Conspiracy and Proposal to Commit Treason

Art. 115. Conspiracy and proposal to commit treason; Penalty. — The conspiracy or proposal to commit the
crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and
prision correccional and a fine not exceeding P5,000 pesos. (Revised Penal Code)

Conspiracy to commit treason

Conspiracy to commit treason is committed when in time of war, two or more persons come to an
agreement to levy war against the government or adhere to the enemies and to give them aid or
comfort, and decide to commit it. (Art. 8 and 114, RPC)

Elements:

1. There is a war in which the Philippines is involved

2. At least two persons come to an agreement to –

a. Levy war against the government; or

b. Adhere to the enemies, giving them aid or comfort

3. That person proposes its execution to other persons

4. They decide to commit it

Proposal to commit treason

Proposal to commit treason is committed when in time of war, a person who has decided to levy war
against the government or adhere to the enemies and to give them aid or comfort, proposes its
execution to some other person or persons. (Art. 8 and 114, RPC)

Elements:

1. There is a war in which the Philippines is involved

2. At least one person decides to –

a. Levy war against the government; or

 b. Adhere to the enemies, giving them aid or comfort

3. That person proposes its execution to other persons

● General rule: Conspiracy and proposal to commit a felony is not punishable under Article 8.

● Exception: Under Article 115, mere conspiracy or proposal to commit treason is punishable. This is
because, in treason, the very existence of the state is endangered. [Reyes]

● The two-witness rule does not apply to conspiracy or proposal to commit treason because they are
separate and distinct offense from that of treason. [US vs. Bautista, 6 Phil 581]