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BOOK TWO

Treason Treason cannot cannot be be committed committed in in time time oo

CRIMES CRIMES AND AND PENALTIES PENALTIES NOTES NOTES TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes against national security The The crimes crimes against against national nationalsecurity security are: are: 1. Treason. (Art. 114) 2. 2. Conspiracy Conspiracy and and proposal proposal to to commit commit treason. treason. (Art. (Art. 115) 115)

Treason Treason is is aa war war crime. crime. ItIt is is not not an an all-tim all-tim be be committed committed in in peace peace time. time. While While there there is is traitors. traitors. Treason Treason may may be be incubated incubated w w Treasonable acts may may actually actually be be perpet perpet butthere butthere are no traitors until war has star As treason is basically a war crime, crime, it is p as a measure of self-defense self-defense and self-pr of oftreason treasonisis an anemergency emergencymeasure. measure. ItIt re re the the emergency emergency arises. arises. But But as as soon soon aa relentlessly put put into effect. effect.

3. Misprision of treason. (Art. 116) 4. Espionage. (Art. 117) Crimes against the law of nations. nations. The The crimes crimes against against the the law law of of nations nations are: are: 1. 1. Inciting Incitingto to war war or or giving giving motives motives for for reprisals. reprisals. (Art. (Art. 118) 118) 2.Violation of neutrality. (Art. 119) 3.Correspondence 3.Correspondencewith with hostile hostilecountry. country. (Art. (Art.120) 120) 4.Flight to enemy's country. (Art. 121) 5.Piracy 5.Piracy in in general general and and mutiny mutiny on on the the high high sea sea ss or or in in Philippine waters. (Art. 122)

TREASON Elements of treason 1. That the offender is a Filipino citizenor citizenor an alien alienresidingin residingin the Philippines; 2. That there is a warin warin which the Philippines is is involved; involved; 3. That the offender either  a. levies waragainst waragainst the Government, or adheres adheresto to the enemies, giving them aid or comfort. —

Treasonis Treasonis a breach of allegianceto allegianceto a government, committed by by aa person person who who owes owes allegiance allegiance to to it. it. Treason, Treason,in inits itsgeneral generalsense, sense,isis the theviolation violationby byaasubject subjectof ofhis his allegiance allegianceto tohis hissovereign sovereignor orto tothe thesupreme supremeauthority authorityof ofthe the State. Executive Order No. 44 44  amended Article 114. Now, as amended, amended, the the Revised Revised Penal Penal Code Codepunishes a resident alien alien who commits treason.

Two modes of committing treason (3rd) 1. By levying war against the Governmen Go vernmen 2. 2. By By adhering adhering to to the the enemies enemies of of the the Phil Phil aid or comfort. (1.)Levying (1.)Levying warrequires  requires the the concurrenc concurrenc

There There must must be be an an actual actual assembling assembling enlistment of mento mento serve against the go amount to levying war, war, because becausethere thereis isnn of men. Case: US vs. De los Reyes Reyes- Upon of of the the accused, accused, the the Constabula Constabula captain's captain's commission commission under under seal sea mere mere acceptance acceptance of of the the com com secretary of war of the the Katipu Katipu accused, accused, nothing nothing else else having having be be overt overt act act of of treason treason within within the the m m But if a body of men be actually assemble effecting effectingby by force forceaatreasonable treasonabledesign, design,al al any part, part, however howeverminute, minute,or orhowever howeverrem re act act conspiracy, conspiracy,are are to tobe be consider consider

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How How to to prove prove the the offender offender is is aa Filipino Filipino Citizen? Citizen? (1st) 1. Prison record 2. Testimony of witnesses who know him to have been born born in in the the Philippines Philippines of of Filipino Filipino Parents Parents (Review (Review Citizenship Citizenship under under 1987 1987 Constitution) Constitution)

The The first first element element of of treason treason is is that that the the offender offender owes owes

In In treason treason by by levying levying war, war, itit is is not not nece nece aa formal formal declaration declaration of of the the existence existence oo justify justify the theconclusion conclusion that that those thoseengaged engaged levying levying war war and and therefore therefore guilty guilty of of treaso treaso may may determine determine the the date date of of the the commenc commenc The The war war must must be be directed directed against against the th levying of war must be with the intent inten governmentas governmentas such, such, not not merely merely to to resist resis

