TITLE ONE

CRIMES AGAINST NATIONAL SECURITY

Crimes against national security

1. Treason (Art. 114);
2. Conspiracy and proposal to commit treason (Art. 115);
3. Misprision of treason (Art. 116); and
4. Espionage (Art. 117).

 Crimes against the law of nations

1. Inciting to war or giving motives for reprisals (Art. 118);
2. Violation of neutrality (Art. 119);
3. Corresponding with hostile country (Art. 120);
4. Flight to enemy's country (Art. 121); and
5. Piracy in general and mutiny on the high seas (Art. 122).

The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the
Philippine territorial jurisdiction. However, prosecution can proceed only if the offender is within Philippine
territory or brought to the Philippines pursuant to an extradition treaty. This is one of the instances where
the Revised Penal Code may be given extra-territorial application under Article 2 (5) thereof. In the case
of crimes against the law of nations, the offender can be prosecuted whenever he may be found because
the crimes are regarded as committed against humanity in general.

Article 114
TREASON

ELEMENTS:
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 –

1) Levies war against the government,

1. breech of allegiance
2. actual assembling of men
 3. for the purpose of executing a treasonable design

2) Adheres to the enemies, giving them aid and comfort

1. breech of allegiance
2. adherence
3. giving aid or comfort to the enemy

Requirements of levying war

1) Actual assembling of men;

2) To execute a treasonable design by force;

3) Intent is to deliver the country in whole or in part to the enemy; and

4) Collaboration with foreign enemy or some foreign sovereign

* Success is not important. What matters is the actual assembly of men and the execution of
treasonable design by force.

 Ways of proving treason:

a. 2 witnesses testifying to same overt act

> The testimonies must refer to the same act, place and moment of time. Treason cannot be
proved by circumstantial evidence or by extrajudicial confession.

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.

> If he has pleaded NOT guilty already during arraignment, he can still confess in open
court by stating the particular acts constituting treason.

> During trial, simply saying “I’m guilty” is not enough.

> Withdrawing plea of “not guilty” during arraignment not necessary

> 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.