Overt act – that physical activity, that deed that constitutes the rendering of
aid and comfort
It is not required that the testimonies be identical. It is sufficient that the witnesses are uniform in their testimony on the overt act; it is not necessary that there be corroboration between them on the point they testified. It is not affected by discrepancies in minor details. Adherence may be proved: By one witness From the nature of the act itself From the circumstances surrounding the act
2. Confession of the accused in open court
“Confession” – a confession of guilt in open court, before the judge while
actually hearing the case; not only an admission of facts made by the accused in giving his testimony after a plea of not guilty, from which admissions of his guilt can be inferred
Cruelty and ignominy are aggravating circumstances in treason
Evident premeditation is not aggravating in treason because it usually requires reflective and persistent determination Superior strength and treachery are circumstances inherent in treason, and are not aggravating
Defense of suspended allegiance and change of sovereignty is not acceptable.
Other than the defense of duress (fear of immediate death), lawful obedience to a de facto government is a good defense in treason. Article 115. Conspiracy and proposal to commit treason – Penalty. – The conspiracy and proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding 10,000 pesos, and by prision correccional and a fine not exceeding 5,000 pesos.
Article 8. Conspiracy and proposal to commit felony. Conspiracy and
proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit the felony proposes its execution to some other person or persons.
Although the general rule under Article 8 is that conspiracy and proposal to commit a felony is not punishable, mere conspiracy and proposal to commit treason is a felony. In treason,