Samuel, a Filipino citizen of Chinese descent, assisted the Chinese Government in surveying and determining the safest and most secure shores in the Philippines. He thought he was helping the Philippines in this endeavor since the geodetic maps he prepared would allegedly be transmitted to the Philippines for future use. Before the survey was completed, Chinese military vessels entered the Philippines’ Scarborough shores, set up a station secured by two warships, and populated two islets which the Chinese Government proclaimed as their own, all with the use of the geodetic maps. Samuel was then charged with Treason by the Philippine Government. The following testified against Samuel: 1) his helper, Therese, who saw Samuel in numerous meetings with the Chinese Government, though she did not understand their conversations since she does not know Chinese; and 2) his gardener, Rolando, who knows Chinese but has bad eyesight. Rolando was present in all these meetings and had a glimpse of the finished geodetic maps signed by Samuel. Is Samuel liable for Treason? Explain.
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No, Samuel is not liable for Treason. Under Article 114 of the Revised Penal Code, treason is a war crime that can be committed only in time of war in which the Philippines is
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Quick check
Why is Samuel not criminally liable for Treason under Article 114 of the Revised Penal Code?
Treason under Article 114 requires an actual state of war involving the Philippines.
What evidentiary requirement must be satisfied to convict an accused of treason under Article 114?
Article 114 strictly requires the testimony of two witnesses to the same overt act or an open court confession.
Why did the testimonies of Therese and Rolando fail to satisfy the two-witness rule for treason?
The two-witness rule requires two witnesses who both have full personal knowledge of the exact same overt act.
When may a resident alien or Filipino citizen be prosecuted for the crime of treason?
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What is the legal status of preparing geodetic maps for a foreign nation during peacetime?
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Learn more about these topics
1. Treason Requirements
Under Article 114 of the Revised Penal Code, treason is a felony committed by a Filipino citizen or resident alien who levies war against the Philippines or adheres to its enemies, giving them aid or comfort within the Philippines or elsewhere. Treason is essentially a war crime that can only be committed during an actual state of war in which the Philippines is involved. In time of peace, acts of disloyalty, espionage, or giving aid to foreign powers cannot be prosecuted as treason under the Revised Penal Code.
2. Two-Witness Rule
To convict an accused of treason under Article 114, the law strictly requires the testimony of at least two witnesses to the same overt act, unless the accused makes an open confession in open court. The two-witness rule demands that both witnesses testify to the exact same physical act constituting treason. Each witness must possess direct personal knowledge of the entire overt act. If one witness only hears or partially observes the act without understanding its substance, the two-witness requirement is not satisfied.
3. Absence of War
When foreign military forces occupy or claim Philippine territory during peacetime, an individual assisting foreign agents cannot be held liable for treason due to the absence of a declared or actual state of war. Although the act of preparing geodetic maps for foreign military forces may harm national security, it does not constitute treason without a state of war. Criminal liability for treason requires both adherence to the enemy and giving aid or comfort during an existing war involving the Republic.