CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Under the crimes against national security we have 4 crimes:

Treason (114)

Conspiracy and proposal to commit treason (115)

Misprision of treason (116)

Espionage (117)

Under the crimes against the law of nations, we have:

Inciting to war or giving motives for reprisals (118)

Violation of neutrality (119)

Correspondence with hostile country (120)

Flight to enemy’s country (121)

Piracy in general and mutiny on the high seas or in Philippine waters (122)

Crimes against national security, specifically treason under Article 114, these crimes are considered crimes that can be
committed when our country is at war. When our country is at war with another country, these crimes specifically these crimes
under 114, 115, 116, 117, is already operational because the country is at war with another, an enemy country. But when our
country is not at war with any other country, these particular crimes under crimes against national security are considered
dormant. They become active only when the Philippines is at war. <JRAA jokes about kanus-a atong guerra with China> Until our
country will be at war with any other country like China, these crimes enumerated as crimes against national security shall remain
dormant.

So in one specific period in our history, when did we have these crimes? When were these crimes active? During World
War II, when the Japanese invaded our country. <JRAA jokes about when will we be invaded by another country>

Almost all of these crimes are committed during times of war, except the following which can be committed during
times of peace:

Espionage

Inciting to war or giving motives for reprisals

Violation of neutrality

These particular crimes can be committed even during peace time.

Article 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
4,000,000 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.
Likewise, an alien, residing in the Philippines, who commits acts 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 4,000,000 pesos. (As amended by Sec 3, R.A. No.
10951)

Elements of treason:

1. Offender owes allegiance to the Republic of the Philippines

2. The Philippines is at war with another country

3. The offender any of the following overt acts:

a. Levies war against the duly constituted authorities or against the forces of the government

b. Adheres to the enemy country, giving said enemy country aid or comfort

When one lives in the Philippines either as a citizen or a resident alien, you owe allegiance to the Republic of the
Philippines. Either as a citizen or a resident alien, said individual is presumed to owe allegiance to the government of the
Philippines. The individual is under obligation to remain faithful and loyal to the government. When that individual fights the
forces of the government of the Republic of the Philippines, by levying war or adheres to the enemy by giving the enemy aid or
comfort, the effect is, he has breached his allegiance to the Republic of Philippines and such infidelity is called treason. Infidelity
does not only refer to your spouse, husband or wife. There is also infidelity with reference to our relationship with our country.
If you breach that allegiance and you commit infidelity, that infidelity is called treason <layman’s term for treason, traitor,
traydor>. That’s why during the Japanese time, if you are traitor, there is a stigma to your name including your children. It is
carried over by the family name. <JRAA story about Laurel as traitor during Japanese time, changes of time and Japanese
descendants> Treason, therefore is a breach of allegiance committed by a person against the government.

Originally, treason is committed only by a Filipino citizen. The original concept is to the effect that only Filipino citizens
owe their country allegiance. But in the course of time, history has taught mankind, in particular the Filipinos that such theory is
impractical and has not pragmatic value. So as of May of 1945, E.O. 14 [BIA: I think JRAA meant E.O. 44] was promulgated
introducing an amendment to Article 114 declaring that resident aliens shall henceforth be liable for the crime of treason.
Because of the amendment, allegiance has earned a secondary meaning. It used to be that there is only permanent allegiance,
now allegiance can be temporary.

It is essential to note that as it can be committed only during war time where the Philippines must be necessarily
involved. As treason is basically considered a war crime, it is made punishable by the state as a measure of self-defense and
selfpreservation. In the old case of Laurel vs. Misa (77 P 865), the SC declared that “the law on treason is an emergency measure.
It remains dormant until the emergency arises, but as soon as the war starts it is relentlessly put into effect. While in a state of
hibernation during peace time, it asserts its authority as a selfpreserving measure when actual hostilities begin.” This is the reason
why all our decided cases in the SC involve acts committed by the accused during WWII between 1941-1945, acts committed
during this period, mao ni atong tutukan ug basa.

Permanent Allegiance Temporary Allegiance

 It is demanded from us as citizens that we owe permanent But resident aliens are required to owe temporary allegiance
allegiance to the government. for as long as: they are here in the Philippines, receiving the
same benefits as that of an ordinary Filipino citizen, then,
therefore, they owe temporary allegiance to the Philippines.

