art 2
DESCRIPTION
ART 2TRANSCRIPT
ART.115: CONSPIRACY AND PROPOSAL TO COMMIT TREASON:
PENALTY:a.conspiracy to commit treason:
-Prision Mayor and a fine not exceeding P 10,000b.proposal to commit treason:
-Prision correccional and a fine not exceeding P 5,000
HOW CONSPIRACY AND PROPOSAL ARE COMMITTED:
a.conspiracy to commit treason is committed when in time of war, two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort, and decide to commit it.b.Proposal to commit treason is committed when in time of war a person who has decided to levy war against the govt or to adhere to the enemies and to give them aid or comfort, proposes its execution to another person.
** the two-witness rule does not apply to this crime because this is a separate and distinct offense from treason.
ART. 116: MISPRISION OF TREASON
ELEMENTS:
1.that the offender must be owing allegiance to the Govt and NOT a foreigner;2.that he has knowledgte or any conspiracy (to commit treason) against the Govt; and3.that he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or mayor or fiscal of the city in which he resides.
** This crime is an exception to the rule that mere silence does not make a person criminally liable.