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