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The document outlines the legal definitions and penalties for treason in the Philippines, including the requirements for conviction and the differing consequences for citizens and aliens. It discusses the concepts of qualified and absolute allegiance, emphasizing that allegiance to a legitimate government persists even under enemy occupation. Additionally, it references the Hague Convention of 1907, which clarifies that military occupation does not transfer sovereignty, contrasting it with an outdated theory that suggested otherwise.

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17 views1 page

TITLE ONE Notes

The document outlines the legal definitions and penalties for treason in the Philippines, including the requirements for conviction and the differing consequences for citizens and aliens. It discusses the concepts of qualified and absolute allegiance, emphasizing that allegiance to a legitimate government persists even under enemy occupation. Additionally, it references the Hague Convention of 1907, which clarifies that military occupation does not transfer sovereignty, contrasting it with an outdated theory that suggested otherwise.

Uploaded by

apnacino
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TITLE ONE: CRIMES AGAINST NATIONAL SECURITY & THE LAW OF NATIONS

Art. 114. Treason - Any Filipino citizen who levies war against the Philippines or adheres to her
enemies, giving them aid or comfort within the Philippines or elsewhere, shall be punished by
reclusion perpetua to death and shall pay a fine not to exceed 4 million pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least to the
same overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in
paragraph 1 of this Article shall be punished by reclusion temporal to death and shall pay a fine
not to exceed 4 million pesos.

Laurel v. Misa (1947)

Qualified and temporary allegiance


Foreigner owes to the government or sovereignty of the territory wherein he resides, so long as
he remains there, in return for the protection he receives, which consists in the obedience to
the laws of the government or sovereign.

Absolute and permanent allegiance


Consists in the obligation of fidelity and obedience to his government or sovereignty.
- Absolute and permanent allegiance of the inhabitants of a territory occupied by the
enemy to their legitimate government or sovereign is not abrogated or severed by the
enemy occupation, because the sovereignty of the government or sovereign de jure is
not transferred thereby to the occupier.
- Sovereignty cannot be suspended. It can only be destroyed, severed, or transferred to
another. What is suspended is the exercise of the rights of sovereignty. Part of the
“rules of international law” recognized, by necessary implication, of Hague Regulation.
- Since sovereignty is not suspended and continues to subsists during enemy occupation,
there is no such thing as suspended allegiance.

Theories
1. Hague Convention of 1907
a. Military occupation of an enemy territory does not transfer the sovereignty
b. ‘sovereignty’ means the exercise of the rights of sovereignty
2. Old theory
a. Occupation transfers the sovereignty to the occupant
b. Obsolete after the adoption of the Hague Regulations

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