Professional Documents
Culture Documents
Elements:
1. That the offender is a Filipino citizen or an alien residing in the Philippines (resident alien);
(or the offender owes allegiance to the Government of the Philippines);
2. That there is a war in which the Philippines is involved;
3. That the offender either –
a. levies war against the Government, or
b. adheres to the enemies, giving them aid or comfort.
1. Serving as informer and active member of the Japanese Military Police, arresting guerrilla
suspects in an attempt to suppress the underground movement. (People vs. Fernando, 79
Phil. 719)
2. Serving in the Japanese Army as agent or spy and participating in the raid of guerrilla
hideout. (People vs. Munoz, et. al., 79 Phil. 702);
3. Acting as “finger woman” when a barrio was “zonified” by the Japanese, pointing out to
the Japanese several men whom she accused as guerrillas. (People vs. Nunez, 85 Phil.
448);
4. Taking active part in the mass killing of civilians by the Japanese soldiers by personally
tying the hands of the victims. (People vs. Canibas, 85 Phil. 469)
-Appellant’s membership in the police force of Manaoag does not in itself constitute treason; but his having
accompanied the Japanese soldiers to the places of abode of guerrilla leaders and the several ill-treatments
which he personally inflicted upon them because of their refusal to disclose their connection with the
guerrilla forces, constitute treason. (People vs. Badili, 84 Phil. 71)
-Treason cannot be proved by circumstantial evidence, however strong it may be or by the extrajudicial
confession of the accused.
-Two-witness rule-the testimony of two witnesses is required to prove the overt act of giving aid or comfort.
-Good Defenses in treason: (a) defense of duress or uncontrollable fear; (b) lawful obedience to a de facto
government
Conspiracy to commit treason is committed when in time of war, two or more persons come to an
agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort,
and decide to commit it. (Arts. 8 and 114)
Proposal to commit treason is committed when in time of war a person who has decided to levy war
against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution
to some other person or persons.
Espionage- is the offense of gathering, transmitting, or losing information respecting the national defense
with intent or reason to believe that the information is to be used to the injury of the Republic of the
Philippines or to the advantage of any foreign nation.
Elements:
1. That the offender performs unlawful or unauthorized acts.
2. That such acts provoke or give occasion for a war involving or liable to involve the Philippines or
expose Filipino Citizens to reprisals on their persons or property.
Elements:
1. That there is a war in which the Philippines is not involved;
2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality;
3. That the offender violates such regulation.
Neutrality.
A nation or power which takes no part in a contest of arms going on between others is referred to as
neutral.
*There must be regulation issued by competent authority for the enforcement of neutrality.
Elements:
1. That it is in time of war in which the Philippines is involved;
2. That the offender makes correspondence with an enemy country or territory occupied by enemy
troops;
3. That the correspondence is either –
a. prohibited by the Government, or
b. carried on in ciphers or conventional signs, or
c. containing notice or information which might be useful to the enemy.
Correspondence- is communication by means of letters; or it may refer to the letters which pass between
those who have friendly or business relations.
*A text in secret writing.
*Even if correspondence contains innocent matters, if the correspondence has been prohibited by the
Government, it is punishable.
Elements:
1. That there is a war in which the Philippines is involved;
2. That the offender must be owing allegiance to the Government;
3. That the offender attempts to flee or go to enemy country;
4. That going to enemy country is prohibited by competent authority.
*An alien resident may be guilty of flight to enemy country
Elements:
1. That a vessel is on the high seas or in Philippine waters;
2. That the offenders are not members of its complement or passengers of the vessel;
3. That the offenders (a) attack or seize that vessel, or (b) 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 office, or the raising of commotions and disturbances on board a
ship against the authority of its commander.
*In piracy, the persons who attack a vessel or seize its cargo are strangers to said vessels; while in mutiny,
they are members of the crew or passengers.