The Revised Penal Code – Book Two

Title I: Crimes against National Security and the Law of Nations

Article 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 100,000 pesos. No
person shall be convicted of treason unless in the testimony of two
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 100,000
pesos.

Elements:
1. That the offender is a Filipino citizen or an alien residing in the Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either:
4. Levies war against the Government, or
5. Adheres to the enemies, giving them aid or comfort

Treason – a breach of allegiance to a government, committed by a

person who owes allegiance to it; in its general sense, it is the violation
by a subject of his allegiance to his sovereign or to the supreme
authority of the State
Treason is a war crime. It cannot be committed in time of peace.

Allegiance – 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
Allegiance may be permanent (to government or sovereign of country) or
temporary (a resident alien to a country where he resides in).

Two ways of committing treason:

By levying war against the Government

Concurrence of two things needed:

 That there be an actual assembling of men
For the purpose of executing a treasonable design by force
The levying of war must be with the intent to overthrow the government and
not merely to resist a particular stature or to repel a particular officer. The
purpose is to deliver the