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Questions and Answers
Which of the following scenarios does NOT fulfill the elements required to be considered treason?
Which of the following scenarios does NOT fulfill the elements required to be considered treason?
- A Filipino citizen residing outside the Philippines levies war against the government during wartime.
- A Filipino citizen residing in the Philippines levies war against the government during peacetime. (correct)
- An alien residing in the Philippines helps enemies by giving them aid during a war.
- An alien residing in the Philippines adheres to enemies by providing them aid and comfort during wartime.
In the context of treason, what is meant by 'adhering to the enemies'?
In the context of treason, what is meant by 'adhering to the enemies'?
- Secretly communicating with the enemy.
- Openly declaring support for the enemy.
- Providing aid and comfort to the enemy. (correct)
- Engaging in direct combat against one's own country.
Under what condition can treason NOT be committed?
Under what condition can treason NOT be committed?
- When there has been a formal declaration of war.
- During a state of war.
- During peacetime. (correct)
- When actual hostilities have commenced.
Which of the following best describes the allegiance owed by resident aliens in the Philippines?
Which of the following best describes the allegiance owed by resident aliens in the Philippines?
Which of the following scenarios could potentially be prosecuted as treason?
Which of the following scenarios could potentially be prosecuted as treason?
What is the critical element that distinguishes treason from other crimes against national security?
What is the critical element that distinguishes treason from other crimes against national security?
Why is a formal declaration of war not necessarily required for treason to be considered?
Why is a formal declaration of war not necessarily required for treason to be considered?
Treason is considered a continuing crime; what does this imply for prosecution?
Treason is considered a continuing crime; what does this imply for prosecution?
Which of the following actions would qualify as 'levying war against the government'?
Which of the following actions would qualify as 'levying war against the government'?
In the context of the elements of treason, what does 'allegiance' primarily entail?
In the context of the elements of treason, what does 'allegiance' primarily entail?
Flashcards
Treason
Treason
A breach of allegiance to a government, committed by someone who owes allegiance to it.
Allegiance
Allegiance
Fidelity and obedience owed by individuals to their government in return for protection.
Elements of Treason
Elements of Treason
- Offender is a Filipino citizen/resident alien. 2. War involving Philippines. 3. Offender either levies war or adheres to enemies.
Treason Timing
Treason Timing
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Permanent Allegiance
Permanent Allegiance
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Temporary Allegiance
Temporary Allegiance
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Treason by Levying War Note
Treason by Levying War Note
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Treason Location
Treason Location
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Continuing Crime
Continuing Crime
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Study Notes
- Crimes against national security include treason, conspiracy and proposal to commit treason, misprision of treason and espionage.
- Crimes against the law of nations include inciting to war and giving motives for reprisal, violation of neutrality, correspondence with hostile country, flight to enemy country, piracy and mutiny and qualified piracy and mutiny.
Treason (Art. 114)
- Treason is a breach of allegiance to a government, committed by a person who owes allegiance to it
- Treason is a betrayal of allegiance to one's country in time of war
- Treason can only be committed during war time.
- There are no traitors in times of peace
- Treason is a continuing crime
Elements of Treason
- The offender is a Filipino citizen or an alien residing in the Philippines
- There is a war in which the Philippines is involved
- The offender either levies war against the government or adheres to the enemies, giving them aid and comfort.
Allegiance
- Allegiance is the obligation of fidelity and obedience which individuals owe to the government under which they live or to their sovereign in return for the protection they receive.
Persons Liable for Treason
- Filipino citizens owe permanent allegiance to the Philippine Government.
- Resident aliens owe temporary allegiance to the government.
- In treason by levying war, a formal declaration of the existence of a state of war is unnecessary; actual hostilities may determine the date of the commencement of war.
- Treason by a Filipino citizen can be committed outside the Philippines, but treason by an alien must be committed in the Philippines.
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