The The first first element element of of treason treason is is that that the the offender offender owes owes allegianceto allegianceto the Government of the Philippines. Philippines. By the term "allegiance" is meant the obligation offidelity offidelityand and obedience obedience which which the the individuals individuals owe owe to to the the government government under under which which

or or to torepel repelaa particular particular officer. officer. An organizedattempt  attempt on on the the part part of of pers pers i b dt th dd t th t

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treason by levying warbecause warbecause thepublic thepublic uprising is not directed directed against against the the government government. Is Is it it necessary necessary that that the the purpose purpose of of levying levying war war is to deliver the the country country in in whole whole or or in in part part to to the the enemy? enemy?

Giving Giving information information to, to, or or commandee commandee the the enemy enemy isis evidence evidence of of both both adhe adh comfort.

Yes. Yes. Levying war as an act of treason must be for the purpose of executing a treasonable design by force. force. Although in stating the the acts acts constituting constituting treason, treason, Art. Art. 114 114 uses uses the the phrases phrases (1) (1) "levies "levies war war against" against" the the Government Government of of the the Philippines Philippines or or (2) (2) "adheres "adheres to" to" the the enemies enemies of of the thePhilippines, Philippines, "giving "giving them them aid aid or comfort," it does not mean that that adhering adhering to to the the enemies enemies is is required required only only in in the the second second mode mode of of committing committing treason. treason. Since Since levying levyingwar war against against the theGovernment Government is is also also punished punished as rebellion, rebellion, there there must must be be aa difference difference between between treason treason committed committed by by levying levying war warand and rebellion. rebellion.

Extent of aid or comfort: It must be activity, not merely a mental operation. It has haspassed passedfrom fromthe the realm realmof of thought thoughtinto into

If the levying of war is merely a civil uprising, uprising, without any intention intention of of helping helping an an external external enemy enemy, the crime is not treason. treason. The The offenders offenders may may be be held held liable for rebellionunder rebellionunder Art. Art. 135 135 in in relation relation to to Art. Art. 134 134 of of this this Code. Code. (2.) (2.) Requirements Requirements of of the the second way way or or mode mode of of committing treason: treason: In the second way or mode of committing treason, (1) adherence adherence and (2) giving aid or comfort to the enemy must concur together. together. Adherence alone, without giving aid or comfort to the enemy, is not sufficient to constitute treason. treason. And conversely, aid or comfort alone, alone, without without adherence, adherence, is is not treason. treason. Adherence defined: defined: The phrase "adherence "adherence to the enemy" means intent to betray. betray. There There is is "adherence "adherence to to the the enemy" enemy" when when and andha ha policy Aid or comfort defined: defined: The The phrase phrase "aid or comfort" means an act which strengthens or tends to strengthen the enemyin in the the conduct conduct of of war war against against the the traitor's traitor's country country and and an an act act which weakens or tends to weaken the power of the traitor's countryto to resist or to attack the enemy. Adherence Adherencealone, alone,without withoutgiving givingthe theenemy enemyaid aidor orcomfort, comfort, does not constitute treason: treason: The fact that that the the accused accused had had friendly relations with the Japanese Japanese during the war, openly revealing revealing himself himself sympathetic sympathetic to to the the cause cause of of the the enemy enemy and and also alsobelieving believingin inthe theinvincibility invincibilityof ofthe theJapanese JapaneseArmed ArmedForces Forces does does not constitute in in itself itself treasonable act as denned by law. The Thecrime crime of of treason treason consists consists of of two two elements: elements: (1) (1) adherence adherence to to the the enemy; enemy; and and (2) (2) rendering rendering him him aid aid and and comfort. comfort. Emotional Emotional or or intellectual intellectual attachment attachment or or sympathy sympathy to the enemy, enemy, without without giving giving the the enemy enemy aid aid or or comfort, comfort, is is not not treason. treason. (People (People vs vs Roble Roble 83 83 Phil. Phil. 1) 1) Conversely, Conversely,when whenthere thereis isno noadherence adherenceto tothe the enemy, the act which which may may do do aid aid or or comfort comfort to to the the enemy enemy does does not not amount amount

