QuestionsQuestions (LTO Memorandum Circular No. AVT-2015-1969)
It seeks to safeguard the integrity of the Philippines and preserve internal security during a national emergency by curbing and suppressing treason, including by enabling the Commonwealth Government to prosecute resident aliens for treason.
It amended Article 114 (Treason) of the Revised Penal Code.
The President cited powers vested by the Constitution and laws, particularly Commonwealth Act No. 600 as amended by Commonwealth Act No. 620, and Commonwealth Act No. 671.
Any person who, owing allegiance to the United States or the Government of the Philippine Islands, is not a foreigner, and who levies war against them or adheres to their enemies, giving them aid or comfort within the Philippines or elsewhere.
Treason is committed by levying war against the government to which the accused owes allegiance, or adhering to the enemies of that government, giving them aid or comfort within the Philippines or elsewhere.
Reclusion temporal to death, and a fine not to exceed 20,000 pesos.
Likewise, any alien residing in the Philippine Islands who commits acts of treason defined in paragraph 1 shall be punished by prision mayor to death, and shall pay a fine not to exceed 20,000 pesos.
The original text excluded resident aliens; EO No. 44 was enacted to alter it so that resident aliens could be prosecuted for treason under Philippine law.
No person shall be convicted of treason unless on the testimony of at least two witnesses to the same overt act, or on the accused’s confession in open court.
It requires that the two witnesses testify to the same specific overt act that constitutes the treason, not merely to similar or unrelated acts.
The text requires either (1) testimony of at least two witnesses to the same overt act or (2) confession in open court; therefore, a conviction must still satisfy these requirements and cannot rely solely on other forms of proof that do not meet the stated rule.
No. It expressly includes aid or comfort given within the Philippine Islands or elsewhere.
Only an alien residing in the Philippine Islands is expressly covered by the second paragraph of amended Article 114.
A fine not to exceed 20,000 pesos.
The text differentiates the penalty ranges: non-foreigners face reclusion temporal to death, while resident aliens face prision mayor to death, reflecting a legislative gradation in punishment for the covered categories.
That the accused owes allegiance to the U.S. or the Government of the Philippine Islands; that the accused is not a foreigner; and that the accused either levied war against them or adhered to their enemies giving aid or comfort within the Philippines or elsewhere; and that conviction meets the two-witness/same overt act or open-court confession rule.