BOOK II

CRIMES AND PENALTIES

TITLE I
CRIMES AGAINST THE NATIONAL SECURITY AND THE LAW OF THE NATION

CHAPTER I
CRIMES AGAINST THE NATIONAL SECURITY

GENERAL NOTES
ARTICLE 114

ELEMENTS:
 OFFENDER IS A FILIPINO CITRIZEN OR AN ALIEN
 THERE IS A WAR IN WHICH THE PHILIPPINES IS INVOLVED
 THE OFFENDER EITHER LEVIES WAR AGAINST THE GOVERNMENT OR
ADHERES TO THE ENEMIES GIVING THEM AID OR COMFORT

TREASON- IS A BREACH OF ALLEGIANCE TO A GOVERNMENT, COMMITTED BY

A PERSON WHO OWES ALLEGIANCE TO IT.

ALLEGIANCE- IS THE OBLIGATION OF FIDELITY AND OBEDIENCE WHICH THE

INDIVIDUAL OWES TO THE GOVERNMENT IN RETURN FOR THE PROTECTION
HE RECEIVES (LAUREL V MISA)

KINDS OF ALLEGIANCE WITH REGARD TO THE OFFENDER

FILIPINO CITIZEN- THE FILIPINO CITIZEN OWES ABSOLUTE AND
PERMANENT ALLEGIANCE TO THE PHILIPPINES

RESIDENT ALIEN- OWES QUALIFIED AND TEMPORARY ALLEGIANCE TO

THE GOVERNMENT OF THE PHILIPPINES (BECAUSE THAT ALIEN OWES HIS
ABSOLUTE AND PERMANENT ALLEGIANCE TO HIS OWN COUNTRY)

NOTE: ARTICLE 114 IS SILENT ON THE PERIOD OF RESIDENCY FOR AN ALIEN

TO BE QUALIFIES AS AN OFFENDER WITH RESPECT TO THE RPOVISION OF
TREASON, BUT THE LAW, SPECIFICALLY THE TAX LAW PROVIDE THAT AN
ALIEN WHO IS PRESENT IN THE PHILIPPINES FOR ATLEST 2 YEARS IS
ARESIDENT ALIEN. THEREFORE, AS STATED IN THE PRECEDING PARAGRAPH
IN ORDER FOR AN ALIEN TO BE A RESIDENT OF THE PHILIPPINES THE LATTER
MUST BE PRESENT IN THE COUNTRY FOR AT LEAST 2 YEARS.

NOTE: TREASON CAN ONLY BE COMMITTED IN TIMES OF WAR. WAR FOR THIS
PURPOSE MEANS WAR AGAINST ANOTHER COUNTRY.

NOTE: IN CONNECTION TO ARTICLLE VII SECTION 23 PARA 1, THE QUESTION

IS? IS THERE A NEED FIRST A DECLARATION OF THE EXISTENCE OF A STATE
OF WAR FOR A CRIME OF TREASON TO BE APPLICABLE?
ANSWER: IT DEPENDS, THERE A 2 WAYS OF COMMITTING TREASON
1) BY LEVYING WAR AGAINST THE GOVERNMENT= NO NEED FOR A
DECLARATION OF THE EXISTENCE OF A STATE OF WAR
2) BY ADHERING TO THE ENEMIES OF THE PHILIPPINES, GIVING THEM AID
OR COMFORT= NEED OF A DECLARATION OF THE EXISTENCE OF A
STATE OF WAR

ELEMENTS OF LEVEYING WAR

1) THERE MUST BE AN ACTUAL ASSEMBLING OF MEN= MEANS THAT
THERE MUST BE A PHYSICAL GATHERING OF PERSONS (AT LEAST BY
BAND ‘MORE THAN 3 MALEFACTORS’) (THIS IS ENOUGH FOR A PERSON
TO PROSECUTED FOR A CRIME OF TREASON)
2) FOR THE PURPOSE OF EXECUTING A TREASONABLE DESIGN BY
FORCE= MEANS TO OVERTHROW AND DESTROY THE DULY
ESTABLISHED GOVERNMENT (ENTIRE GOVERNMENT) ACCORDING TO
REGALADO