Treason cannot be committed in times of peace. It is not an alltime offense. It is seasonal as it can be committed only
during war time where the Philippines must necessarily be involved, just like the Japanese times. As treason is basically a war
crime, it is made punishable by the state as a measure of self-defense and self-preservation. Meaning the theory of self-defense
is not only available to an individual who is being attacked, can also be applicable even to states. <JRAA story about homicide
with 18 wounds and self-defense, invoking self-defense and the implicit admission of killing, remember the rule in self-defense:
reverse trial>

Take note, the first element says the offender owes allegiance to the Republic of the Philippines. As I have said earlier,
allegiance may either be permanent or temporary. Where does permanent allegiance require? Who is required? Filipino Citizens.
What about temporary allegiance? Resident Aliens. So if you are an American residing here in the Philippines and you owe
permanent allegiance to your country, since you are residing here in the Philippines, then you owe temporary allegiance.

Why is it that treason is punishable? It is made punishable by the state as a measure of self-defense and self-
preservation.

Permanent Temporary Allegiance

Allegiance

It is demanded from us as citizens But resident aliens are required to owe temporary allegiance for as long as: they are
that we owe permanent here in the Philippines, receiving the same benefits as that of an ordinary Filipino citizen,
allegiance to the government.
then, therefore, they owe temporary allegiance to the Philippines.

The ways of committing the crime of treason:

1. By levying war against the duly constituted authorities or against the forces of the government

2. By adhering to the enemies of the Philippines, giving them aid or comfort

The term “levies war” means overt acts which translate into action emotional or intellectual sympathies of the offender
towards the enemy country. It is manifested by the actual assembly of men who will engage the forces of the government. Murag
rebellion ba. Meaning multitude of men will rise up, they will rise against the forces of the government just like rebellion.
 The levying of war by the offenders must be to overthrow the government. It matters not how vain or futile the attempt
may be, success is not important here. What matter is:

1. the actual assembly of men and

2. the execution of reasonable design by force.

That is on the first type of committing the crime of treason, by levying war against the government. Treason cannot be
committed in times of peace. It is not an alltime offense. It is seasonal as it can be committed only during war time where the
Philippines must necessarily be involved, just like the Japanese times. As treason is basically a war crime, it is made punishable
by the state as a measure of self-defense and self-preservation. Meaning the theory of self-defense is not only available to an
individual who is being attacked, can also be applicable even to states. <JRAA story about homicide with 18 wounds and self-
defense, invoking self-defense and the implicit admission of killing, remember the rule in self-defense: reverse trial>

What is the end-purpose of levying war/ multitude of men assembling themselves in order to replace the government
and overthrow the existing government? The end-purpose is to deliver the country in whole or in part to the foreign country.
<JRAA stories about grandparents during war veterans and the joke about women and Japanese soldiers, cyberbullying sa
seminar niya sa AdDU HS, if you’re married there is a conclusion you’re beautiful, marketability, membership in UGA- union of
girls in agony, vs. BASA- beautiful, attractive and SEXUALLY ACTIVE, *laughs laughs*>

In levying war, the example here is Filipinos would take up arms against the Philippine government for the purpose of
helping the enemy country. This first type of committing treason cannot be performed by one person only, it is committed by
multitude of men. There is no levying war by himself, even rebellion, always committed by multitude of men.

The second mode is the most common. The second mode is by adhering to the enemies of the Philippines, giving
them aid or comfort. Now, the two must go together:

1. by adherence
2. giving aid and comfort to the enemy.

This is where the bulk of cases of treason lie. Most of the cases of treason deals on the second type, so this is the most
common of the 2 types.

First Type Second Type

Committed by multitude of Can be committed only by an

Men Individual

Adherence must be understood to mean that there is intent to betray. If I have the intention to betray this country,
but I did nothing, am I criminally liable? No. That’s basic, we have learned in book 1, if there is only an intent but no physical act
of giving aid or comfort, it does not make one a criminal. Unless you put this into action, you are not criminally liable. Definitely,
adherence is a preparatory act- it is therefore, not punishable by itself.
 Furthermore, under article 8, mere preparatory acts are not punishable. Adherence is a preparatory act, happening in
the mind and not necessarily happening in the realm of criminal law. But when this adherence or these sympathies are converted
to aid and comfort, only then do they take the material form. This material form is only what is made punishable under the law.

It is usually manifested by the offender:

1. giving information

2. commandeering the people

3. giving food stocks

4. serving as a spy

5. supplying the enemy with war materials

These are examples of giving aid or comfort.

