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By: Dizon | Manalo | Navarez | Shyu | Tubio Faculty of Civil Law –University of Santo Tomas Updated: 2016CRIMINAL LAW REVIEW BOOK 2 NOTES(Prosec. Victoria Garcia)
CRIMINAL LAW REVIEW Book 2 | 2016 | Prosec. GarciaDizon | Manalo | Navarez | Shyu | Tubio Page 1 TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS (Articles 114 –122) ARTICLE 114 –TREASON -is committed by a Filipino citizen or an alien residing in the Philippines who levies war against the Philippine Government or adheres to her enemies by giving them aid and comfortELEMENTS: 1. The offender is by birth, a Filipino Citizen or an alien residing in the Philippines, even if temporary allegiance ¾The offender may either be a Filipino citizen, because a Filipino citizen owes permanent allegiance to the Philippine Government; or another offender is a foreigner, an alien temporarily residing in the Philippines. During his temporary stay in the Philippines, he is given protection by the Philippine Government under its laws therefore it is but incumbent upon him to have temporary allegiance to the Philippine Government. That is why even an alien, a foreigner temporarily residing in the Philippines can also commit treason in times of war.2. That there is a war in which the Philippines is involved ¾The second element is that there is a war in which the Philippines is involved. In the case of Laura vs. Misa, treason is a war time offense. It can be committed only in times of war. In times of peace, Treason remains to be dormant crime, however, the moment when an emergency arises, the moment a war arises, it is immediately put into effect as an act self-defense and self-preservation of the Philippine Government. Treason cannot be committed in times of peace, because in times of peace, there are no traitors.Who are these traitors? ¾These enemies are troops of the enemy state which is in war with the Philippines. Filipino men like the MILF, NPAs, even if they are at war with the Philippine government, they cannot be considered as enemies because they are still considered as Filipino citizens. So the aliens refer to the citizens of the enemy state which is at war with the Philippines.3. That the offender either—a) Levies war against the Philippine government, or b) Adheres to the enemies by giving them aid or comfort. ¾The third element refers to the mode of committing treason. treason may be committed by either: a.Levies war against the Philippine government ,requires the concurrence of two elements: 1) there must be an actual of assembly of men 2) it is for the purpose of executing or effecting a treasonable design by force. This means that the said offenders, Filipino citizens who are said to be in collaboration with the enemy troops in order to hand over the Philippine Government to the enemy troops. Absent of that collaboration, it cannot be considered as treason b.Adheres to the enemies by giving them aid or comfort.