QuestionsQuestions (Act No. 292)
Section 1 requires: (1) the accused is a person owing allegiance to the United States or the Government of the Philippine Islands; and (2) the accused either levies war against them or adheres to their enemies; and (3) in the “adheres” mode, the accused must give aid and comfort to the enemies within the Philippines or elsewhere.
The penalty is death or, at the discretion of the court, imprisonment at hard labor for not less than five years and a fine of not less than ten thousand dollars.
Section 2 punishes a person owing allegiance who has knowledge of any treason and who conceals it and fails to disclose it as soon as may be to specified authorities (provincial governor, Civil Governor, or a judge of a court of record).
It applies to one who incites, sets on foot, assists, or engages in rebellion/insurrection against the authority of the United States or the Government of the Philippine Islands or their laws, or who gives aid or comfort to such rebellion/insurrection. Maximum penalty: imprisonment not more than ten years and fine not more than ten thousand dollars.
Section 4 penalizes two or more persons who conspire to overthrow, put down, or destroy by force the Government of the United States in the Philippine Islands or the Government of the Philippine Islands; or to prevent/hinder/delay execution of any law by force; or to seize/take/possess property by force contrary to authority. Punishment: fine not more than five thousand dollars and imprisonment (with or without hard labor) for not more than six years, for each conspirator.
Section 5 covers persons who rise publicly and tumultuously by force/outside legal methods to: (1) prevent promulgation/execution of laws or free popular elections; (2) prevent governments or officials from exercising duties or the due execution of judicial/administrative orders; (3) inflict acts of hate/revenge on officials/agents; (4) inflict hate/revenge on individuals or classes with political/social object; (5) despoil with political/social object a class of persons or a municipality/province/insular government/Government of the United States or part of its property.
Penalty: a fine not exceeding five thousand dollars or imprisonment not exceeding ten years, or both.
Persons conspiring to commit sedition are punished by a fine not exceeding one thousand dollars or imprisonment not exceeding five years, or both.
Section 8 penalizes: uttering seditious words/speeches; writing/publishing/circulating scurrilous libels against the Government; acts that tend to disturb/obstruct lawful officers; acts that instigate people to cabal/meet for unlawful purposes; suggestions/incitement of rebellious conspiracies/riots; stirring up people against lawful authorities and disturbing peace/safety/order; and knowingly concealing such evil practices.
Section 8 focuses on speech/publications and acts that tend to disturb/obstruct authorities or incite rebellious conspiracies/riots and related concealment. Section 9 focuses on meeting together for forming or forming secret societies, or continuing membership in societies whose object is, in whole or part, the promotion of treason, rebellion, or sedition, or the promulgation of a political opinion/policy.
It is unlawful “until it has been officially proclaimed” that a state of war or insurrection against the authority/sovereignty of the United States no longer exists in the Philippines. The rationale is that during that period, advocating independence/separation is prohibited whether peaceable or forcible.
Section 10 mentions handbills, newspapers, or other publications advocating independence or separation. Penalty: a fine not exceeding two thousand dollars and imprisonment not exceeding one year.
Section 11 punishes anyone who administers or is present and consents to administering an oath/engagement binding the taker to commit a crime punishable by death or imprisonment for five years or more; also anyone who attempts to induce/compel another to take such oath/engagement; and anyone who himself takes it.
Section 12 covers oaths/engagements to: (1) engage in a seditious purpose; (2) disturb public peace or commit/endeavor to commit criminal offenses; (3) fail/refuse to inform and give evidence against associates; (4) fail/refuse to reveal unlawful combinations/confederacies/illegal acts/oaths/obligations/engagements and their import. It also punishes attempts to induce/compel and those who take such oaths/engagements.
It states that compulsion does not excuse unless within specified periods the person declares what he knows, and the persons by whom the oath/engagement was administered or taken, by information upon oath to specified authorities. The declaration must be made within fourteen days after commission, or within eight days after cessation of hindrance (force/sickness), or on trial if it happens before the expiration of those periods.