2025 Criminal Law, Q11

A was charged with treason for allegedly aiding the enemy during the war between the Philippines and the State of XYZ. The first witness of the prosecution, B, testified that he actually saw A unlock the cells of the enemies and allow them to flee. After the testimony of B, the prosecution manifested that the second and last witness it was supposed to present could no longer be found. Hence, it was constrained to conclude the presentation of its evidence. On the other hand, the defense waived its right to present countervailing evidence. The trial court thereafter rendered a verdict of conviction. Is the verdict of conviction proper? Reason(s).

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Why is the trial court's verdict of conviction against A improper under Philippine criminal law?

Under Article 114 of the Revised Penal Code, what exception dispenses with the requirement of presenting two witnesses to the same overt act in a treason trial?

What is required under the 'two-witness rule' in prosecutions for the crime of treason under Article 114 of the Revised Penal Code?

How can the crime of treason be committed under Article 114 of the Revised Penal Code?

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What is the legal effect if the prosecution presents only one credible witness to an overt act of treason and the accused does not confess in open court?

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1. Two-Witness Rule
Under Article 114 of the Revised Penal Code, the two-witness rule requires that the testimony of at least two witnesses must relate to the same overt act of treason. This evidentiary requirement is mandatory, strict, and non-waivable in prosecutions for treason. The rule exists because treason is a crime of extraordinary gravity, making conviction based on the uncorroborated testimony of a single witness legally impossible. If the prosecution fails to present two witnesses to the exact same overt act, the accused cannot be convicted regardless of how credible the lone witness may be.

2. Elements of Treason
Treason is a breach of allegiance owed to the government. Under Article 114 of the Revised Penal Code, treason is committed either by levying war against the government or by adhering to its enemies, giving them aid or comfort. To sustain a conviction for adherence with aid or comfort, both adherence and an overt act giving material aid to the enemy must be proven. Adherence may be inferred from the overt act, but the overt act itself must be established strictly in accordance with the statutory two-witness rule.

3. Open Court Confession
An open court confession serves as a statutory exception to the two-witness rule in treason prosecutions under Article 114 of the Revised Penal Code. For a confession to dispense with the two-witness requirement, the accused must make a full, unconditional confession of guilt in open court during arraignment or trial. An extrajudicial confession or admission made outside judicial proceedings is insufficient to sustain a conviction unless corroborated by two witnesses to the same overt act. Without an open court confession, the prosecution remains strictly bound by the two-witness rule.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026