1) Governing Law and Constitutional Setting

Primary statutory source

Treason is defined and penalized in the Revised Penal Code (RPC) (Act No. 3815), Book Two, Title One: Crimes Against National Security and the Law of Nations, principally Article 114. Closely related offenses in the same Title include conspiracy and proposal to commit treason (Art. 115) and misprision of treason (Art. 116).

Constitutional backdrop (why treason is treated differently)

While the 1987 Constitution does not lay down a separate “treason statute,” it shapes treason prosecutions through:

Due process requirements (no conviction without proof beyond reasonable doubt).
Bail rules (bail may be denied for offenses punishable by reclusion perpetua when evidence of guilt is strong).
Limits on punishment, including the Constitution’s framework on the death penalty (Congress may provide for it only under strict conditions) and the general prohibition of cruel, degrading, or inhuman punishment.

Separately, Philippine criminal law recognizes extraterritorial application for treason: the RPC expressly allows prosecution even when treason is committed outside Philippine territory, reflecting the State’s interest in punishing betrayal of allegiance wherever committed.

2) What “Treason” Means in Philippine Criminal Law (Article 114)

Who can commit treason

Only persons who owe allegiance to the Philippines in the legal sense may be guilty of treason under Article 114:

Filipino citizens (permanent allegiance); and
Resident aliens (temporary allegiance while residing in the Philippines).

A foreigner who is not a resident alien generally will not be charged with treason under Article 114, though other national security offenses (e.g., espionage) may apply depending on facts.

Treason exists only in time of war

A core requirement is the existence of war involving the Philippines and an enemy (a foreign power in a state of war/hostilities against the Philippines). Without war, conduct that seems “traitorous” may instead fall under other crimes (rebellion, sedition, terrorism-related offenses, espionage, unlawful disclosure of national defense information, etc.), but it is not treason under Article 114.

Two ways treason is committed

Article 114 recognizes two principal modes:

Levying war against the Philippines This refers to actual participation in hostile operations against the State (not mere criticism or political dissent). It usually involves armed or force-based acts connected to an enemy’s war effort.
Adhering to the enemy, giving them aid or comfort This mode has two components:
- Adherence: a showing of attachment/intent to support the enemy; and
- Aid or comfort: an overt act that actually helps the enemy or strengthens its position (e.g., supplying provisions, giving intelligence, guiding troops, harboring enemy personnel, assisting enemy propaganda in a way that materially supports their war effort, or otherwise facilitating enemy operations).

“Mere sympathy” or thoughts alone are not enough; Philippine treason law is built around punishing concrete assistance to the enemy.

3) The Special Proof Rule: Why Treason Convictions Are Harder

Philippine treason law contains an unusually strict evidentiary safeguard:

The “two-witness rule” (or confession in open court)

A person cannot be convicted of treason unless:

Two witnesses testify to the same overt act, or
The accused confesses in open court.

Key implications:

The prosecution must prove at least one specific overt act of aid/comfort (or an act constituting levying war).
The “two witnesses” must match on the same overt act, not merely on general behavior or reputation.
Extrajudicial confessions, hearsay, or generalized testimony typically cannot substitute for the required proof standard.

This rule reflects the historic fear that accusations of treason can be used as political weapons; the law demands especially reliable proof before imposing the severe penalties attached to treason.

4) Core Penalties for Treason (Article 114)

A) Principal penalty under the Revised Penal Code

Article 114 penalty (textual range):

Reclusion temporal to death, and
A fine (historically stated as not exceeding ₱100,000 in the RPC text).

Reclusion temporal is a severe imprisonment penalty with a duration of 12 years and 1 day to 20 years. Reclusion perpetua is a still graver penalty traditionally understood as imprisonment for at least 20 years and 1 day up to 40 years for certain penological computations, but legally treated as imprisonment of perpetual duration. (Death is discussed below due to its abolition in Philippine law.)

B) Effect of the abolition of the death penalty (R.A. 9346)

The Philippines has abolished the death penalty through Republic Act No. 9346. As a result:

Where the law prescribes death, the sentence imposed is reclusion perpetua instead.
R.A. 9346 also provides that persons whose penalty is reclusion perpetua (including those whose death sentence is reduced to reclusion perpetua) are not eligible for parole.

Practical sentencing result for treason today: Even though Article 114 still states “reclusion temporal to death,” the maximum imposable penalty operates as reclusion perpetua (in lieu of death), typically without parole.

C) The fine component

Treason carries a fine in addition to imprisonment. Two important points in practice:

The fine is discretionary within the statutory ceiling (as stated in the Code), and courts consider circumstances such as the gravity of the assistance given, consequences, and the offender’s participation.
Subsidiary imprisonment for failure to pay the fine generally does not apply when the principal penalty is higher than prision correccional (which treason far exceeds), meaning inability to pay typically does not convert into extra jail time beyond the principal penalty structure.

Note: Fine ceilings in the RPC have been amended in some areas over time; the controlling amount is the figure in the currently effective text applicable to the case. The historic ceiling for treason in Article 114 is widely reflected as ₱100,000.

5) Accessory Penalties and Legal Consequences That Automatically Follow

Under the RPC, major imprisonment penalties carry accessory penalties—legal disabilities that attach by operation of law.

If sentenced to reclusion temporal

Accessory penalties generally include:

Civil interdiction during the term of the sentence (loss of rights such as parental authority/guardianship and control over property as provided by law); and
Perpetual absolute disqualification (loss of the right to hold public office and other political rights as defined by the Code).

If sentenced to reclusion perpetua (the gravest available penalty for treason today)

Accessory penalties are even more severe, typically including:

Civil interdiction (commonly treated as for life in reclusion perpetua cases under the Code’s scheme); and
Perpetual absolute disqualification.