Because of the nature of the crime of treason which is to fight the forces of government in order to bring its downfall,
necessarily the offender must commit some common crimes- common crimes against persons, property and public interest. So,
in the act of levying war, or giving aid or comfort to the enemy, and murder, robbery, homicide were committed:

Can these common crimes be treated separately from that of treason?

No. We have already learned the Hernandez doctrine (under Art 48).

Can the crime of rebellion be complexed with ordinary crimes?

No. In the crime of treason, common crimes cannot be complexed with the crime of treason because these
common crimes are inherent in the commission of the crime of treason. These are considered indispensible
elements of committing the crime- by levying war, by giving aid or comfort.

So, therefore, these ordinary crimes cannot be separated from the crime of treason. So meaning, in the commission of
the crime of treason, you committed the crime of murder, robbery, rape, arson, these crimes cannot be separated from that of
treason. So there can be no complex crime of treason with ordinary crimes.

Is treason a continuing offense? Just like rebellion? Yes. So if Commander Parago is walking around in Ateneo, can we
arrest him? Yes. Even if Parago is in his house, can we arrest him? Yes because rebellion is a continuing offense.

Treason also is a continuing offense. It can be committed by a single act, or a series of acts. It can be
committed in one single time, or different times. And only one crime is committed because the offender only
has one criminal intent.

It is important to note, however, that in construing the provision relating to the commission of several acts, the same
must be done in pursuance or furtherance of the act of treason. So if the killing or robbery is committed by the offender in order
to avenge a purely personal grudge which has no connection whatsoever with the crime of treason, such killing or robbery shall
be treated as a separate and distinct offense. That is the rule.

Supposing, in one case decided by the SC under adherence involving the Makapili, (which is an organization consisting
of Filipino allies to the Japanese imperial forces) when you join the Makapili, this organization is considered as allies (mao ni ang
espiya sa mga Japanese during the time) this is a manifestation of your adherence to the enemy country. So when one is
prosecuted for treason because of his membership with the organization during WWII:

Can you be liable for the crime of treason? When you are only a member of an organization? Is your membership in
that organization considered adherence to the Japanese imperial army, making you liable for the crime of treason?

SC said YES. The fact of joining into that organization, your membership is already an act of giving aid or
comfort. So it will now be already under the second type of committing the crime of treason. So your mere
joining of an organization which is considered as an ally of the Japanese is already a manifestation of your
adherence of giving aid or comfort.

Why?

It helps boost the morale of the enemy. Aah, naa diay tay ally na nadungagan, naa man diay mi ally. That’s
the point; there is an impact on the part of the invading country.

Supposing during the time, I supplied the Japanese soldiers prostitutes for their recreation <now called Commercial Sex
Workers, JRAA stories about CSWs in Davao> to satisfy their lust. Is my act of giving comfort women to these soldiers already
considered as giving aid or comfort?

NO. The act contemplated by law is that which tends to strengthen the capability of the military [of the enemy
country], or that which tends to weaken the military capability of the country invaded to resist the invaders.
(People vs. Perez, 83 P 314) The SC held that it doesn’t strengthen their military prowess. Whatever
advantage that it gave to the enemy country was trivial, imperceptible and unintentional. <JRAA jokes, so it
might have strengthen some other aspect noh? *laughs*>

In the case of People vs. Manayao (78 P 721), the accused joined the Japanese imperial forces. He was charged with
treason. His contention is he is not liable for the crime of treason because he has already lost his Filipino citizenship when he
joined the imperial forces. Because he is no longer a Filipino citizen, he doesn’t owe allegiance to the Philippines, and since he
does not owe allegiance, he cannot be held liable for treason. Upon joining the forces, he lost his citizenship, and upon losing his
Filipino citizenship, he does not anymore owe allegiance to the Philippines, and therefore, he is not liable for treason. Held: SC
said the accused cannot divest himself of his Philippine citizenship by the simple, expedience of accepting a commission in the
military, naval, or air service of such country. IF the contention of the accused will be sustained, your own crime becomes your
own defense. Here in treason, you are prosecuted precisely because you joined the enemy. Your joining the enemy cannot be
used as a valid defense.

How do we find a person guilty for treason? What are the requirements?
 The principle under [2nd par.] of Art. 114 is that no person shall be convicted of treason unless: on the testimony of 2
witnesses (two witness rule ) at least to the same overt act or on confession of the accused in open court.