whole or in part to the enemy;
must be in collaboration with foreign enemy
The aid or comfort given to the enemies
must be after the declaration of war; the
enemies must be the
subject of foreign
power
The giving of aid or comfort must be actual
or physical. Render assistance to them as
enemies and not merely as an individuals
and directly in furtherance of the enemies
hostile design (Carillo).
No treason thru negligence

10. W h e n c o m m o n c r i m e s a r e c h a r g e d
a s o v e r t acts of treason, they cannot be
regarded as separate crimes or as
complexed by treason.
11. Treason by Filipino citizen may
committed outside the Philippines

be

12. T re a s o n i s a c o n t i n u o u s o f f e n s e
13. Treason
cannot
be proved by
circumstantial
evidence or extrajudicial confessi
o n o f accused
14. Two witness rule is severely restrictive
15. Sufficient that witnesses are uniform in their
testimony on the overt act; it is not
necessary that there be corroboration

Crime

Elements

Penalty

Ways
of
Treason:

Proving

1. Testimony

of 2
least,
overt

witnesses, at
to the same
act; or

between them on the point they testified

16. Adherence may be proved by one witness,

or from the nature of the act itself, or from
the circumstances surrounding the act

(the testimony need not be

identical but it must be of
the same act.)

17. Defense
of
suspended
allegiance and
change of sovereignty is not accepted

(both must be credible)

2. Confession of
accused in
court

Points to Remember

18. Defense of obedience to de facto

Government is acceptable (ex. being a
member of police force or being appointed
as a mayor bec. Even if no war, there should
one be appointed to administer the city).

the
open

19. Defense of duress or uncontrollable fear is

acceptable
20. Examples of treason (furnishing of arms,
troops, supplies, information and other
directly related in acts of war)
21. Examples of acts not constituting treason
(accepting public office or discharge of
public function EXCEPTION if it is policy
determining)
115
Conspiracy
and
Proposal
to Commit
Treason

116
Misprision
of Treason

Conspiracy
to Commit Treason

PM and a fine not

exceedingP10,000

1.

The two witness rule does NOT apply to this

article (Pp vs Bautista)

Proposal to Commit
Treason

PC and a fine not

exceedingP5,000

2.

Exception to the general rule that

conspiracy and proposal are not punishable

3.

The fact that someone conspire or propose

for conspiracy is punishable

4.

Someone
cannot
be
liable
conspired/proposed treason is
committed for they will be liable of
The conspiracy and proposal will
part of treason

5.

If the proposal is not accepted, punish the

proponent.
If treason does not actually
took part, punish the conspirator

1. Offender
must
be
owing allegiance to
the government and
not a foreigner
2. He has knowledge of
any
conspiracy
to
commit
treason
against the government
3. He conceals or does
not
disclose
and
make
known
th e

Accessory to the crime 1.

of treason
2.

if
the
actually
treason.
become

Conspiracy is one to commit treason

Article 116 is an exception to the rule that
mere silence does not make a person
criminally liable

Crime

Elements

Penalty

Points to Remember

same
as
soon
as
possible to governor or
fiscal of province or the
mayor or fiscal of the
city in which he resides
117
Espionage

1. By entering, without
authority therefore,
a war ship, fort or
naval
or
military
establishment
or
reservation
to obtain
any information, plans,
photographs or other
data of a confidential
nature relative to the
defense
of the
Philippines
a.

PC Penalty next higher 1. Espionage -gathering, transmitting, or losing

in
degree
shall
be
information respecting the national defense
imposed if the offender
with intent or reason to believe that the
be a public officer or
information is to be used to the injury of the
employee.
RP or to the advantage of any foreign nation
2. To be liable under paragraph 1, the offender
must have the intention to obtain information
relative to the defense of RP
3. It is not necessary that the information is
obtained

Offender enters any

of
the
places
mentioned therein

b.

He has no authority
therefore

c.

His purpose is to
obtain
info,
plans, etc.
of
a
confidential nature
relative to defense
of RP

4. Espionage distinguished from treason

a.

Both are crimes not conditioned on

citizenship

b.

Espionage may be committed in many

ways, both in time of peace or war;

c.

Treason 2 ways of committing; and

only in time of war

2. By disclosing to the
representative of a
foreign
nation
the
contents of the articles,
data,
or
information
referred to in Par. No. 1
which he had in his
possession by reason of
the public office he
holds

118
Inciting to
War or
Giving
Motives

a.

Offender is a public
officer

b.

He
has
in
his
possession
the
articles,
etc.
by
reason of the public
office he holds.

c.

He discloses their
contents
to
a
representative of a
foreign nation

1. Offender
performs
unlawful
or
unauthorized acts

RT if public officer or 1. The intention of offender is immaterial

employee
PM if private individual

2. Such acts provoke or

2. Committed i n t i m e o f p e a c e

Crime

Elements

Penalty

Points to Remember

give occasion for a war

involving or liable to
involve the Philippines
or expose
Filipino
citizens to reprisals on
their
persons
or
property
119
Violation
of
Neutrality

1. There is a war wh ich

the Philipp ines is not
involved

PC

Neutrality

a
nation
or
power
which
takes
no part in a contest of arms going on between
others is referred to as neutral

2. There is a regulation
issued by competen t
authority
for
the
purpose of enforcing
neutrality

There must be regulation issued bycompetent

authority for enforcement of neutrality
The regulation is usually would make in a form
of prohibition to travel

3. Offender viola tes

such regulation
120
1. It is in time of war in
Correspon
which the Philippin es
dence with
is involved
Hostile
Country
2. Offender
makes
correspondence with
an enemy country or
territory that is occupied
by enemy troops
3. T h e
correspondence
either
a.

