Article 115. Conspiracy and Proposal To Commit Treason
On Criminal Law
Article. 115. Conspiracy and proposal to commit treason; Penalty. - The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding Two million pesos (P2,000,000), and prision correccional and a fine not exceeding One million pesos (P1,000,000)
ELEMENTS – CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement to -
a. levy war against the government, or
b. adhere to the enemies and give them aid or comfort
3. They decide to commit it.
ELEMENTS – PROPOSAL:
1. In time of war
2. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort
3. Proposes its execution to some other person/s.
Notes:
As a general rule, conspiracy and proposal to commit a felony are not punishable (ART.8). Art 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason.
Mere agreement and decision to commit treason is punishable.
Two-witness rule – not applicable since this is a crime separate from treason.
A mere proposal, even without acceptance, is punishable, too. If the other accepts, it is already a conspiracy.
If actual acts of treason are committed after the conspiracy or proposal, the crime committed will be treason, and the conspiracy or proposal is considered as a means in the commission thereof.
ELEMENTS – CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement to -
a. levy war against the government, or
b. adhere to the enemies and give them aid or comfort
3. They decide to commit it.
ELEMENTS – PROPOSAL:
1. In time of war
2. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort
3. Proposes its execution to some other person/s.
Notes:
As a general rule, conspiracy and proposal to commit a felony are not punishable (ART.8). Art 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason.
Mere agreement and decision to commit treason is punishable.
Two-witness rule – not applicable since this is a crime separate from treason.
A mere proposal, even without acceptance, is punishable, too. If the other accepts, it is already a conspiracy.
If actual acts of treason are committed after the conspiracy or proposal, the crime committed will be treason, and the conspiracy or proposal is considered as a means in the commission thereof.
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