Criminal Law Reviewer: Crimes Against National Security and the Law of

Nations
CRIMES AGAINST NATIONAL SECURITY:
1. Treason - a breach of allegiance to a government, committed by a person who
owes allegiance to it.
-OFFENDERS:
A. FILIPINOS:
-PUNISHMENT:
>reclusion perpetua to death
>fine not exceeding P100,000.00
-PROVING FILIPINO CITIZENSHIP:
>through prison records
>testimony of witnesses who know him to have been born in the
Philippines of
Filipino parents
B. ALIENS:
-residing in the Philippines who commit acts of treason
-PUNISHMENT:
>reclusion perpetua to death
>fine not exceeding P100,000.00
>NOTE: As amended by Sec. 2, RA 7659, which took effect on
Dec. 31, 1993
-ELEMENTS: [TOT]
A. Offender is a Filipino citizen or alien residing in the Philippines
B. There is a war in which the Philippines is involved
C. The offender either - levies war against the government/adheres to
the enemies, giving them aid or comfort
-NATURE:
>The violation by a subject of his allegiance to his sovereign or to the
supreme authority of
the State.
>A war crime, but may be perpetrated during peace.
>There is no traitor in time of peace, but only when war has started.
>Punished by the state as a measure of self-defense and selfpreservation, which remains dormant until the emergency arises, and is
relentlessly put into effect as soon as war
starts.
-ALLEGIANCE: 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.
>Permanent Allegiance - owed by an alien to his own country
- consists in the obligation of fidelity and obedience
which a
citizen or subject owes to his government
or sovereign.
>Temporary Allegiance - owed by an alien to the country where he
resides
- the obligation of fidelity and obedience which a
resident alien
owes to our government
- 2 MODES of COMMITTING TREASON:
1. levying war against the government (must be with intent to overthrow
the government)
REQUISITES:
A. There be an actual assembling of men.
-a body of men are actually assembled for the purpose of
effecting by force a treasonable design, where all who perform
any part, however small, however remote from the scene of
action, and who are actually leagued in the general conspiracy,

are to be considered traitors.

EXCEPTION: Those who rise publicly during war to inflict an act
of hate or revenge upon the persons of public officers do not
commit treason by levying war because the public uprising is not
directed against the government.
B. For the purpose of executing a treasonable design by force.
2. adhering to the enemies of the Philippines by giving them aid or
comfort.
-both acts, adhering to the enemies of the Phils., and giving them aid
or comfort, must concur together. If only one of the two is present, it is
not sufficient to constitute treason.
NOTE: If the levying of war is merely a civil uprising, without intention of helping an
external enemy, the crime is not treason, but rebellion.