BOOK II However, the prosecution for the said crimes can
(ARTICLES 114-365, RPC) proceed only if the offender is already within
AND SPECIFICALLY INCLUDED SPECIAL LAWS
CRIMES AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
CRIMES AGAINST NATIONAL SECURITY (TCME)
1. Treason (Art. 114, RPC);
2. Conspiracy and proposal to commit treason (Art.
115, RPC);
3. Misprision of Treason (Art. 116, RPC); and
4. Espionage (Art. 117, RPC).
NOTE: All can only be committed in times of war
EXCEPT Espionage.
CRIMES AGAINST THE LAW OF NATIONS (INC-FPP)
1. Inciting to war and giving motives for reprisal
(Art. 118, RPC);
2. Violation of Neutrality (Art. 119, RPC);
3. Correspondence with hostile country (Art. 120,
RPC);
4. Flight to enemy country (Art. 121, RPC);
5. Piracy and mutiny (Art. 122, RPC); and
6. Qualified Piracy and Mutiny (Art. 123, RPC).
NOTE: All can only be committed in times of war
except: INP
1. Inciting to war or giving motives for reprisal (Art.
118, RPC);
2. Violation of Neutrality (Art. 119, RPC); and
3. Piracy and mutiny (Art. 122, RPC) (Boado, 2008).
NOTE: Crimes against National Security and the
Law of Nations are exceptions to the principle of
territoriality under Art. 2, par. 5 of the RPC (one
can be held criminally liable even if those crimes
were committed outside the Philippine
jurisdiction).
Philippine territory or brought to the Philippines
pursuant to an extradition treaty after the
commission of said crimes.
TREASON
ART. 114
TREASON
The breach of allegiance to a government,
committed by a person who owes allegiance to it.
ALLEGIANCE
It is 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.
2 Kinds of Allegiance:
1. Permanent – a citizen’s obligation of fidelity
and obedience to his government or sovereign;
or
2. Temporary – allegiance which a foreigner
owes to the government or sovereign of the
territory wherein he resides, so long as he
remains there, in return for the protection he
receives, and which consists in the obedience
to the laws of the government or sovereign.
ELEMENTS OF TREASON (FAWLA)
1. That the offender is a Filipino citizen; or an Alien
residing in the Philippines (RA 7659);
2. That there is a War in which the Philippines is
involved; and
3. That the offender either—
a. Levies war against the Government; or
b. Adheres to the enemies, giving them aid
or comfort.
NOTE: Treason cannot be committed in times of
peace because there are no traitors until war has
started.
MODES OF COMMITTING TREASON
1. Levying war against the government; or
2. Adhering to the enemies, giving them aid and
comfort.
NOTE: In treason by levying war, formal declaration
of the existence of a state of war is not necessary.
In treason by adhering to the enemies, giving them
aid and comfort, it must be after the declaration of
war between the countries. The term “enemy”
applies only to subjects of foreign power in a state
of hostility with the traitor’s country.
“Levying war”
This requires the concurrence of two things: (AA-
PE)
1. That there be an Actual Assembling of men; and
2. For the Purpose of Executing a treasonable
design by force.
NOTE: The levying of war must be with intent to
overthrow the government, not merely to resist a
particular statute or to repel a particular officer.
“Adherence to the enemy”
This requires the concurrence of two things: (AG)
1. Adherence
2. Giving aid or comfort to the enemy
There is adherence to enemies when a citizen
intellectually or emotionally favors the enemies
and harbors sympathies or convictions disloyal to
his country’s policy or interest.
Adherence alone without aid and comfort does not
constitute treason, but such adherence may be
inferred from the acts committed by a person.
Aid and comfort
It means overt acts which strengthen or tend to
strengthen the enemy of the government in the
conduct of war against the government or an act
which weakens or tends to weaken the power of
the government to resist or to attack the enemies
of the government.
Extent of aid and comfort
The aid and comfort must be given to the enemy by
some kind of action. It must be a deed or physical
activity not merely a mental operation.
As a general rule, to be treasonous, the extent of
the aid and comfort given to the enemies must be
to render assistance to them as enemies and not
merely as individuals and in addition, be directly in
furtherance of the enemies’ hostile designs.
NOTE: The act of giving aid or comfort need not
actually strengthen the enemy provided overt acts
are done which if successful, would advance the
interest of the enemy.
NO TREASON THROUGH NEGLIGENCE
Treason cannot be committed through negligence.
The overt acts of aid and comfort must be
intentional as distinguished from merely negligent
or undesigned act (Cramer v. U.S.).
COMMISSION OF TREASON OUTSIDE THE
PHILIPPINES
a. If the offender is a Filipino citizen, he can commit
this crime even if he is outside the Philippines; or
b. Treason by an alien must be committed in the
Philippines (EO 44) except in case of conspiracy.

How treason may be proved

1. Testimony of two witnesses, at least, to the same

overt act (Two-witness rule); or
2. Confession of the accused in open court.

Two-witness rule

It is a rule which requires the testimony of at least

two witnesses to prove the overt act of giving aid
or comfort. The two-witness rule is severely
restrictive and requires that each of the witness
must testify to the whole overt act; or if it is
separable, there must be two witnesses to each
part of the overt act (People v. Escleto).