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~ CRIMINAL LAW REVIEWER
VOLUME IL
_In People v. Clores, G.R. No. 82362, April 26, 1990, the
testimony of only one witness, if credible and positive, is sufficient to
support a criminal conviction for murder. The fact that his testimony
is uncorroborated will not detract from its credibility. There is no
law which requires that the testimony of a single witness has to be
corroborated, except where expressly mandated as in treason where
the testimony of at least two witnesses to the same overt act is
led.
PROPOSAL OR CONSPIRACY TO COMMIT TREASON (#¢-IIS)
Proposal or conspiracy to commit treason is committed by
Filipino citizen or resident alien, who has decided to commit treason
ee its execution to some other person or persons. (Article
- Conspiracy to commit treason is committed by two or more
Filipino citizens andor resident aliens, who come to an agreement
concerning the commission of treason and decide to commit it.
(Article 115)
Appointment
Mere possession of an appointment as officer of the enemy of the
State is not an evidence of a crime. (US v. Manalo, G.R. No. L-2723,
August 9, 1906) Mere acceptance of the commission as officer of the
enemy of the State is not an evidence of treason. But the acceptor can
be held liable for a lesser crime. (U.S. v. Delos Reyes, G-R. No. 1434,
February 23, 1904) Attending meeting where conspiracy to levy war
against the government was hatched, acceptance of appointment as
officer of the armed forces to be raised for the furtherance of the
designs of the conspirators and assumption of obligation as officer
constitute the crime of conspiracy to commit treason by levying war.
(U.S. v. Bautista, G.R. No. L-2189, November 3, 1906)
Membership
In treason by levying war, membership in an organization
established to levy war against the Philippine government in
adherence to foreign enemy is not constitutive of treason in the
Absence of actual assemblage of mon for purpose of executing a
trensonable design by force. However, members may be held liable
for conspiracy to commit treason. If there is actual assemblage of
men for treasonable purpose, there is treason even though there
