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1 Art 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 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 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. Death penalty may no longer be imposed (RA 9346) Death penalty has been commuted to reclusion perpetua without parole. o Parole- Early release of a prisoner who is then subject to continued monitoring as well as compliance with
certain terms and conditions for a specified period. Two Kinds of Treason o Levying war o Adherence to enemy Treason in its general sense is the violation of allegiance to the sovereign. Sedition is the raising of commotions or disturbances in the State Treason may be committed abroad as indicated by the word elsewhere. Treason is a war crime not an all-time offense; cannot be committed in peacetime (There are no traitors during peacetime)

Treason is a continuous offense o Treason is committed by Executing a single, or several intentional overt acts, different or similar but distinct. o Offender is not liable for the overt acts he committed; all overt acts constitute a single offense. o It may be prosecuted in any province where any of its elements occurred. No complex crime of treason an element of treason may be an act punishable; but as an element of treason, it cannot be the subject of a separate punishment. o Murders and physical injuries are absorbed; does not render it complex. o Prosecution, though, may choose to press separate charges; but the elements cannot be used to increase the penalty. The manner of carrying out these elements may, however, be considered as aggravating. Treason 2 witness proof to the same over act or confession in open court Capital Offense Rebellion May be proved like ordinary crimes Not a capital offense May constitute the treason of levying a war, yet they may be rebellion not amounting to war. If the levying of a war is with a foreign enemy, then it is treason If civil uprising only, it is merely rebellion

Treason and Illegal Detention Elements of treason of adherence o Adherence to the enemy o Rendering him aid and comfort by means of overt acts; moral support is not tantamount to treason. o Someone may help with the strikes and strategies; but if there is no adherence, there is no treason. Adherence (state of mind) is not sufficient; Overt act must be present.

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2 Supplying women for immoral purposes is not treason - Aid and comfort must be in line with the enemies function and not on their being individuals Two-witness proof for the overt act Must be adhered to as to each and everyone of all the external manifestations of the overt act in issue. o Purposely severely restrictive, making treason difficult to prove. o Must refer to the same act; each bit must have the support of oaths o Corroboration is necessary but not always; as long as the testimonies are uniform, it is admitted. Two-witness proof is not necessary for adherence o Treasonable intent may be gathered from the testimony of one witness or from the nature of the act or from the circumstances of the case. o Adherence may be implied in the act of giving information to the enemy (proving through overt acts) Makapili is a treacherous organization o Being Makapili is an overt act but two witnesses must testify to the overt act of being a Makapili It is unnecessary, except for increasing the penalty, that the accused went to battle or committed nefarious acts against his country. o Such membership already gave aid in comfort; enemy derived psychological comfort knowing that he has allies. Two-witness should be employed to testify regarding the perpetration of the same treasonous overt act. o The sameness must refer to the precise act which was perpetrated and not on the mere identity of kind or nature of the act. doing of guard duty on the same date. Separate dates = distinct acts Allegation of overt acts in general terms does not preclude conviction for treason Speech not considered treasonous those deliever by officials who were playing ball with the Japanes in order to retain the latters confidence. Service in the puppet government not amounting to treason o Mere acceptance of a commission as lieutenant of the Philippine Constabulary during the Japanese time or the rendering of services as such was not an overt act constituting adherence to the enemy. The main purpose was only for the preservation of peace and order during the war. o Those who refused to cooperate in the face of danger, were patriotic citizens; but it does not follow that the faint-hearted who gave in were traitors. Sale of certain goods to the enemy was held not to be treason some goods are not always for war purposes. Where two probabilities arise from the evidence, the one compatible with the presumption of innocence will be adopted. Confession in an open court - ?? Proof of Philippine citizenship - It is incumbent upon the prosecution to prove it. o A Filipino does not lose his citizenship by adhering to the enemy country.

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