IMPORTANT CRIMES

Warning: This is not intended to substitute the book. Its purpose mainly is to apprise one of possible questions
in the test. In short, for cramming.
Article 114. TREASON
Elements
1. The offender is a Filipino citizen or an alien residing in the Philippines.
2. There is a war in which the Philippines is involved; and
3. The offender either (a) levies war against the Government, or (b) adheres to the enemies, giving them aid or
comfort.
How would define Treason?
- it is a breach of allegiance to a government, committed by a person who owes allegiance to it.
How to prove that the offender is a Filipino citizen?
1. Prison record
2. Testimony of the witness who knows him to have been born in the Philippines
What is 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.
Two mode of committing Treason
1. By levying war against the government
2. By adhering to the enemies of the Philippines, giving them aid or comfort
I. Levying War
- the following must concur together
1. Actual assembling of men
2. For the pupose of executing a treasonable design by force
Note: The purpose of levying war is to deliver the country in whole or in part to the enemy. By collaborating
with a foreign enemy. Because if it is in collaboration with internal enemies then there is no treason but
rebellion.
CASES:
1) mere acceptance of the commission from the secretary of war, where nothing else having been done, is not
an act of treason (US vs. Delos Reyes)
2) Actual enlistment of men to serve does not amount to leving war (there is no actual assembling of men)
3) All those who performed however, minute or remote is liable for treason
4) Not necessary that there is a formal declaration of war. Actual hostilities may determine the date of the
commencement of war (US vs. Lagnason, dissenting opinion wapak)
5) War must be directed against the government
II. Adhering to the Enemy and Giving them Aid and Support
- adherence means intent to betray. It could be emotional or intellectual attachment or sympathy.
Aid or comfort - is an act which strengthens or tends to strengthen the enemy in the conduct of war against the
traitors country.
Note: Adherence without giving the enemy aid or comfort does not constitute treason. (Ex. Believing that the

Japanese are invincible will not constitute treasonable act)

Example of Aid and Comfort without adherence - selling to the enemy alum crystals and water pipes does
not constitute treason because the materials are not exclusively for war purposes and their sale does not
necessarily carry an intention to adhere to the enemy. (People vs. Agoncillo)
CASES:
1. People vs. Paar - the act of giving information to the enemy constitutes not only giving aid and comfort but
also adherence
2. People vs. Mangahas - The act of commandeering foodstuffs for the Japanese soldiers is sufficient proof of
adherence to the enemy.
3. People vs. Perez - commandeering of women to satisfy the lust of the enemy is not treason
4. People vs. Fernando - serving as an informer and active member of the Japanese Military Police, arresting
guerilla suspects is a specific act of aid or comfort
5. People vs. Munoz - serving as agent or spy and participating in the raid of guerrilla hideout also a specific
act of aid or comfort
6. People vs. Nunez - Acting as finger woman pointing out to the Japanese several men whom she accused as
guerillas
7. People vs. Canibas) Taking active part in the mass killing of civilians by the japanese soldiers by personally
tying the hands of the victims.
8. People vs. Adriano - being a Makapili member, by its nature gave the enemy aid and comfort.
Must the act actually strengthen the enemy - no, the aim for which the act is perpetrated, that determines the
commission of treason.
IMP: Is accepting a public office and discharge of official duties under the enemy constitutes treason?
GR: No. Although it somehow gave aid and comfort to the Japanese, adherence to them is not proven
EXC: When they hold highly responsible position and policy-determining because they define the norm of
conduct that all the offices and officials under the departments had to adopt and enforce.
Is membership in the police force during occupation of the japanese an act of treason?
- No, but active participation with the enemies in the apprehension of guerrillas and infliction of ill-treatments
makes it treasonable. (People vs. Dizon)
Arresting guerillas due to the commission of a crime of arson, is this treason?
- no, the institution was intended to promote and preserve law and order were essential, during war, to the life
of the civilian population. (People vs. Castor; People vs. Dumapit)
Is there treason through negligence?
- no, the overt act of aid and comfort must be intentional.
IMP: Is there a complex crime of treason with murder, physical injuries, etc.?
A: The murder and physical injuries were inherent in the crime of treason characterized by the giving of aid
and comfort to the enemy. No. Mass murders, arson and robberies and those deeds or physical activity were
charged an element of treason (giving the enemy aid or comfort), they become identified with the crime of
treason and cannot be subject of a separate punishment or used in conjunction with treason to increase the
penalty (People vs. Prieto) Raping and illegal detention are also element of treason when pursued for such
purposes.
Note: The prosecutor may elect murder, robbery etc., instead of relying on them as an element of treason.
(Significance: The two-witness rule)
Can a Filipino citizen commit treason abroad?

