Treason, Revised Penal Code

1. Concept

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) Levying war against the Philippines; or,

2) Adhering to the enemies, giving them aid or comfort within the country or elsewhere.

a. Levying war

Elements:

1) There is a war;

2) The offender owes allegiance to the Government of the Philippines (for resident aliens: temporary allegiance); and

3) He levied war against the Philippine Government. (Article 114, Act No. 3815, Revised Penal Code)

The acts of violence committed by an armed body of men with the purpose of overthrowing the Government is levying war against the Government and is thus treason, whether it was done by ten men or ten thousand. (United States v. Lagnason, En Banc, G.R. No. 1582, 28 March 1904, citing United States v. Hanway, 2 Wall., jr., 139; 26 Fed. Cases, 105)

1) Versus rebellion

Treason via levying war is for the intent of helping an external foreign enemy. Otherwise, it is rebellion.

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People v. Bernardino

G.R. No. L-3607, 27 August 1953

While the evidence does not show that appellant-accused had himself laid hands on either Valdez or De la Rosa, there is no denying the fact that he was present when they were maltreated, that he took active part in the investigation, and that it was he who had Valdez and De la Rosa apprehended and detained under guard in the house of Juan Fausto. These facts were established by the combined declaration of Valdez and De la Rosa, who testified to the same overt acts which took place before they were separated for further investigation. In addition there is also proof of appellant’s adherence to the enemy, for he had been seen armed and dressed in Japanese military uniform and to be among those who surrounded and guarded the guerrillas when the latter surrendered in mass in 1943.

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b. Adhering to the enemies, giving aid or comfort

Elements:

1) There is a war;

2) The offender owes allegiance to the Government of the Philippines (for resident aliens: temporary allegiance); and

3) He adheres to their enemies, giving them aid or comfort within the country or elsewhere. (Article 114, Act No. 3815, Revised Penal Code)

“Enemy” – means a foreign enemy and does not include a rebel. United States v. Lagnason, supra.)

1) Allegiance of a resident alien

An alien while domiciled in a country owes it a temporary allegiance, which is continuous during his residence. (J. Perfecto, Concurring Opinion in Laurel v. Misa, En Banc, G.R. No. L-409, 30 January 1947, citing Carlisle vs. United States, 83 U.S. [16 Wall.], 147, 154; 21 Law ed., 426)

2) Joining a Makapili organization

The mere fact of having joined a Makapili organization is evidence of both adherence to the enemy and giving him aid and comfort. Unless forced upon one against his will, membership in the Makapili organization imports treasonable intent, considering the purposes for which the organization was created, which, according to the evidence, were “to accomplish the fulfillment of the obligations assumed by the Philippines in the Pact of Alliance with the Empire of Japan;” “to shed blood and sacrifice the lives of our people in order to eradicate Anglo-Saxon influence in East Asia;” “to collaborate unreservedly and unstintedly with the Imperial Japanese Army and Navy in the Philippines;” and “to fight the common enemies.” (People v. Adriano, G.R. No. L-477, 30 June 1947)

3) Commandeering of women

Commandeering of women to satisfy the lust of Japanese officers or men or to enliven the entertainment held in their honor was not treason even though the women and the entertainment helped to make life more pleasant for the enemies and boost their spirit; he was not guilty any more than the women themselves would have been if they voluntarily and willingly had surrendered their bodies or organized the entertainment. Sexual and social relations with the Japanese did not directly and materially tend to improve their war efforts or to weaken the power of the United State. The acts herein charged were not, by fair implication, calculated to strengthen the Japanese Empire or its army or to cripple the defense and resistance of the other side. Whatever favorable effect the defendant’s collaboration with the Japanese might have in their prosecution of the war was trivial, imperceptible, and unintentional. Intent of disloyalty is a vital ingredient in the crime of treason, which, in the absence of admission, may be gathered from the nature and circumstances of each particular case. (People v. Perez, En Banc, G.R. No. L-856, 18 April 1949)

3. Two-witness rule

GENERAL RULE: 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. (Paragraph 2, Article 114, Revised Penal Code)

EXCEPTION: Adherence, unlike overt acts, need not be proved by the oaths of two witnesses. Criminal intent and knowledge may be gathered from the testimony of one witness, or from the nature of the act itself, or from the circumstances surrounding the act. (People v. Adriano, En Banc, G.R. No. L-477, 30 June 1947)

4. Continuing crime

The crime of treason may be committed by executing, either a single, or several intentional overt acts, different or similar but distinct, and for that reason it may be called or considered a continuous offense. A person who commits treason is not criminally responsible for as many crimes of treason as overt acts he has intentionally committed to aid the enemy. All overt acts he has done or might have done for that purpose constitute but a single offense. (Guinto v. Veluz, En Banc, G.R. No. L-980, 21 December 1946)

4. No complex crime for treason

In the nature of things, the giving of aid and comfort can only be accomplished by some kind of action. Its very nature partakes of a deed or physical activity as opposed to a mental operation. This deed or physical activity may be, and often is, in itself a criminal offense under another penal statute or provision. Even so, when the deed is charged as an element of treason it becomes identified with the latter crime and can not be the subject of a separate punishment, or used in combination with treason to increase the penalty as article 48 of the Revised Penal Code provides. (People v. Prieto, En Banc, G.R. No. L-399, 29 January 1948)