The The expression expression includes includes such such acts acts as as fu fu with with arms, arms, troops, troops, supplies, supplies, informat informa transportation As a general rule, to be treasonous, treasonous, the e comfort given to the enemies must be to them as enemiesand enemiesand not merely as individ be be directly directlyin in furtherance furtheranceof of the theenemies' enemies' To To make make aa simple simple distinction: distinction: To To lend lend oo enemy as a friend or out of charityto to the bb may buy personal necessities is to assist and andisisnot nottechnically technicallytraitorous. traitorous.On Onthe theot o give give him him money money to to enable enable him him to to buy buy arm arm use use in in waging waging war war against against the the giver's giver's co c strength strength and and by by the the same same count count injures injures government government of of the thegiver. giver. That That is istreason. treason. The The act act committed committed need need not not actual actua enemy: enemy: ItIt is is not not essential essential that that the the effort effort provided provided overt overt acts acts are are done done which which i advance advance the interest interest of of the enemy. enemy. fortno fortno matt e, e, as as long long as a . It is not th but rather the aim for for which which the act wa determines determines the the commission commission of of treason. treason. Commandeering Commandeeringof of women womento to satisfy satisfyth th is not treason: "Commandeering" of wom of of Japanese Japanese officers officers or or men men or or to to enliven enliven held in their honor honor was was not treasoneven treasoneven and the entertainments helped to make l the enemies and boost their spirit; he was than than the the women women themselves themselves would would voluntarily voluntarily and and willingly willingly had had surrender surrende organized organizedthe theentertainments. entertainments.The Theacts actshh not, not,by byfair fairimplication, implication,calculated calculatedto tostren stre Empire Empireor orits itsarmy army or orto to cripple cripplethe thedefen defen the the other other side. side. Whatever Whatever favorable favorable effe eff collaboration collaboration with with the the Japanese Japanese mig mi prosecution prosecution of of the the war war was was trivial, trivial, unintentional. unintentional. (People (People vs. vs. Perez, Perez, supra) supra) Specific acts acts of aid or comfort constitut

to treason ff

The The following followingare are specific specific acts acts of of aid aidor or co co 1. Serving as informer and active mem

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 When Whenthe thearrest arrestof ofpersons personsalleged allegedto tohave have caused caused by by the the accused accused due due to to their their com com crime, like arson, he is not liable for treas

Being Being aa Makapili Makapili constitutes constitutes an an overt overt act act of of psychological psychological comfort: comfort: Being Being aa Makapili Makapili is is in in itself itself constitutive constitutive of of an an overt overt act. act.The Thecrime crimeof of treason treasonwas wascommitted committedifif he he placed placedhimself himself at at the the enemy's enemy's call call to to fight fight side side by by side side with with him him when when the the opportune opportune time time came came even even though though an an opportunity opportunity never never presented presenteditself. itself.Such Suchmembership membershipby byits itsvery very nature naturegave gavethe the enemy aid and comfort. The enemy derived derived psychological psychological comfort comfort in in the the knowledge knowledge that that he he had had on on his his side side nationals nationals of the country with which he was at war. It furnished the enemy enemy aid aid in in that that his his cause cause was was advanced, advanced, his his forces forces augmented, augmented,and andhis hiscourage couragewas wasenhanced enhancedby bythe theknowledge knowledge that that he hecould couldcount counton on men men such such as as the theaccused accusedand andhis his kind kind who who were were ready ready to to strike strike at at their their own own people. people. The The practical practical effect of it was no different from that of enlisting in the invader's invader's army. army. (People (People vs. vs. Adriano, Adriano, 78 78 Phil. Phil. 563; 563; People People vs. vs. Villanueva, 92 Phil. 637) The Makabayang Makabayang Katipunan Katipunan ng ng mga mga Pilipino Pilipino (Patriotic Association Association of of Filipinos), Filipinos), better better known known as as the the Makapili,was Makapili,was a militant militantgroup groupformed formedin inthe thePhilippines Philippinesin in1944 1944during duringWorld World War WarIIIIto togive givemilitary military aid aid to tothe theImperial Imperial Japanese Japanese Army Army

