ARTICLE 114

TREASON
PREPARED BY: JIM PETERICK G. SISON, RCRIM, J.D.
 ARTICLE 114

 Art. 114. Treason. — Any person who, owing allegiance to (the United States or) the
Government of the Philippine Islands, not being a foreigner, levies war against them or
adheres to their enemies, giving them aid or comfort within the Philippine Islands or
elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to
exceed P20,000 pesos.

 No person shall be convicted of treason unless on 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 Philippine Islands, who commits acts of treason as
defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall
pay a fine not to exceed P20,000 peso
Q: Who may commit treason?

Filipinos and aliens

residing within the
country.
Q: If the offender is a Filipino Citizen,
where may he commit treason?

Anywhere
Q: What’s the principle behind the fact that a Filipino Citizen,
as opposed to an alien, may be held liable for treason
even if he happens to commit it outside Philippine shores?

 1.Because treason is a crime against national

security and the State.
 2.and his CITIZENSHIP requires him to owe
permanent allegiance to his State.
Q: As far as the alien is concerned,
where may he commit treason?

Only within the

Philippines.
Q: Why is that?

Because the ‘Treason’ he commits is

treason against the host state, and he may
only commit it during his actual residence
within that state.
Q: How is treason committed?

1. By levying war against the

government.

2. By adhering to her (the Philippines’) enemies, giving

them aid and comfort.
Q: Treason in the first mode (Levying war).
How is this committed?

 Through the assembling of persons for the

purpose of delivering the government to a foreign
country.
Q: What are the elements of committing treason
by levying war against the government?

 1.     There is an assembling of persons.

 2.     The purpose is to execute a treasonable

design against the government.
EXAMPLE

Q: Supposing the Philippine government was at war with Japan.

We were all unarmed inside this classroom and were discussing
ways and means of effectively delivering the government into the
hands of a foreign power. May we be held liable for treason?

 Yes. There is compliance with all the elements of levying war

against the government.
Q: What is Treason in the 2nd mode?

Treason in the 2nd mode is adhering to the

enemies and giving them aid and comfort.
Q: What do you mean by ‘adhere’?

Favoring the enemy either mentally,

psychologically, or emotionally.
Q: What do you mean by ‘giving them aid’?

The act of strengthening or aiding to

strengthen the enemy.
 The act of weakening or aiding to weaken
the Philippines.
Q: In the prosecution for treason, what
is necessary to secure a conviction?

 1. The testimony of AT LEAST TWO

witnesses to the SAME overt act; or
 2. The confession of the accused of his
guilt in the commission of the crime.
THANK YOU!