Coverage, persons, and allegiance triggers
- Treason applies to every person, resident in the Philippine Islands, owing allegiance to the United States or the Government of the Philippine Islands (Section 1).
- Misprision of treason applies to every person owing such allegiance who has knowledge of treason (Section 2).
- Insurrection/rebellion offenses apply to every person owing allegiance to the United States or the Government of the Philippine Islands who incites, sets on foot, assists, or engages in rebellion or insurrection, or aids and comforts those so engaging (Section 3).
- Sedition applies to all persons who rise publicly and tumultuously to attain specific prohibited objects (Section 5).
- Seditious utterances apply to every person who utters, writes, publishes, or circulates specified seditious materials or knowingly conceals such practices (Section 8).
- Secret societies apply to all persons who meet to form, form, or continue membership in secret societies organized in whole or in part for treason, rebellion, or sedition, or for promulgating political opinion or policy (Section 9).
- Restrictions on advocacy of independence apply to any person while the state of war or insurrection is ongoing until officially proclaimed otherwise (Section 10).
- Oaths and engagements offenses apply to every person who administers, consents to administering, attempts to induce/compel, or takes specified criminal-binding oaths or engagements (Sections 11–12).
- Violation of allegiance oaths applies to any person who swore to recognize/accept supreme authority of the United States in the Islands or to maintain true faith and allegiance and later violates the oath terms (Section 14).
- A foreigner residing in the Philippine Islands is punished for the crimes in preceding sections except treason and misprision of treason in the same way and with the same penalty as the particular crime (Section 17).
Core crimes: treason, misprison, and insurrection
- Section 1 defines treason as levying war against the United States or the Government of the Philippine Islands, or adhering to their enemies, giving them aid and comfort within the Philippine Islands or elsewhere.
- Upon conviction of treason (Section 1), 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 defines misprision of treason as knowledge of any treason that is concealed and not disclosed as soon as may be to the provincial governor, the Civil Governor of the Islands, or a judge of a court of record.
- The penalty for misprision of treason (Section 2) is imprisonment of not more than seven years and a fine of not more than one thousand dollars.
- Section 3 defines the insurrection/rebellion offense as inciting, setting on foot, assisting, or engaging in rebellion or insurrection against the authority of the United States or the Government of the Philippine Islands, or against their laws, or giving aid or comfort to anyone so engaging.
- The penalty for this offense (Section 3) is imprisonment for not more than ten years and a fine of not more than ten thousand dollars.
Conspiracy against government and force
- Section 4 punishes conspiracy by two or more persons to overthrow, put down, or destroy by force either:
- the Government of the United States in the Philippine Islands; or
- the Government of the Philippine Islands;
- or to prevent, hinder, or delay by force the execution of any law of the United States or the Government of the Philippine Islands;
- or to seize, take, or possess any property of the United States or the Government of the Philippine Islands contrary to authority.
- Each conspirator under Section 4 is punished by:
- a fine of not more than five thousand dollars; and
- imprisonment, with or without hard labor, for a period of not more than six years.
Sedition: public tumult and prohibited objectives
- Section 5 provides that persons who rise publicly and tumultuously to attain any of the following by force or outside of legal methods commit sedition:
- To prevent the promulgation or execution of any law or the free holding of any popular election.
- To prevent the Insular Government, any provincial or municipal government, or any public official from freely exercising duties or the due execution of any judicial or administrative order.
- To inflict any act of hate or revenge upon the person or property of any official or agent of the Insular Government, or a provincial or municipal government.
- To inflict, with a political or social object, any act of hate or revenge upon individuals or any class of individuals in the Islands.
- To despoil, with a political or social object, any class of persons (natural or artificial), a municipality, a province, or the Insular Government or the Government of the United States, or any part of its property.
- The penalty for sedition under Section 6 is:
- a fine of not exceeding five thousand dollars; or
- imprisonment of not exceeding ten years; or
- both.
- Section 7 punishes conspiracy to commit sedition by a fine of not exceeding one thousand dollars or imprisonment of not exceeding five years, or both.
Seditious utterances and unlawful assemblies
- Section 8 punishes any person who:
- utters seditious words or speeches;
- writes, publishes, or circulates scurrilous libels; or
- does any of these in a way that:
- is against the Government of the United States or the Insular Government of the Philippine Islands; or
- tends to disturb or obstruct any lawful officer in executing office; or
- tends to instigate others to cabal or meet together for unlawful purposes; or
- suggests or incites rebellious conspiracies or riots; or
- tends to stir up the people against lawful authorities or disturb the peace, safety, and order of the Government, or the peace of the community; or
- knowingly conceals such evil practices.
