Title
Amending Article 114 on Treason Penalties
Law
Executive Order No. 44
Decision Date
May 31, 1945
Sergio Osmeña's Executive Order No. 44 amends Article 114 of the Revised Penal Code to include resident aliens in the definition and punishment of treason, ensuring that both Filipinos and foreigners can be prosecuted for acts against the state during a time of national emergency.

Inclusion of Resident Aliens

  • Resident aliens who commit acts of treason as defined are expressly covered under the law.
  • Resident aliens are subject to punishment even though they owe no allegiance to the Philippines or the U.S.

Punishments for Treason

  • For citizens (owing allegiance), the penalty ranges from reclusion temporal up to death.
  • A fine not exceeding 20,000 pesos is also imposed.
  • For resident aliens, the penalty ranges from prision mayor to death.
  • The same fine ceiling of 20,000 pesos applies to resident aliens.

Evidentiary Requirements for Conviction

  • Conviction requires either the testimony of at least two witnesses to the same overt act or the confession of the accused in open court.

Purpose and Authority for Amendment

  • The amendment aims to safeguard the Philippines' integrity and internal security during a national emergency.
  • It enables prosecution of resident aliens for treason, which was not possible under the original Article 114 of the Revised Penal Code.
  • The amendment was enacted by Executive Order No. 44 dated May 31, 1945, issued by President Sergio Osmeña.
  • The legal basis includes the powers vested by the Constitution and specific Commonwealth Acts (No. 600, 620, and 671).

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