NOTE: IT IS NOT NECESSARY THAT THOSE ATTEMPTING TO OVERTHROW THE

GOVERNMENT BY FORCE OF ARMS SHOULD HAVE THE APPARENT POWER TO
SUCCEED IN THEIR TREASONOUS DESIGN (US V LAGNASON)

NOTE: THE LEVYING OF WAR MUST BE IN COLLABORATION OF A FOREIGN

ENEMY OR WITH THE INTENTION OF HELPING A FOREIGN ENEMY.

ELEMENTS OF ADHERING TO THE ENEMY

1) ADEHERENCE TO THE ENEMY= WHEN A CITIZEN INTELLECTUALLY OR
EMOTIONALLY FAVORS THE ENEMY AND HARBORS SYMPATHIES OR
CONVICTIONS DISLOYAL TO HIS COUNTRY’S POLICY OR INTEREST
(CRAMER V US)
2) GIVING AID OR COMFORT TO THE ENEMY= AN ACT WHICH
STRENGTHENS OR TENDS TO STRENGTHEN THE ENEMY IN ITS
CONDUCT OF WAR AGAINST THE TRAITOR’S COUNTRY OR IT CAN BE AN
ACT WHICH WEAKENS OR TENDS TO WEAKEN THE POWER OF THE
TRAITOR’S COUNTRY TO RESIST OR ATTACK THE ENEMY. EXMAPLE:
THERE MUST BE A DEED OR PHYSICAL ACTIVITY SUCH AS FURNISHING
THE ENEMY WITH ARMS, TROOPS, SUPPLIES, INFORMATION OR MEANS
OF TRANSPORTATION. WHETHER THE AID OR COMFORT WILL RESULT
TO SUCCESS OR NOT IS NOT A MATTER, IT IS SUFFICE THAT THE OVERT
ACT OF AIDING AND COMFORT THE ENEMY WHICH RESULT TO THEIR
ADVANCEMENT.

NOTE: ADHERENCE ALONE WITHOUT GIVING AID OR COMFORT IS NOT

SUFFICIENT TO CONSTITUTE TREASON OR VICE-VERSA.
FORMULA: ADHERENCE + AID OR COMFORT= TREASON
NOTE: IN ORDER TO A PERSON LIABLE FOR TREASON BY AIDING OR GIVING
COMFORT TO THE ENEMY, THE SAME MUST BE DONE AFTER THE
DECLARATION OF THE EXISTENCE OF A STATE OF WAR
ENEMY= REFERS TO THE FOREIGN POWER IN A STATE OF HOSTILITY WITH
THE TRAITOR’S COUNTRY.

NOTE: IF IN FURTHERANCE OF TREASON, A COMMON CRIME HAS BEEN

COMMITTED, THE RULE IS, THAT COMMON CRIME WIOULD ABSORBED AS AN
ELEMENT OF TREASON.

NOTE: IF THE OFFENDER IS A FILIPINO CITIZEN, TREASON CAN BE

COMMITTED EVEN OUTSIDE OF THE TERRITORY OF THE PHILIPPINES, WHY?
BECAUASE OF CITIZENSHIP.

NOTE: TREASON IS AN CONTINUING OFFENSE.

WAYS OF PROVING TREASON:

1) TESTIMONY OF 2 WITNESS TO THE SAME OVERT ACT= THE TESTIMONY
NEED NOT BE EXACTLY OR IDENTICAL, IT IS IMPORTANT THAT THE TWO
WITNESS REFER TO THE SAME OVERT ACT OF THE OFFENDER
2) CONFESSION OF THE ACCUSED IN OPEN COURT

2 WAYS OF COMMITTING TREASON (2 WITNESS RULE)

1) LEVYING WAR AGAINST THE GOVERNMENT
2) ADHERENCE TO THE ENEMY, GIVING THEM AID OR COMFORT (BUT
WITH RESPECT TO ADHERENCE THE TESTIMONY OF 1 WITNESS IS
SUFFICIENT

