TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

Article 114
ELEMENTS OF TREASON:
a. That the offender owes allegiance to the Government of the Philippines
b. That there is a war in which the Philippines is involved
c. That the offender either
d. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
e. Adheres to the enemies, giving them aid and comfort
1. breech of allegiance
2. adherence
3. giving aid or comfort to the enemy
Ways of proving treason:
a. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage,
not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be
sufficient witnesses to convict? Answer: NO. Because the law requires that 2 witnesses
see the SAME OVERT ACT.
b. Confession of the accused in open court. Arraignment, pre-trial, trial OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess in open
court by stating the particular acts constituting treason.
2. During trial, simply saying Im guilty is not enough.
3. Withdrawing plea of not guilty during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused understands is
plea. Submission of affidavit during trial, even if assisted by counsel is not enough.
Treason: breach of allegiance to the government, committed by a person who owes
allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or temporary
depending on whether the person is a citizen or an alien.
Evident premeditation, superior strength and treachery are circumstances inherent in
treason, and are, therefore, not aggravating.
Treason cannot be committed in times of peace, on