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President Aquino, Trillanes face treason
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By: Kristine Felisse Mangunay
@inquirerdotnet
Philippine Daily Inquirer
06:12 AM May 8th, 2016
The camp of Rodrigo Duterte has filed treason and espionage charges against President Benigno Aquino III and Sen. Antonio Trillanes IV for undertaking “back-channel talks” with China that “only advanced [the] interest of our Asian neighbor.”
Martin Diño, Duterte’s national campaign manager, announced Friday’s filing of the treason and espionage charges by supporters of the Davao mayor in the Office of the Ombudsman, at a press conference at Club Filipino in San Juan City.
The filing came as Trillanes publicly accused Duterte, the front-runner in the presidential race, of having millions of pesos in undeclared bank accounts.
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The complaint said “Senator Trillanes met with the Chinese 16 times, and he requested that the meeting [be] secret. In those meetings, Trillanes made mention that the Philippines cannot enforce coastal protection. And that made the Chinese take an aggressive [stance] and take over our areas like Scarborough Shoal and Spratly Islands. That alone constitutes treason,” former Rep. Ronald Adamat, one of the complainants, said, quoting from supposed notes made by former Philippine Ambassador to China Sonia Brady.
Although the complaint recognized that under the law, treason requires that the Philippines be involved in a war, it said “external aggression” was committed by China when it “immediately occupied the subject areas.”
As for the charge of espionage, the complaint said China had been “emboldened” by the information “gathered from” Trillanes.
“We include the President because Trillanes could not have done this without the order of the President. They breached international policy. They did it without coursing their efforts through the foreign affairs department,” Adamat said.
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BOOK TWO
CRIMES AND PENALTIES
Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Chapter One
CRIMES AGAINST NATIONAL SECURITY
Section One. — Treason and espionage
Art. 114. Treason. — Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.chanrobles virtual law library
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).
Art. 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 P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos.chanrobles virtual law library
Art. 116. Misprision of treason. — Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.chanrobles virtual law library
Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.chanrobles virtual law libr
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