Skip to main content

Treason


     It is a breach of allegiance to a government,  committed by a person who owes allegiance to it.

Elements of Treason
1. The offender owes allegiance to the Republic of the Philippines
2. There is war in which the Philippines is involved.
3. The offender either:
     a. Levies war against the government.
          i. With intent to overthrow the government.
          ii. In collaboration with a foreign country.
     b. Adheres to the enemy country by giving them aid or comfort.

Ways of Proving Treason
1. Testimony of two witnesses, at least, to the same overt act.
2. Confession of guilt by the accused in open court.

Circumstances Inherent in Treason
1. Evident premeditation
2. Abuse of superior strength
3. Treachery

Circumstances Aggravating in Treason
1. Ignominy
2. Cruelty
3. Amount or degree of aid
4. Gravity of separate distinct acts of treason

Defense: Duress and fear of immediate death

Misprision of Treason
     It is the failure of a citizen to report as soon as possible a conspiracy which comes to his knowledge against the government.

Elements:
1. Offender is a citizen of the Philippines
2. He has knowledge of conspiracy 
3. The conspiracy is one to commit treason
4. He conceals and does not disclose and make known to the authority
Labels:

Comments

Post a Comment

Popular posts from this blog

RULES ON ACCESSION (BUILDERS/PLANTERS/SOWERS)

In the Civil Code of the Philippines or Republic Act No. 386, there are provisions which govern the laws on property, this chapter discusses about ACCESSION which contains the provision of Builder/Planter/Sower (Article 440 to Article 475). In Accession (Article 440) , it states that, “The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.” Also, in Article 445 , “Whatever is built, planted or sown on the land of another, and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.”. Article 446 states that, “All works, sowing, and planting are presumed made by the owner and at his expense , unless the contrary is proved .” Article 441. To the owner belongs: (1) The natural fruits - Natural fruits are the spontaneous products of the soil, and the young and other products of animals. ...
Post a Comment
Read more

Classification of Felonies According to Gravity

1. Grave Felonies      They are felonies to which the law attaches the capital punishment or penalties which any of their periods are afflictive, in accordance with Article 25 of the Revised Penal Code.       Afflictive Periods are as follows: a. Reclusion Perpetua b. Reclusion Temporal c. Perpetual or Temporary Absolute Disqualification d. Perpetual or Temporary Special Disqualification e. Prision Mayor f. Fine of more that P6,000.00. 2. Less Grave Felonies      Felonies which the law punishes with penalties which in their maximum period are correctional.     Correctional Period are as follows: a. Prison Correctional b. Arresto Mayor c. Suspension d. Destierro e. Fine equal to or more thatn P200.00 but less that P6,000.00. 3. Light Felonies      Infractions of law for the commission of which the penalty of Arresto Menor or a fine not exceeding P200.00.
Post a Comment
Read more

Inciting to War or Giving Motives to Reprisals

Elements: 1. The offender performs an unlawful or unauthorized acts. 2. That such acts as:      a. Provoke or give occasion for a war involving or liable to involve the Philippines.      b. Expose Filipino citizens to reprisals on their persons and property. Reprisal      The act or practice in international law of resorting to force short of war in retaliation for damage or loss suffered. Violation of Neutrality Elements: 1. There is a war which the Philippines is not involved. 2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality. 3. The offender violates such regulation. Correspondence with Hostile Country Elements: 1. Made in time of war which the Philippines is involved. 2. Offender makes correspondence with:      a.  Enemy country      b. Territory occupied by enemy troops. 3. Correspondence is either:      a. Prohibited...
Post a Comment
Read more