TITLE ONECRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

ART. 114: TREASON

ELEMENTS:

1.that the offender is a Filipino citizen or an alien residing in the Philippines;2.that there is a war in which the Philippines is involved;3.that the offender eithera.levies war against the govt, orb.adheres to the enemies, giving them aid and comfort

TREASON DEFINED: a breach of allegiance to a government, committed by a person who owes allegiance to it.

It is a violation by the subject of his allegiance to his sovereign or to the supreme authority of the State.

E.O. 44 amended Art.114 in that prior to this order, only Filipino citizens are held liable for treason

-under EO 44, resident aliens may now be held liable for Treason.

-Allegiance is the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive.

-Allegiance referred to in the crime of Treason may be permanent or temporary.

-Treason cannot be committed in time of peace; it is a war crime.

-Treasonable acts may actually be perpetrated during peace, but there are no traitors until war has started.

-Treason is punished by the State as a measure of self defense and self preservation. The law of Treason is an emergency measure.

Two modes of committing Treason:

1.Levying war against the government-Levying war requires the concurrence of:a.An actual assembling of men;b.The purpose of which is to execute a treasonable design by force.-The levying of war must be with the intent to overthrow the government and not merely to resist a particular statute or to repel a particular officer.-The levying of war must be in collaboration with a foreign enemy, otherwise the offender shall be held liable for Rebellion and not for Treason.