ART. 114. Treason.

- Any Filipino citizen who levies war against the Philippines or

adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere,
shall be punished by reclusion perpetua to death and shall pay a fine not to exceed Four
million pesos (P4, 000,000).

No person shall be convicted of treason unless on the testimony of two (2) witnesses at
least to the same overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in
paragraph 1 of this article shall be punished by reclusion temporal to death and shall pay
a fine not to exceed Four million pesos (P4, 000,000).

What is treason?
Treason is a breach of allegiance to a government, committed by a person who owes allegiance
to it.

● What is allegiance?

Allegiance is the obligation of fidelity and obedience which the individual owes to the
government under which he lives or to his sovereign, in return for the protection he
receives.

○ What are the two kinds of allegiance?

There are two kinds of allegiance, permanent and temporary.

■ What is permanent allegiance?

Permanent allegiance is a citizen's obligation of fidelity and obedience to

his government and sovereign.

■ What is temporary allegiance?

Temporary allegiance is the allegiance which a foreigner owes to the

government or sovereign of the territory which he resides, so long as he
remains there, in return for the protection he receives.

Such allegiance consists of the obedience to the laws of the government

or sovereign.

When is treason committed?

Treason is a war crime. It is not an all-time offense. It cannot be committed in peace time. While
there is peace, there are no traitors. Treason may be incubated when peace reigns.
Treasonable acts may actually be perpetrated during peace, but there are no traitors until war
has started.
 ● When is the existence of war determined?

When there is a formal declaration of the existence of a state of war, or when actual
hostilities has commenced between warring parties.

(The need for a formal declaration of the existence of a state of war is not needed, the
actual hostilities may determine the date of the commencement of the war.)

Where is treason committed?

Treason is committed within the Philippines or elsewhere. (Article 114)

Article 2, Paragraph 5 of the Revised Penal Code also states that: the provisions of this Code
shall be enforced not only within the Philippine Archipelago, but also outside of its jurisdiction,
against those who should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code.

Who can be liable for the crime of treason?

Any Filipino citizen or an alien residing in the Philippines can be liable for treason.

(The reason for the Filipino citizen is the permanent allegiance he owes to the Philippines, while
the reason for a resident alien is the temporary allegiance he owes to the Philippines.)

The third paragraph of Article 114 of the Revised Penal Code also states that a resident alien
committing treason as defined in Paragraph 1 thereof shall also be punishable. Paragraph 1
states that the said treason may be committed in the Philippines or elsewhere.

How is treason committed?

● What are the elements of treason under Article 114?

The elements of treason are:

○ That the offender owes allegiance to the Government of the Philippines.

○ That there is a war in which the Philippines is involved.
○ That the offender levies war against the government, or adheres to the enemies,
giving them aid or comfort.
● What does “levying war” mean in the context of treason?

To “levy” means to “to enlist” or “to carry on (war). Mere enlistment to go against the
government does not amount to levying war. One person acting alone cannot be guilty of
levying a war. In committing treason, levying a war equates to assembling a number of
men for the purpose using force against the government. Note that levying war must be
directed to the Government and not to a specific statute or officer.

In addition, to constitute treason, levying war against the government must also have
the intention of helping an enemy country; if the war is instituted due to a civil uprising,
 then it is not considered a treason but rather a rebellion.

● What is adherence?

Adherence is intent to betray. Where the accused intellectually or emotionally favors the
enemy and harbor sympathies or convictions disloyal to his country's policy or interest.

○ Is adherence alone sufficient to constitute treason? How about aid or comfort by

itself?

No, adherence alone, without giving aid or comfort to the enemy, is not sufficient
to constitute treason. Conversely, aid or comfort alone, without adherence, is not
treason.

● Who is the “enemy” in the context of treason?

The term "enemy" refers to a foreign country because treason occurs only in times of
war.

The term "enemy" in treason does not refer to rebels in insurrection against their own
country, because they are still citizens.