- Yes, because 114 states in the Philippines or elsewhere

Can an alien commit treason abroad?
- No, because the law provides that an alien must be residing in the Philippines.
TREASON IS A CONTINUOUS OFFENSE, what does this mean?
- this means that treason may be committed by a series of acts, or by several series, not only in a single time
but in different times.
- proof of one count is sufficient for conviction.
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. (Article 114 par. 2)
Ways of Proving Treason
1. Testimony of TWO witnesses, at least, to the SAME over act; or
2. Confession of the accused in OPEN COURT.
Note: This means that in proving treason, circumstantial evidence as well as extrajudicial confession are not
considered.
PROVING AID AND COMFORT
What does the testimony of the two witnesses prove?
- The overt act of giving aid and comfort. Adherence is not an overt act.
Is it required that the witnesses testimony be identical?
- No, but it must point to same overt act. Example, one witness heard a gun report and saw a smoking gun in
the hand of the accused and saw the victim fall. While the other witness, who was deaf, saw the accused raise
and point the gun and then saw a puff of smoke from it.
Note: Both witnesses must be believed by the court. It is sufficient that the witnesses are uniform in their
testimony on the overt act but it is not necessary that there be corroboration between them on the point they
testify. In other words, the two witness rule is not affected by discrepancies in minor details of the testimony.
PROVING ADHERENCE
1. By ONE witness
2. From the nature of the act itself; or
3. From the circumstances surrounding the act
Note: Adherence to the enemy may be inferred from his act of arresting persons suspected of being guerillas,
his being armed, and his being in company with armed Japanese soldiers (People vs. Icaro and People vs.
Barnardino). This means that circumstantial evidence may be sufficient.
AGGRAVATING CIRCUMSTANCE
A. Cruelty and Treason
1. Cruelty - subjecting guerilla suspects to barbarous forms of torture before putting them to death; and
2. Ignominy - by stripping the wife and abusing her in the presence of her husband.
Note: Attendant crimes like rape, robbery, murder or physical injuries are regarded as ignominy and cruelty.
Evident premeditation is not aggravating in treason. And superior strength and treachery are circumstances
inherent in treason.

DEFENSE AVAILABLE TO THE ACCUSED

1. Obedience to a DE FACTO Government
2. Duress and
3. Uncontrollable fear
Can accused use the defense of suspended allegiance and change of sovereignty?
A: No. Because the citizen owes absolute and permanent allegiance to his government, (a resident alien has
temporary allegiance to the state where he resides). The sovereignty of a government cannot be transferred to
the enemy by mere occupation.
Q: Accused, a makapili, considered himself a member of the Japanese armed forces. Relying on the
Commonwealth Act No 63 providing that a filipino may lose his citizenship xxx by accepting commission in
the military, naval or air service of a foreign country xxx. He claimed having lost citizenship by joining the
army of the enemy. Can he be liable for Treason?
A: No. The accused cannot divest himself of citizenship by such simple acceptance of commission because if
the contention of the accused would be sustained, his very crime would be the shield that would protect him
from punishment.
Article 115. CONSPIRACY AND PROPOSAL to commit treason
How are they committed
1. Conspiracy to commit treason - when in time of war, 2 or more persons come to an agreement to levy war
against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it.
2. Proposal to commit treason - when in time of war a person who has decided to levy war against the
government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other
person or persons.
Article 116. MISPRISION OF TREASON
Elements
1. That the offender must be owing allegiance to the Government, and not a foreigner;
2. That he has knowledge of any conspiracy (to commit treason)
3. That he CONCEALS or DOES NOT DISCLOSE and make known the same as soon as possible to the
GOVERNOR, FISCAL of the province or the MAYOR or FISCAL of the city in which he resides.
Can a resident alien commit this crime?
- No, because the law specifies that he must not be a foreigner
Article 20 exempting spouses, relatives from crime if done by an accessory does not apply in this case,
although the act of concealing is an accessory act, because in this article he is liable as principal.
Article 117. ESPIONAGE
Two Ways of Committing Espionage
1. By entering, without authority thereof, a warship, fort, or naval or military establishment or reservation to
obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the
Philippines.
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information
referred to in paragraph No. 1 of Article 117, which he had in his possession by reason of the public office he
holds.
Elements of #1:
1) the offender (any person: citizen/foreigner/private/public) enters any of the place mentioned;

2) That he has no authority therefor;

3) His purpose is to obtain information, plans, photographs other data of confidential nature relative to the
defense of the Philippines.
Elements of #2:
1) the offender is a public officer
2) That he has in his possession the articles, data or information referred to in paragraph No.1 of Article 117,
by reason of the public office he holds;
3) That he discloses their contents to a representative of a foreign nation.
For #1:
1. Is it necessary that the information is obtained?
- No, it is sufficient that he has the purpose to obtain any of them when he entered a warship, fort, or naval or
military establishment.
See CA No 616 - sets forth their other acts of espionage.
Article 122. PIRACY
Two Modes of committing Piracy
1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By seizing in the vessel while on high seas or in Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement or passengers.
Elements of Piracy
1. The vessel is on the high seas or in Philippine waters;
2. That the offenders are not members of its complement or passengers of the vessel;
3. That the offenders (a) attach or seize that vessel or (b) seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or passengers.
Piracy - is robbery or forcible depredation on the high seas, without lawful authority and done with animo
furandi and in the spirit and intention of universal hostility
People vs. Catantan - the accused boarded the boat and it was then when they used force to compel the
Pilapils to take them to some other place. Finding another pump boat, they left the defendants boat. They
argued they did not seize or attack the fishing boat and that they have no intention of permanently taking
possession or depriving complainants of their boat They argued that they should not be liable for piracy
because they simply committed grave coercion. The SC hold them liable for piracy. According to the SC
although the complainants were compelled to go elsewhere other than their place of destination, such
compulsion was obviously part of the act of seizing their boat.
Mutiny - is usually committed by the other members of the complement and may be committed by the
passengers of the vessel.
- it is the unlawful resistance to a superior officer, or the raising of commotions and disturbances
.