Themere mereacceptance acceptanceof ofaapublic public office office and andthe the discharge dischargeof of the functions and duties duties connected connected therewith, therewith, during during the the Japanese Japanese military military occupation occupation in in the the Philippines, Philippines, do not constitute per se the felony of treason. treason. But admitting that such such acts acts were were really really of of aid aid and and comfort comfort to to the the enemy, enemy, they they can cannot notbe bepunishable punishablein inthis thisparticular particularcase, case,because becausethere thereisis no no satisfactory satisfactory proof proof of of the the adherence adherence of of the the accused accused to to the the cause of the enemy. But But when when the the positions positions to to which which the the accused accused was was appointed appointed were were not not only only highly highly responsible responsible positions positions but but also also policydetermining, determining, because becausethey theydefied defiedthe thenorm normof ofconduct conductthat that all the theoffices officesand andofficials officialsunder underthe thedepartments departmentshe heheaded headedhad had to to adopt adopt and and enforce, enforce, and and helped helped in in the thepropagation of the creed of the invader, and the acts and utterances of the accused accused while while holding holding such such position position were were an an earnest earnest implement implementto tosuch suchpolicy, policy,the theacceptance acceptanceof ofpublic publicoffice officeand and discharge discharge of official official duties constitute treason. treason. Mere Meregovernmental governmentalwork workduring duringthe theJapanese Japaneseregime regimeis isnot not an act of treason: treason: It is now undisputed that mere governmental governmental work work under under the the Japanese Japanese regime regime  and pilotage pilotageservice service may may be be considered considered in in the the same samelight light does not not constitute constituteper perse seindictable indictabledisloyalty disloyalty

The The aid aid or or comfort comfort given given to to the the enemie enemie declaration declaration of of war. war. The The enemies enemies must must foreign power: power: The The aid aid or or comfort comfort given given t be be after after the the declaration declaration of of war warbetween betweenth th term "enemies" applies only to the subjec in in aa state state of of hostility hostility with with the the traitor's traitor's c embrace embracerebels rebelsin in insurrection insurrectionagainst against th th C.J. C.J. 816), 816), because because they they are arestill still citizens citizens an an No treason thru negligence: negligence: The overt ac to to the the enemy enemy must must be be intentional, intentional, as as merely merely negligent negligent or orundesigned undesignedones. ones. Is Is there there aa complex complex crime crime of of treason treason wit wit injuries, etc.? In the case of People vs. Prieto, 80 Phil. 138 besides besides being being aa Japanese Japanese spy, spy, took took part part some someof of the theguerrilla guerrilla suspects suspectsand and in inthe the injuries injuries on on the the others, others, the the Supreme Supreme Cou Cou and andphysical physicalinjuries injuries were were inherent inherent in inth t characterized characterized by by the the giving givingof of aid aid and and com com When When killings killings and and other other common common crim crim overt overt acts acts of of treason, treason, they they cannot cannot bb separate separate crimes, crimes,or or(2) (2) as ascomplexed complexed with with In In treason, treason,the thegiving givingof of aid aidand andcomfort comfort c only by some kind of action a a deed deed or or p deed deedor orphysical physicalactivity activity may maybe be and andoften often offense offense under underanother another penal penalstatute statuteor or pr pr —

Thus, Thus, where where the the accused accused rendered rendered servi serv army army as aa secret agent, agent, informer an performance performanceof ofsuch suchservice, service,he heparticipa participa expeditions expeditions against against guerrillas guerrillas and and commi comm arson arsonand androbberies robberies(People (Peoplevs. vs. Villanueva Villanuev those thosedeeds deeds or orphysical physicalactivities activities (commi (comm arson arson and and robberies) robberies) were were charged charged an an (giving the enemy aid or comfort), they with with the the crime crime of of treason treason and and cannot cannot separate separate punishment punishment or or used used in in conjunct conjunc increase increasethe thepenalty penalty as asprovided providedin in Art. Art.48 48

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Appellant's Appellant's membership membershipin in the the Bureau Bureau of of Constabulary under the government of occupation is not not treason. That institution

When When the the raping raping mentioned mentioned in in the the inf inf alleged alleged not not as as aa specific specific offense offense but but as as m crime of treason and and the the illegal illegaldetention detention of tr...