QuestionsQuestions (EXECUTIVE ORDER NO. 44)
It amends Article 114 to curb and suppress treason by extending treason liability to resident aliens who commit acts defined in the amended paragraph, for purposes of national emergency and internal security.
No. The existing text excluded resident aliens, and EO 44 was issued to alter that exclusion.
It covers persons who owe allegiance to the United States or the Philippine Government and are not foreigners—i.e., essentially citizens (and those treated as owing allegiance) rather than foreigners.
The offender either (1) levies war against the United States or the Government of the Philippine Islands, or (2) adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere.
It refers to aligning oneself with the enemy, coupled with giving the enemy aid or comfort (i.e., supportive assistance that benefits the enemy), within the Philippines or elsewhere.
No. The law expressly allows that aid or comfort may be given "within the Philippine Islands or elsewhere."
Reclusion temporal to death, and a fine not exceeding 20,000 pesos.
Prision mayor to death, and a fine not exceeding 20,000 pesos.
It cites the statutory authority and powers under Commonwealth law (including CA 600 as amended by CA 620 and CA 671) to justify the President’s power to amend the Revised Penal Code.
It states the President acted "by virtue of the powers vested" in him by the Constitution and laws of the Philippines.
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.
It is a safeguard against wrongful conviction; the prosecution must establish the overt act with two witnesses whose testimony relates to the same overt act.
Yes. The law allows conviction on confession of the accused in open court as an alternative to the two-witness overt-act requirement.
A foreigner "residing in the Philippine Islands" who commits acts of treason as defined in paragraph 1; EO 44 specifically addresses this category.
It indicates intent to broaden treason coverage beyond citizens to include resident aliens, enabling prosecution during wartime and protecting the Commonwealth’s integrity.
It removes the exclusion of resident aliens from Article 114 by adding a separate provision imposing treason penalties on resident aliens.