|

Treason, Revised Penal Code

Posted on Updated on

1. Concept

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 Four million pesos (₱4,000,000).No person shall be convicted of treason unless on the testimony of two (2) 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 act 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 Four million pesos (₱4,000,000). (Act No. 3815, Revised Penal Code, as amended by R.A. 10951)

a. War crime

Treason is a war crime. It is not an all-time offense. It cannot be committed in peace time. While there is peace, there are no traitors. Treason may be incubated when peace reigns. Treasonable acts may actually be perpetrated during peace, but there are no traitors until war has started. (J. Perfecto, Concurring Opinion in Laurel v. Misa, supra.)

2. Modes of commission

2 modes of committing treason:

1) Levyi...

 


Already a subscriber? Log in below. Not yet a member? Subscribe.

 

Legal Resource PH

Learning and resource site for Philippine Laws

Similar Posts

Estafa by fraudulent means, A315(3) Revised Penal Code
|

Estafa by fraudulent means, A315(3) Revised Penal Code

1. Article 315(3), Estafa through fraudulent means a. Legal basis Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 3. Through any of the following fraudulent means: (a) By inducing another, by means of deceit, to sign any document. (b) By resorting…

Alternative circumstances, A15 Revised Penal Code
|

Alternative circumstances, A15 Revised Penal Code

1. Concept Alternative circumstances – refers to circumstances wherein they may be appreciated as an aggravating circumstance or a mitigating circumstance depending on the conditions. a. Legal basis Article 15. Their concept. – Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the…

Intriguing against honor, A364 Revised Penal Code

Intriguing against honor, A364 Revised Penal Code

To cause an intrigue is to arouse an atmosphere of unwarranted interest or curiosity, or in some cases, suspicion, over another person. 1. Concept Intriguing against honor – refers to “any intrigue which has for its principal purpose to blemish the honor and reputation of a person.” (Betguen v. Masangcay, En Banc, A.M. No. P-93-822,…

Question VIII, Political Law, 2018 Bar Exam

Question VIII, Political Law, 2018 Bar Exam

Two petitions for the cancellation of Certificate of Candidacy (CoC)/Denial of Due Course were filed with the Comelec against two candidates running as municipal mayors of different towns. The first petition was against Anselmo. Years ago, Anselmo was charged and convicted of the crime of rape by final judgment, and was sentenced to suffer the…

Judicial review, Constitutional Law

Judicial review, Constitutional Law

1. Requisites Requisites for the exercise of the power of judicial review:1) There must be an actual case or justiciable controversy before this Court;2) The question before this Court must be ripe for adjudication;3) The person challenging the act must be a proper party; and4) The issue of constitutionality must be raised at the earliest…