- The penalty under Section 8 is a fine of not exceeding two thousand dollars or imprisonment of not exceeding two years, or both, at the discretion of the court.
- Section 9 punishes persons who:
- meet together for the purpose of forming; or
- form; or
- after passage of the Act, continue membership in a secret society
having as object, in whole or in part, the promotion of treason, rebellion, or sedition, or the promulgation of any political opinion or policy.
- The penalty under Section 9 is a fine of not exceeding one thousand dollars or imprisonment of not exceeding one year, or both.
Independence advocacy during ongoing war/insurrection
- Section 10 makes it unlawful, until officially proclaimed that a state of war or insurrection against the authority or sovereignty of the United States no longer exists in the Philippine Islands, for any person to:
- advocate, orally or by writing or printing, or like methods, the independence of the Philippine Islands or their separation from the United States, whether by peaceable or forcible means; or
- print, publish, or circulate any handbill, newspaper, or other publication advocating such independence or separation.
- The penalty for a violation of Section 10 is a fine of not exceeding two thousand dollars and imprisonment of not exceeding one year.
Oaths, engagements, and compulsion offenses
- Section 11 punishes any person who administers, or is present and consents to administering, an oath or engagement purporting to bind the taker to commit any crime punishable by death or by imprisonment for five years or more, or who attempts to induce or compel any person to take such an oath or engagement, or who himself takes such oath or engagement.
- The penalty under Section 11 is a fine of not exceeding two thousand dollars or imprisonment of not exceeding ten years.
- Section 12 punishes persons who administer, or are present and consent to administering, an oath or engagement purporting to bind the taker to:
- engage in any seditious purpose; or
- disturb the public peace or commit or endeavor to commit any criminal offense; or
- fail or refuse to inform and give evidence against any associate, confederate, or other person; or
- fail or refuse to reveal or discover any unlawful combination or confederacy or any illegal act done or to be done or any illegal oath or obligation or engagement that may have been administered or tendered or taken by any person, or the import of any such oath, obligation, or engagement.
- Section 12 also punishes anyone who attempts to induce or compel any person to take such oath or engagement, and anyone who takes such oath or engagement.
- The penalty under Section 12 is a fine of not exceeding one thousand dollars or imprisonment of not exceeding five years, or both.
- Section 13 provides that offenses under Sections 11–12 committed under compulsion that would otherwise excuse the offender are not excused unless the offender declares the compulsion and what is known, by information under oath to specified officials.
- The declaration must be made:
- within fourteen days after commission of the offense; or
- within eight days after cessation of hindrance if hindered by actual force or sickness.
- The sworn information must be made before a justice of the peace, a judge of a Court of First Instance, or the provincial fiscal of the municipality or province where the oath or engagement was administered or taken.
- Section 13 further allows making the declaration on trial if it occurs before expiration of either period.
Violation of allegiance oaths
- Section 14 punishes any person who took an oath before a military officer of the Army of the United States or before an officer under the Civil Government of the Philippine Islands, whether or not specially authorized by law, in which the affiant in substance engaged to:
- recognize or accept the supreme authority of the United States of America in these Islands; or
- maintain true faith and allegiance thereto; or
- obey the laws, legal orders, and decrees promulgated by its duly constituted authorities.
- Section 14 imposes liability when, after passage of the Act, the person violates the terms of such oath or any of its provisions.
- The penalty under Section 14 is a fine of not exceeding two thousand dollars or imprisonment of not exceeding ten years, or both.
Territorial exceptions and authorized prosecutions
- Section 15 provides that the Act does not apply to the organized Provinces of Batangas, Cebu, and Bohol, nor to any province where civil government has not been established, so long as insurrection against the authority of the United States exists therein.
- Section 15 allows application in such territories if the Commanding General of the Army of the United States, Division of the Philippines authorizes and directs prosecutions in the civil courts for offenses under the Act.
Repeals, separability, and continuing effect
- Section 16 repeals all laws and parts of laws now in force to the extent of conflict with the Act.
- Section 16 preserves the operation of existing laws for pending actions or existing causes of action by stating the Act remains prospective as to those causes of action or pending actions.
- Section 16 provides that existing laws remain in full force and effect for pending actions or existing causes of actions.