Allegiance obligation of fidelity and obedience which individuals owe to the

Allegiance obligation of fidelity and obedience which

This preview shows page 182 - 184 out of 497 pages.

Allegiance - obligation of fidelity and obedience which individuals owe to the government under which they live or to their sovereign in return for protection they receive.Treason is a war crime - punished by state as a measure of self protection.Committed in times of war (not peace) when there is actual hostilities.No need for a declarationof war.Mere acceptance of public office and discharge of official duties under the enemy do not constituteper se the felony of treason.But when the position is policy-determining,the acceptance ofpublic office and the discharge of official duties constitute treason.Persons liable1. Filipino - permanent allegiance, can commit treason anywhere.2. Alien residing - temporary allegiance,commit treason only while residing inthe Philippines.Treason committed in a foreign country may be prosecuted in the Philippines.Treason by an alien must be committed in the Philippines.Ways to commit treason1. Levying war against the government - requiresa. Actual assembling of menb. Purpose of executing a treasonable design by force.2. Adheres to enemies - the following must concur togethera. Actual adherence b. Give aid or comfortNotes: levying war - must be with intent to overthrow the government as such,not merely to repeal a particular statute or to resist a particular officer.Not necessary that those attempting to overthrow the government by the force of arms should have the apparent power to succeed in their design,in whole or in part.Adherence - intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country's policy or interest.Aid or comfort - act which strengthen or tends to strengthen the enemy of the governmentin the conduct of war against the government or an act which weakens or tends to weakenthe power of the government or the country to resist or to attack the enemies of the government or country.Ways to prove1. Treasoni
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a. testimony of at least 2 witnesses to the same overt actb. judicial confession of accused2. Adherence a. one witnessb. nature of act itselfc. circumstances surrounding act.Notes: To convict - testimonies must relate to the same overt act - not two similar acts.If act is separable - each witness can testify to parts of it,but the act as a whole must be identifiable as an overt act.Confession must be in open court.Reason for 2 witness rule - special nature of the crime requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice.Extreme seriousness of the crime for which death is one of the penalties provided by law and the fact that the crime is committed in abnormal times,when small differencesmay in mortal enmity wipe out all scruples in sacrificing the truth.
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