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Conspiracy and proposal to commit treason, A115 Revised Penal Code

1. Concept

Art. 115. Conspiracy and proposal to commit treason; Penalty – The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prisión mayor and a fine not exceeding Two million pesos (₱2,000,000), and prisión correccional and a fire not exceeding One million pesos (₱1,000.000). (Act No. 3815, Revised Penal Code, as amended by R.A. 10951)

2. Modes of commission

2 modes of commission:

1) Conspiracy to commit treason; and

2) Proposal to commit treason.

a. Conspiracy to commit treason;

Elements:

1) There is a war; and,

2) The offender conspired to commit the crime of treason. (Article 115, Act No. 3815, Revised Penal Code)

b. Proposal to commit treason.

Elements:

1) There is a war; and

2) The offender proposed to commit the crime of treason. (Article 115, Act No. 3815, Revised Penal Code)

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