Title Prosec. Garcia 2025 Finals.pdf ✅

March 26, 2025 TITLE ONE Crimes Against National Security and the Law of Nations CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY ARTICLE 114 Treason 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 20,000 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. ELEMENTS OF TREASON 1. That the offender is a Filipino citizen or a foreigner residing in the Philippines; 2. That there is a war wherein the Philippines is involved; and 3. That the offender either: a. Levies war against the Philippine government; or b. Adheres to the enemies by giving them aid or comfort. AVG: Based on the first element, the offender can either be a Filipino citizen who owes permanent allegiance to the Philippine government, or he can be an alien residing in the Philippines who owes temporary allegiance to the Philippine government. The second element requires that there is a war in which the Philippines is involved. The Supreme Court said treason is a wartime offense. ● It cannot be committed in times of peace because treason is an act of self-defense, an act of self-preservation of the Philippine government against traitors. In times of peace, there are no traitors. ● Hence, in times of peace, treason remains to be a dormant crime. However, the moment war erupts, treason is immediately put into effect as an act of self-defense of the Philippine government. The third element requires that the offender either: (Editor’s note: this is also the two ways of committing treason). Page 1 of 342
(1)Levies war against the Philippine government; or (2)Adheres to the enemies by giving them aid or comfort. ELEMENTS OF LEVYING WAR AGAINST THE PHILIPPINE GOVERNMENT 1. There must be an actual assembly of men for the purpose of affecting a treasonable design by force 2. The said traitors connived, conspired with the enemy troops in order to hand over the Philippine government Adhering to the enemies by giving them aid or comfort Adhering to the enemies means that the said offender intellectually and emotionally favors the enemy. It is an internal state of the mind. It cannot be seen. ● Hence, it is necessary that since he favors the enemies, he must perform acts in support of said enemies – by giving said enemies confidential information, providing them with arms and weapons, providing them with means of transportation. ● Anything that will strengthen the defense of the enemy and will weaken the defense of the Philippines. TWO WAYS OF PROVING TREASON 1. Two Witness Rule ● By the testimony of two witnesses at least to the same overt act ● The two witnesses must corroborate each other as to the act done by the accused 2. Open Court Confession of Guilt ● A judicial confession of guilt ILLUSTRATION: X, a Filipino citizen of Chinese descent, assisted the Chinese government in surveying and determining the most secure shores in the Philippines. X all along thought he was helping the Philippine government. He was told by the Chinese government to prepare geodetic maps and he thought that these geodetic maps would be transmitted to the Philippine government. The moment the maps were completed, the Chinese military vessels entered the Philippine Scarborough Shoals and set up stations in different islands using the geodetic maps made by X. Because of this, X was charged with the crime of treason under Art. 114. To prove their case, two witnesses were presented in court – First, the helper of X, who is Y, and second, the gardener of X, who is Z. ● Y testified that he saw X in numerous meetings with the Chinese Government although according to Y, she does not understand Chinese. ○ So yes, she saw them talking but she doesn’t know what they are talking about because she doesn’t understand Chinese. Page 2 of 342

TREASON (ART. 114) MISPRISION OF TREASON (ART. 116) Treason may be committed by both a Filipino citizen and a foreigner. Misprision of Treason can only be committed by a Filipino citizen. “Filipino Citizen” – one who owes permanent allegiance to the Philippine Government. In terms of war in which the Philippines is involved, we Filipino Citizens are mandated, obligated by law to report, to disclose, to make known as soon as possible to the proper authorities in our city, in our municipality, a conspiracy to commit treason. ● The moment you have knowledge of a conspiracy to commit treason, we are obligated to immediately disclose it, to immediately divulge it as soon as possible to the nearest proper authorities. ● Failure to do so, any Filipino Citizen can become liable for misprision of treason. ARTICLE 117 Espionage ART. 117. Espionage — —The penalty of prision correccional shall be inflicted upon any person who: (1)Without authority therefor, enter 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 defence of the Philippine Archipelago; or (2)Being in possession, by reason of the public office he holds, of the articles, data or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. The penalty next higher in degree shall be imposed if the offender be a public officer or employee. TWO WAYS OF COMMITTING ESPIONAGE: (1)By entering any warship, fort, naval, military establishment, or reservation, without authority therefore for the purpose of obtaining any information, plans, photographs, or other information of a confidential nature relative to the defense of the Philippines; and (2)By disclosing to a representative of a foreign nation, the contents of the articles, data, other information which he has in his possession by reason of the public office that he holds. Page 4 of 342