Additional practical consequences

Loss of the right to hold public office and other civil/political disabilities may outlast the imprisonment itself.
For resident aliens, conviction may also carry immigration consequences (e.g., deportation after service of sentence) under separate immigration laws and processes.
Civil liability (damages, restitution) may attach if the treasonous acts caused identifiable harm to persons or property.

6) How Courts Determine the Proper Penalty Within the Range

The penalty is applied by “periods”

The range “reclusion temporal to death” is treated as a penalty with graduated severity, classically understood in three levels:

Lower level: reclusion temporal
Middle level: reclusion perpetua
Upper level: death (now reclusion perpetua in lieu of death)

Courts select the proper level based on the presence of mitigating and aggravating circumstances under the RPC’s general rules on penalties.

Participation matters (principal, accomplice, accessory)

Criminal liability and penalties depend on the offender’s role:

Principals: those who directly commit treason, cooperate indispensably, or induce others to commit it.
Accomplices: those who cooperate in the execution by previous or simultaneous acts not indispensable.
Accessories: those who assist after the fact (e.g., profiting from the crime, concealing evidence, harboring offenders), unless exempted by relationship or other lawful grounds.

Accomplices and accessories typically receive lower penalties than principals by degrees, following the Code’s general graduation rules.

Multiple overt acts and multiple counts

Treason often involves several overt acts (e.g., repeated deliveries of supplies, multiple intelligence handoffs). Prosecutors may charge:

One information with multiple overt acts, or
Multiple counts based on distinct overt acts, depending on strategy and available “two-witness” proof per act.

When multiple sentences are imposed, the RPC’s rules on service of multiple penalties apply, including the principle that the total time actually served is subject to statutory limits (commonly associated with the “threefold rule” and maximum service ceilings in the Code).

Indeterminate Sentence Law (ISL), probation, and parole

Probation is not available because treason’s penalties are far above the statutory thresholds for probation.
The Indeterminate Sentence Law generally does not apply to offenses punishable by reclusion perpetua/life imprisonment; treason falls within that exclusionary framework.
Parole is generally unavailable for reclusion perpetua, and R.A. 9346 reinforces no parole in reclusion perpetua situations.

Executive clemency (pardon/commutation) remains constitutionally available after conviction, subject to legal requirements and limitations.

7) Penalties for Related Treason-Offenses (Often Charged When Treason Itself Is Hard to Prove)

Because Article 114 has strict requisites (war + enemy + allegiance + overt act + two-witness rule), prosecutors may also evaluate related crimes in Title One:

A) Conspiracy and proposal to commit treason (Article 115)

Conspiracy to commit treason is punishable even if treason is not consummated. Traditionally, the penalty is prision mayor plus a fine.
Proposal to commit treason (when a person who has decided to commit treason proposes its execution to another) is punished less severely than conspiracy. Traditionally, the penalty is prision correccional plus a fine.

(Exact fine ceilings are stated in Article 115 and are significantly lower than the fine for consummated treason.)

B) Misprision of treason (Article 116)

Misprision punishes a person who, owing allegiance to the Philippines and having knowledge of a treason conspiracy, fails to report it to the proper authorities as soon as possible.

Traditionally, the penalty is:

Prision correccional in its maximum period, plus
A fine (as stated in Article 116).

Misprision is not “a lesser form of treason”; it is a separate offense built around failure to disclose a known treason conspiracy.

8) Prescription (Statute of Limitations) and Venue

Prescription

Under the RPC’s rules on prescription of crimes, offenses punishable by reclusion temporal or reclusion perpetua generally prescribe in 20 years. Treason, carrying those penalties, is typically treated within that prescription bracket.

Venue and extraterritorial reach

Treason may be prosecuted in Philippine courts even if committed abroad, consistent with the RPC’s extraterritorial clauses for crimes against national security.
Venue and jurisdiction are determined by the Rules of Criminal Procedure and the particular facts (where acts occurred, where the accused is arrested, and where the offense is deemed committed under law).

9) Why “Treason” Is Rare in Modern Philippine Prosecutions

Even when conduct looks like betrayal, Article 114 requires wartime and an enemy. In the absence of war with a foreign power, Philippine law typically addresses threats to the State through other crimes (e.g., rebellion/coup d’état, terrorism-related offenses, espionage, unlawful disclosure of classified information, and other national security statutes). Treason remains a wartime betrayal offense with exceptionally strict proof requirements and exceptionally severe penalties.

10) Summary: The Penalty Framework at a Glance

Offense	Key requirement	Principal penalties (core)	Practical effect today
Treason (Art. 114)	War + allegiance + levying war or adherence with aid/comfort + two-witness rule (or confession in open court)	Reclusion temporal to death + fine	Death is not imposed; maximum becomes reclusion perpetua, generally without parole, plus accessory disqualifications
Conspiracy to commit treason (Art. 115)	Agreement + decision to commit treason	Traditionally prision mayor + fine	Used when treason not consummated or hard to prove
Proposal to commit treason (Art. 115)	Proposal by one who decided to commit treason	Traditionally prision correccional + fine	Punishes solicitation short of conspiracy
Misprision of treason (Art. 116)	Knowledge of treason conspiracy + failure to report	Traditionally prision correccional (max) + fine	Targets concealment by one owing allegiance

Treason under Philippine law is punished with some of the harshest penalties in the criminal code: long-term imprisonment at the level of reclusion temporal up to reclusion perpetua (in place of death), a statutory fine, and severe accessory penalties that strip political and civil rights. Its application is deliberately narrow—limited to wartime betrayal and guarded by strict evidentiary rules—reflecting both the gravity of the offense and the historic danger of treason accusations being misused.