Legal basis and declared intent
- Executive Order No. 44 is issued under powers vested by the Constitution and laws of the Philippines.
- The issuance cites Commonwealth Act No. 600, as amended by Commonwealth Act No. 620, and Commonwealth Act No. 671.
- The governing intent is to safeguard the integrity of the Philippines and preserve internal security during a national emergency.
- The order aims to curb and suppress treason committed both by Filipinos and by aliens residing in the Philippines.
- The order is designed to enable the Commonwealth Government to prosecute resident aliens for treason by extending to them the full force and effect of the law.
Amended Article 114: treason definition
- Article 114 (as amended by Executive Order No. 44) defines treason for a covered person as a person who, owing allegiance to the United States or the Government of the Philippine Islands, is not being a foreigner.
- The same definition covers conduct where the person levies war against those governments.
- The definition also covers conduct where the person adheres to their enemies.
- Treason is committed when adhesion gives aid or comfort to the enemies within the Philippine Islands or elsewhere.
- The amended structure requires conviction for treason to satisfy the evidentiary rule stated in Article 114.
Penalties for treason: persons owing allegiance
- Article 114 imposes reclusion temporal to death for the treason described in its first paragraph (for the person not being a foreigner).
- Article 114 also requires a fine not to exceed 20,000 pesos for that same first-paragraph treason.
- Article 114 further provides that conviction is governed by the evidentiary requirement on two witnesses or confession in open court.
Penalties for treason: resident aliens
- Article 114 provides that any alien, residing in the Philippine Islands, who commits acts of treason as defined in the first paragraph is punished under the second paragraph.
- The penalty for such a resident alien is prision mayor to death.
- Article 114 also requires a fine not to exceed 20,000 pesos for the resident alien under the second paragraph.
Evidentiary rule for treason conviction
- Article 114 bars conviction of treason unless supported by at least two witnesses.
- The two witnesses must testify to the same overt act.
- Article 114 allows conviction when the accused makes a confession in open court.
- Article 114 makes the evidentiary requirement a condition of conviction for treason generally, including the amended coverage.
Effect of the amendment
- Executive Order No. 44 amends Article 114 by substituting the amended treason provisions that now include a penalty scheme for resident aliens.
- The amendment is expressly framed to alter and modify the prior Article 114 that previously excluded resident aliens.
- The amended Article 114 contains two penalty tiers: one for persons not being a foreigner and another for resident aliens.