Title
Supreme Court
Amendment on Treason Law Extending Punishment to Resident Aliens
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, establishing severe penalties for both Filipinos and aliens who commit acts against the state during a time of national emergency.

Law Summary

Scope and Application

  • The law covers any person owing allegiance to the United States or the Government of the Philippine Islands, except foreigners.
  • Resident aliens in the Philippines are explicitly included and subject to penalties for treasonous acts.

Definition of Treason

  • Treason involves levying war against the United States or the Philippine Government.
  • It also covers adhering to the enemies of these governments by giving them aid or comfort, either within the Philippines or elsewhere.

Penalties for Treason

  • Filipinos guilty of treason face penalties ranging from reclusion temporal (imprisonment) to death.
  • They may also be fined up to 20,000 pesos.
  • Resident aliens committing treason face penalties ranging from prision mayor (serious imprisonment) to death.
  • They are also liable to pay fines up to 20,000 pesos.

Evidence Required for Conviction

  • Conviction requires the testimony of at least two witnesses to the same overt act.
  • Alternatively, a confession made by the accused in open court is sufficient for conviction.

Purpose and Justification of the Amendment

  • The amendment aims to safeguard the Philippines' integrity and internal security during a national emergency.
  • It extends the government’s ability to prosecute treasonous actions by resident aliens, previously excluded under the original law.

Legal Authority and Effectivity

  • The amendment is issued under the authority of the President of the Philippines through constitutional and statutory powers.
  • It was promulgated on May 31, 1945, during the Commonwealth period of the Philippines.

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.