Question & AnswerQ&A (EXECUTIVE ORDER NO. 44)
The subject matter of Executive Order No. 44 is the amendment of Article 114 of the Revised Penal Code defining and punishing the crime of treason, particularly to include resident aliens within its scope.
The amendment aimed to safeguard the integrity of the Philippines and preserve internal security during a national emergency by curbing and suppressing treason, and to extend the law's full force and effect to resident aliens committing treason.
Treason is defined as any person, owing allegiance to the United States or the Government of the Philippine Islands, not being a foreigner, who levies war against them or adheres to their enemies giving them aid or comfort within the Philippine Islands or elsewhere.
The penalties include reclusion temporal to death and a fine not exceeding 20,000 pesos.
No person shall be convicted of treason unless on the testimony of at least two witnesses to the same overt act or on the confession of the accused in open court.
Yes, any alien residing in the Philippines who commits acts of treason as defined is punishable under the law.
Resident aliens who commit treason shall be punished by prision mayor to death and shall pay a fine not to exceed 20,000 pesos.
Owing allegiance refers to the legal duty or loyalty owed by a person to the United States or the Government of the Philippine Islands.
Because the original text excluded resident aliens, the amendment was necessary to enable the Commonwealth Government to prosecute resident aliens for treason and apply the law to them fully.
It means taking up arms or engaging in hostilities against the United States or Philippine Government with the intent to overthrow or undermine their authority.
It means supporting or assisting enemies of the United States or Philippine Government, thereby betraying one’s allegiance, either through providing support, intelligence, shelter, or other forms of assistance.
This requirement safeguards against wrongful conviction by ensuring that there is strong, credible evidence to prove the grave charge of treason.