121
Flight to
Enemys
Country

1. Correspondence
- communicating by
means of letters; or it may refer to the
letters which pass between those who
have friendly or business relations
2. Even if correspondence contains innoce
nt matters, if such has been prohibited by
the government, it is punishable
3. Prohibition by the government is not
essential in paragraphs 1 and 2

is
4. Qualifying circumstances that must con
cur together:

Prohibited
by
the government

b.

Carried in ciph
ers or conventi
onal signs

c.

C o n t a i n i n g notic
e or information
which might be
useful
to
the
enemy

1. There is a war which

the Philippines
is
involved
2. Offender
must
be
owing allegiance to
the government
3. Offender attempts to
flee or go to enemy

PC
P M

a.

The notice or information might be

useful to the enemy

b.

The offender intended to aid the enemy

RT if info may be useful

to enemy
RT to death if intention
was to aid the enemy
Arres to

Mayo r

1.

An a li en re sid en t m ay be
g uil ty
of
flig ht
to
enemy
country

2.

Mere attempt to flee or go to enemy

country consummates crime

3.

Article 121 must

be implemented by
Government

the

Crime

Elements

Penalty

Points to Remember

country
4. Going to
enemy
country
is
prohibited by
competent authority
122
1. Vessel is on the high
Piracy in
seas
or
in
General
Philippine waters
and Mutiny
on the
2. Offenders are
High Seas
not members
of
or in
its complement
or
Philippine
passengers of the vessel
Waters
3. O f f e n d e r s e i t h e r
a.
b.

attack
or
seize the vesse
l
seize the whole
or part of the
cargo
of
said
vessel,
its
equipment,
or
personal belongings
of its complement
or passengers

Piracy
robbery or forcible
depredation on the high
seas,
without
lawful
authority and done with
animo furandi
and in the spirit and
intention
of universal
hostility
Mutiny
unlawful resistance to a
superior officer,
or
the
raising of commotions and
disturbances on board a
ship against the authority
of the commander

RP Same penalty shall 1. High Seas

be inflicted in case of any waters on the sea coast which are
mutiny on the high seas without the boundaries of low-water mark,
or in Philippine waters
although
such
waters
may
be
in
the jurisdictional limits of a
f o r e i g n government

2. P i r a c y

Distinguished From Ro
b b e r y i n High Seas
a.

In
piracy offender is
an outsider; in
robbery,
offender is member of crew or
passenger

b.

In
both, there is
intent
to
gain
and
manner
of
committing the crime is the same

3. Piracy Distinguished from Mutiny

a.

In
piracy,
the
offenders
are
strangers;
in
mutiny, they are
members of the crew or passengers

b.

I n p ir ac y, i n t e n t t o g a i n is
essential;
in
mutiny,
the
intention may be to ignore ships
officers or to commit plunder

4. PD

532

a.

The
coverage
of
the
law
embraces any persons including
any passengers or member of the
crew
committing
piracy
in
Philippine waters.

b.

Applicable
committed
waters.

only if the crime

in
the
Philippine

Piracy committed in the High Seas

a. Use the Revised Penal Code
Piracy committed in the Philippine Seas
a.
b.
123
Qualified
Piracy

Qualifying
Circumstances:
1. Seized
vessel
by
boarding or firing
upon the same; or

Use the Revised Penal Code or;

PD 532

Special complex crime 1. A n y p e r s o n w h o a i d s o r p r o t e c t s

punishable by RP to
pirates
or
abets the commission
Death
regardless
of piracy shall be
considered as an
of number of victims
accomplice

Crime

124
Arbitrary
Detention

Elements

2.

Pirates
have
abandoned
their
victims
without
means
of saving
themselves; or

3.

Crime
is
accompanied
by
murder,
homicide,
physical injuries or
rape

1.

Offender is
a public officer
or employee

2.

He
detains
a person

3.

Detention is without
legal grounds

Detention
when a person is placed
in confinement or there is
a restraint on his person
Detention is
legal grounds:
1.

2.

without

When he has not

committed
any
crime or, at least,
there
is
no
reasonable ground for
suspicion that he has
committed a crime; or
When
he
is
not
suffering
from
violent insanity or
any
other
ailment
requiring
compulsory
confinement
in
a
hospital

Penalty

Points to Remember

2. R . A . 6 2 3 5 A n A c t P u n i s h i n g
C e r t a i n A c t s Inimical to Civil Aviation
(Anti-Hijacking Law)

Not exceeded 3 days A 1. Legal Grounds for Detention of Prisoner

Mayor in maximum to
PC in minimum More
a. the commission of a crime
than 3 less than 15 days
b.
v i o l e n t i n s a n i t y o r o
n t h e a i l m e n t
requiring the
PC in medium and
compulsory confinement of the patient in
maximum More than 15
a hospital
not more than 6months
PM Exceeded 6 mos. 2. A r r e s t w i t h o u t w a r r a n t i s t h e u s u a l
c a u s e o f arbitrary detention
RT
3. Arrest Without Warrant,
(Sec. 5Rule 113)

When Lawful

a.

P e r s o n a l knowledge is required

b.

A crime must in fact or actually

have been committed

4. T h e r e i s n o r e a s o n a b l e
officer
only
wants
to
commission of crime

ground if
know
the

5. There is
arbitrary detention
imprudence

thru