Amendment on Treason Law Extending Punishment to Resident Aliens

Executive Order No. 44 is issued by the President pursuant to constitutional and legal powers.
The President specifically grounds the issuance on Commonwealth Act No. 600, as amended by Commonwealth Act No. 620, and Commonwealth Act No. 671.
The amendment operates by rewriting Article 114 of the Revised Penal Code to include punishment for resident aliens.

The order is driven by the need to safeguard the integrity of the Philippines and preserve internal security during a national emergency.
The order is meant to curb and suppress treason committed both by Filipinos and by aliens residing in the Philippines.
The amendment is intended to enable the Commonwealth Government to prosecute resident aliens for treason by extending the full force and effect of the law.

Article 114 defines Treason as committed by any person who, owing allegiance to the United States or the Government of the Philippine Islands, and not being a foreigner, levies war against them or adheres to their enemies.
Treason includes adherence to the enemies of the United States or the Government of the Philippine Islands when such adherence gives them aid or comfort within the Philippine Islands or elsewhere.
The amendment retains the same evidentiary protection for conviction for treason: conviction requires either specified witness testimony or a specific confession.

Treason committed by the described person is punishable by reclusion temporal to death.
The same treason offense carries a fine not exceeding 20,000 pesos.
Treason conviction must meet the evidentiary requirements stated in Article 114 for the same overt act or a qualifying confession.

Article 114 likewise provides that any alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of the same Article 114 is punishable under the alien-specific penalty.
For resident aliens, the penalty is prision mayor to death.
The resident-aliens treason offense also carries a fine not exceeding 20,000 pesos.

A person commits treason when the person’s conduct falls under the described allegiance-based betrayal: levies war against the United States or the Government of the Philippine Islands, or adheres to their enemies.
The adherence prong is satisfied when it gives the enemies aid or comfort within the Philippine Islands or elsewhere.
Article 114 requires that no person shall be convicted of treason unless the proof consists of:
- the testimony of two witnesses at least to the same overt act, or
- a confession of the accused in open court.