JUSTIFIABLE DEFENSE IN TREASON

1) UNDER DURESS (COMPULSION) OR UNCONTROLLABLE FEAR
2) LAWFULL OBEDIENCE TO A DE FACTO GOVERNMENT. EXAMPLE:
GOVERNMENT OFFICIAL DURING THE TIME OF JAPANESE OCCUPATION

NOTE: DEFENSE OF SUSPENDED ALLEGIANCE AND CHANGE OF SOVEREIGNTY

WILL NOT BE ACCEPTED.

ARTICLE 115
AS A RULE, CONSPIRACY AND PROPOSAL TO COMMIT A FELONY IS NOT
PUNISHABLE (ART. 8 OF THE RPC), BUT IN ARTICLE 115 IT IS ALREADY A
FELONY

NOTE: THE 2 WITNESS RULE DOES NOT APPLY TO CONPIRACY OR PROPOSAL

TO COMMIT TREASON.

ARTICLE 116
ELEMENTS OF MISPRISION OF TREASON
 1) THE OFFENDER OWES ALLEGIANCE TO THE GOVERNMENT
2) HE HAS THE KNOWLEDGE OF ANY CONSPIRACY TO COMMIT TREASON
AGAINST THE GOVERNMENT
3) HE CONCEALS OR DOES NOT DISCLOSE AND MAKE KNOWN THE SAME AS
SOON AS POSSIBLE TO THE GOVERNOR OR FISCAL OF THE PROVINCE, OR
TO THE MAYOR OR FICAL OF THE CITY IN WHICH HE RESIDE.

NOTE: THE ARTICLE DOES NOT APPLY WHEN THE CRIME OF TREASON IS
ALREADY COMMITTED AND THE ACCUSED DOES NOT REPORT ITS
COMMISSION TO THE PROPER AUTHORITY. WHAT IS PUNISHED IS
KNOWLEDGE OF ANY CONSPIRACY TO COMMIT TREASON, NOT KNOWLEDGE
OF TREASON ALREADY COMMITTED BY ANOTHER.

NOTE: THE OFFENDER IN ARTICLE 116 IS PUNISHED AS AN ACCESSORY TO THE

CRIME OF TREASON (ART. 114), BUT AS PRINCIPAL IN ARTICLE 116, BECAUSE
THE LAW PROVIDES AN INDEPENDENT CRIME OF MISPRISION OF TREASON AS
AGAINST TREASON.

ARTICLE 117
1ST WAY OF COMMITING ESPIONAGE CAN BE FOUND IN ART 117 OF THE
REVISED PENAL CODE PARA (1), AND IT ELEMENTS ARE:
1) THAT THE OFFENDER ENTERS ANY OF THE PLACES MENTIONED
THEREIN
2) THE OFFENDER HAS NO AUTHORITY TO ENTER
3) THE PURPOSE OF ENTERING IS TO OBTAIN INFORMATION, PLANS,
PHOTOGRAPHS OR OTHER DATA OF A CONFIDENTIAL NATURE RELATIVE
TO THE DEFENSE OF THE PHILIPPINE ARCHIPELAGO

2ND WAY OF COMMITTING ESPIONAGE CAN BE FOUND IN ARTICLE 117 OF THE

RPC PARA (2), AND ITS ELEMENTS ARE:
1) THAT THE OFFENDER IS A PUBLIC OFFICER
2) HE HAS IN POSSESSION THE ARTICLES, DATA OR INFORMATION
REFERED TO IN PARA 1 OF ART. 117 BY REASON OF THE PUBLIC OFFICE
HE HOLDS
3) HE DISCLOSES THEIR CONTENTS TO A REPRESENTATIVE OF A FOREIGN
NATION

NOTE: ESPIONAGE CAN BE COMMITTED IN TIMES OF WAR OR PEACE