Crimes Against National Security

Article 114 - Treason

Any person who, owing allegiance to (the United States or) the Government of the
Philippine Islands, not being a foreigner, levies war against them or adheres to their
enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall
be punished by reclusion temporal to death and shall pay a fine not to exceed
P20,000 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 Philippine Islands, who commits acts of treason as defined
in paragraph 1 of this Article shall be punished by prision mayor to death and shall
pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31,
1945).

Allegiance & Sovereignty (Laurel vs. Misa, 77 Phil. 856(1947))

Absolute and Permanent Allegiance : the obligation of fidelity and

obedience to his government or sovereign
Qualified and Temporary Allegiance : that which a foreigner owes to the
government of the territory he resides as long as he remains there, in return for
the protection he receives, which consists in the obedience to the laws of the
government or sovereign

Absolute & Permanent Allegiance

Not abrogated or severed by the enemy occupation because sovereignty of

the government/ de jure cannot be transferred (Co Kim Chan v. Valdez Tan Keh
and Dizon 75 Phil. 113)

There is no such thing as "suspended allegiance"

Sovereignty

There is a difference between sovereignty and "exercise of the rights of

sovereignty"

Sovereignty can be destroyed, or severed, and transferred to another but

it CANNOT be suspended

It cannot be suspended without putting it out of existence or divesting said

government thereof

"Sovereignty" as held in US v. Rice (4 Wheaton 246) should be construed as

"the exercise of the rights of sovereignty" not sovereignty itself
Temporary Allegiance

Does not do away with the absolute & permanent allegiance

If allegiance of a citizen is nothing more than obedience to its laws in return

for the protection it gives then it should follow that a citizen who resides in a
foreign country lose his original citizenship (which is not the case)
Treason

Only a war crime. Cannot be committed during peace time. (Laura v. Misa,
concurring Perfecto)

It remains dormant until the emergency arises.

Punished by the state as a measure of self-defense and self-preservation

Effects of the Suspension of the Exercise of the Rights of Sovereignty

1.
Suspended laws / inapplicable against the occupying government
a.
Political laws - prescribe reciprocal rights, duties, obligations of the
government
b.
Crimes against national security - treason, espionage, inciting to war,
flight to enemy's country, correspondence with the hostile country
c.
Crimes against public order - rebellion, sedition, disloyalty, illegal
possession of firearms
d.
Offenses against public order to be preserved by the legitimate
government
2.
Continuing law : Article 114 - Treason
a.
Treason is still applicable since sovereignty is not suspended therefore
citizens are still bound by allegiance to it.

Laws dictated by the military occupant are obligatory and the laws
contrary to that or those not enforced by the occupant are suspended
Laurel vs. Misa
[S]ince the preservation of the allegiance or the obligation of fidelity and obedience
of a citizen or subject to his government or sovereign does not demand from him a
positive action, but only passive attitude or forbearance from adhering to the
enemy by giving the latter aid and comfort, the occupant has no power, as a
corollary of the preceding consideration, to repeal or suspend the operation of the
law of treason, essential for the preservation of the allegiance owed by the
inhabitants to their legitimate government, or compel them to adhere and give aid
and comfort to him; because it is evident that such action is not demanded by the
exigencies of the military service or not necessary for the control of the inhabitants
and the safety and protection of his army, and because it is tantamount to
practically transfer temporarily to the occupant their allegiance to the titular
government or sovereign; and that, therefore, if an inhabitant of the occupied
territory were compelled illegally by the military occupant, through force, threat or
intimidation, to give him aid and comfort, the former may lawfully resist and die if
necessary as a hero, or submit thereto without becoming a traitor;
Possible Effects of the Suspension of the Allegiance

Allow invaders to legally recruit or enlist the Quisling inhabitants of the

occupied territory to fight against their own government without the latter being
prosecuted for treason

Invaders may compel those who are not to aid them in their military
operation against the resisting enemy forces in order to completely subdue and
conquer the whole nation

Sanction the action of invaders in forcing the people of a free and sovereign
country to be a party in the nefarious task of depriving themselves of their own
freedom and independence and repressing the exercise by them of their own
sovereignty

In short : political suicide

Classifications of Allegiance (id, concurring Perfecto )

1.
2.

3.
4.

Natural - arises by nature and birth

Acquired - arising through some circumstance or act other than birth,
denization or naturalization
Local - arising from residence simply within the country for a short time
Legal - arising from oath

Complex crime in the Context of Treason

Complex Crimes - in a complex crime, although two or more crimes are actually
committed, they constitute only one crime in the eyes of the law as well as in the
conscience of the offender. The offender has only one criminal intent. (People v.
Hernandez 99 Phil.515)

Murder, robbery, and rape cannot be used in combination with treason as

they are specific offenses which are not elements of the crime (treason)
Treachery, premeditation, & abuse of superior strength is inherent in
treason, therefore cannot be used as an aggravating (People v. Racaza)

Article 134 Rebellion & Coup d'etat

Art. 134. Rebellion or insurrection; How committed. The crime of rebellion
or insurrection is committed by rising publicly and taking arms against the
Government for the purpose of removing from the allegiance to said Government or
its laws, the territory of the Philippine Islands or any part thereof, of any body of
land, naval or other armed forces, depriving the Chief Executive or the Legislature,
wholly or partially, of any of their powers or prerogatives. (As amended by R.A.
6968).
Article 134-A. Coup d'etat; How committed. The crime of coup d'etat is a
swift attack accompanied by violence, intimidation, threat, strategy or stealth,
directed against duly constituted authorities of the Republic of the Philippines, or
any military camp or installation, communications network, public utilities or other
facilities needed for the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines by any person or persons,
belonging to the military or police or holding any public office of employment with
or without civilian support or participation for the purpose of seizing or diminishing
state power. (As amended by R.A. 6968).
Military law - applicable only