TITLE 1 – Crime Against National Security
and the Law of Nations
Article 114 – Treason
Definition – breach of allegiance to a
government, committed by a person
who owes allegiance to it.
Elements
1. The offender is a Filipino Citizen or
an alien residing in the Philippines
2. There is a WAR in which the Phil. Is
involved
3. Offender – (modes)
a. levies war against the
Government
b. adheres to the enemies,
giving them aid or comfort
*as amended: The Offender is either a
Filipino or a resident alien
 Allegiance – obligation of fidelity
and obedience which the
individual owes the government
 Permanent or Temporary
Treason cannot be committed in times
of peace.(it is a WAR CRIME).
LEVYING WAR –
1.) Actual assembling of man
2.) For the purpose of executing a
treasonable design by force
In treason by levying war, it is not
necessary that there be a formal
declaration of the existence of a state
of war.
The war must be directed against the
Gov’t with the intent of overthrowing it.
The levying of war must be in
collaboration with a foreign country.
ADHERENCE TO THE ENEMY – intent to
betray
AID OR COMFORT – acts which tend to
strengthen the enemy in the conduct of
war
Commandeering of women to satisfy
the lust of the enemy is NOT Treason.
Mere governmental work during the
Japanese regime is not an act of
treason.
Murder and Physical Injuries are inherent
in the crime of Treason, other crimes are
absorbed, not to be considered a
separate crime.
Treason by a Filipino Citizen may be
committed outside of the country.
Treason is a continuing offense.
Ways of Proving Treason
1. Testimony of 2 witnesses, at least,
to the same overt act
2. Confession of the accused in
open court
TWO-WITNESS RULE
- Required to prove the overt act of
giving aid or comfort
OVERT ACT – Pyhsical activity of giving
aid or comfort
Adherence to the Enemy need not be
proved by 2 witnesses.
Extrajudicial confession is not enough to
convict a person of treason,
Article 115 – Conspiracy
and Proposal to Commit
Treason
- In times of war, a person who
has DECIDED to levy war
against the government or to
adhere to the enemies to give
them aid or comfort,
PROPOSES ITS EXECUTION to
some other person or persons.
- 2 witness rule does not apply
Article 116– Misprision of
Treason – ( no penalty) (
accessory to the crime of
Treason)
Elements:
a. Offender owing allegiance
to the gov’t, not a foreigner
b. He has knowledge of any
conspiracy against the
govt
c. He CONCEALS or DOES
NOT DISCLOSE and make
known the same asap to
the GOVERNOR or FISCAL
of the province, or MAYOR
or FISCAL of the
municipality,
- It cannot be committed by a
Resident Alien
- The conspiracy is one
commit treason
- The offender in misprision of
treason is punished as an
ACCESSORY to treason, and a
PRINCIPAL to the crime of
Misprision of Treason.
Article 117– ESPIONAGE
- Offense of gathering,
transmitting or losing
information respecting the
national defense with the
intent that such information be
used to the injury of the Rep.
of the Phil. to the advantage
of a foreign nation.
 2 ways of Committing
Espionage
a.) By entering w/out authority
a warship, for, or naval, or a
military establishment, or
reservation to obtain info or
data of a confidential
nature relative to the
defense of the Philippines.
b.) By disclosing to a rep. of a
foreign nation the contents
of the articles, data or
information referred to in
par. 1, which he had in his
possession by reason of the
public office he holds.
- Espionage is committed in
times of PEACE and WAR.
to
Article 118 – Article 120 –
INCITING TO WAR OR CORRESPONDENCE
GIVING MOTIVES WITH HOSTILE COUNTRY
FOR REPRISALS
ELEMENTS
ELEMENTS
a.) That it is in time of WAR which
a.) Offender performs unlawful the Philippines is involved.
/unauthorized acts b.) Offender makes
correspondence with an
b.) Such acts provoke or give enemy country
occasion for a war involving or
liable to involve the Phil, or That the CORRESPONDENCE is either:
expose Fil. Citizens to reprisals
on their persons or property a.) Prohibited by the Government
b.) Carried on in ciphers or
conventional signs
- The intention of the Offender is c.) Containing notice or
immaterial information which might be
useful to the enemy
- Committed in times of PEACE
- Even if correspondence
contains INNOCENT matters, if
- Penalty is higher when the such is prohibited by the
offender is a public officer or Government, it is still
employee. PUNISHABLE.

Article 119–
VIOLATION OF
NEUTRALITY

ELEMENTS

a.) There is a WAR in which the Phil. is

not involved

b.) There is a REGULATION issued by

competent authority for the
purpose of enforcing NEUTRALITY

c.) Offender violates such regulation