TREASON (Article 114)
But the idea
Treason is a war crime. It is not an all-
time offense. It cannot be committed in
peace time. While there is peace, there
are no traitors. Treason may be incubated
when peace reigns. Treasonable acts
may actually be perpetrated during
peace, but there are no traitors until war
has started.
As treason is basically a war crime, it is
punished by the state as a measure of
self-defense and self-preservation. The
law of treason is an emergency measure.
It remains dormant until the emergency
arises. But as soon as war starts, it is
relentlessly put into effect. Any lukewarm
attitude in its enforcement will only be
consistent with national harakiri. All war
efforts would be of no avail if they should
be allowed to be sabotaged by fifth
columnists, by citizens who have sold
their country out to the enemy, or any
other kind of traitors, and this would
certainly be the case if he law cannot be
enforced under the theory of suspension.
Allegiance has been defined as the
obligation for fidelity and obedience which
the individual owes to his government or
his sovereign in return for the protection
which he receives.
Allegiance is that duty which is due from
every citizen to the state, a political duty
binding on him who enjoys the protection
of the Commonwealth, to render service
and fealty to the federal government. It is
that duty which is reciprocal to the right of
protection, arising from the political
relations between the government and
the citizen. Wallace vs. Harmstad, 44 Pa.
(8 Wright), 492, 501.
due from all men born within the King's
dominions immediately upon their birth,
for immediately upon their birth they are
under the King's protection. Natural
allegiance is perpetual, and for this
reason, evidently founded on the nature
of government.
Allegiance. — The tie which binds the
citizen to the government, in return for the
protection which the government affords
him. The duty which the subject owes to
the sovereign, correlative with the
protection received.
To those who think that sovereignty is an
attribute of government, and not of the
people, there may be some plausibility in
the proposition that sovereignty was
suspended during the enemy occupation,
with the consequence that allegiance
must also have been suspended,
because our government stopped to
function in the country.
cannot have any place under our
Constitution. If sovereignty is an essential
attribute of our people, according to the
basic philosophy of Philippine democracy,
it could not have been suspended during
the enemy occupation. Sovereignty is the
very life of our people, and there is no
such thing as "suspended life." There is
no possible middle situation between life
and death. Sovereignty is the very
essence of the personality and existence
of our people. Can anyone imagine the
possibility of "suspended personality" or
"suspended existence" of a people? In no
time during enemy occupation have the
Filipino people ceased to be what they
are.
The idea of suspended sovereignty or
suspended allegiance is incompatible
with our Constitution.
NOTES on CRIMINAL LAW Book 2 Page 1 of 1