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TITLE 1: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF THE NATIONS Crimes against national security 1.

. Treason 2. Conspiracy and proposal to commit treason 3. Misprision of treason 4. Espionage Crime against the law of nations 1. Inciting to war or giving motives for reprisals. 2. Violation of neutrality 3. Correspondence with hostile country 4. Flight to enemys country 5. Piracy in general and mutiny on the high seas or in Philippine waters SECTION 1: TREASON AND ESPIONAGE ARTICLE 114: Treason Treason A breach of allegiance to a government, committed by a person who owes allegiance to it. Elements of treason 1. The offender is a Filipino citizen or an alien residing in the Philippines; 2. There is a war in which the Philippines is involved; 3. The offender either a. Levies war against the Government, or b. Adheres to the enemies, giving them aid or comfort. Allegiance The obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive. Two ways of committing treason: 1. By levying war against the Government. 2. By adhering to the enemies of the Philippines, giving them aid or comfort. Levies war Requires the concurrence of two things: 1. That there be an actual assembling of men; and 2. For the purpose of executing a treasonable design by force Adherence to the enemy Intent to betray

Aid or comfort An act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy. Specific acts of aid or comfort constituting treason 1. Serving as informer and active member of the Japanese Military Police, arresting guerrilla suspects in an attempt to suppress the underground movement. 2. Serving in the Japanese Army as an agent or spy and participating in the raid of guerrilla hideout. 3. Acting as a finger woman when a barrio was zonified by the Japanese several men whom she accused as guerrilla. 4. Taking active part in the mass killing of civilians by the Japanese soldiers by personally tying the hands of the victims. Two witness rule The testimony of two witnesses is required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence. Must adhered to as to each and every one of all the external manifestations of the overt act in issue. Overt act Physical activity, deed that constitutes the rendering of aid and comfort. Adherence may be proved: 1. By one witness; 2. From the nature of the act itself; or 3. From the circumstances surrounding the act. Aggravating circumstances in treason 1. Cruelty and ignominy 2. Rapes, wanton robbery for personal gain, and brutality with which the killing or physical injuries are carried out are regarded as ignominy and cruelty. 3. Evident premeditation is not aggravating in treason. 4. Superior strength and treachery are circumstances inherent in treason. ARTICLE 115: Conspiracy and proposal to commit treason.

ARTICLE 116: Misprision of treason

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