Article 115 Conspiracy and Proposal to Commit Treason; Penalty

Question 1

What are the Elements of conspiracy to commit treason?

Answer 1

1. There is a war in which the Philippines is involved;
2. At least two persons come to an agreement to –
   a. levy war against the government; or
   b. adhere to the enemies, giving them aid or
   comfort;
3. They decide to commit it.

Question 2

What are the Elements of proposal to commit treason?

Answer 2

1. There is a war in which the Philippines is involved;
2. At least one person decides to –
   a. levy war against the government; or
   b. adhere to the enemies, giving them aid or
   comfort;
3. He proposes its execution to some other persons.

Question 3

If actual acts of treason are committed after the

conspiracy or proposal, what crime is committed?

Answer 3

The crime committed will be treason, and the conspiracy or proposal is considered absorbed.

Question 4

Is the two witness rule applicable to Article 115?

Answer 4

Two-witness rule – not applicable since this is a

crime separate and distinct from treason.

Question 5

What are the penalties for Article 115?

Answer 5

The penalty for conspiracy to… is 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) for proposal.