Article 114

Treason

People vs. Marcaida

79 Phil. 283, G.R. No. L-953, September 18, 1947

FACTS: The case is an appeal by Pedro Marcaida, who was convicted of the crime of treason. He points
out three errors incurred by the Court of Pueblo, one of which is that his citizenship was sufficiently
tested. The defense contends that the evidence of record does not prove citizenship. The defense
argues that the witness testified in Tagalog saying, "Taga Lopez", referring to Lopez, Quezon Province,
and that he was born in Lopez. However, no such thing is found in the record, therefore, his Philippine
citizenship is not properly tested.

ISSUE: Whether or not the defendant shall be convicted of treason

HELD: No. The defendant then, according to the evidence of record, may be a Filipino or a foreigner. His
Philippine citizenship is not sufficiently tested or proven. The defendant is called Pedro Marcaida. By his
name, he can be a Filipino, Spanish or South American. There is no proof of the citizenship of his
parents. He can be a descendant of Spanish subjects who opted to remain Spanish and retain their
loyalty to the Crown of Spain, in accordance with the provisions of the Treaty of Paris. It may also
happen that he is a descendant of a South American, with his father refusing to use the provisions of the
naturalization law, thereby acquiring the nationality of his father. Certainly, his citizenship cannot be
ascertained. Foreigners owe allegiance to the government of America during the time of the defendant's
residence. Furthermore, Article 114 of The Revised Penal Code, which reads "Any Filipino citizen who
levies war against the Philippines or adheres to her enemies giving them aid or comfort within the
Philippines or elsewhere...", is guilty of treason, has excluded the foreign nationals in its scope.
However, Executive Order No. 44, recognizing that it was not possible under the Revised Penal Code to
punish foreign residents in the Philippines that have helped the enemies, for the crime of treason,
amended Article 114, by adding the paragraph, "Likewise, any alien, residing in the Philippine Islands,
who commits acts of treason as defined in paragraph 1 of this article shall be punished..." But in the case
at bar, the events took place in 1944, a year before Executive Order No. 44 has taken effect on May 31,
1945. If the defendant is Filipino, owing allegiance to the Commonwealth Government, he must be
condemned for treason, but if he is a foreigner, he cannot be punished for acts committed prior to the
amendment of Article 114 of the Revised Penal Code. As the evidence clearly established that the
defendant is either Filipino or a foreigner, he cannot be criminally responsible for the crime of treason.

RATIO: Under the first paragraph of Article 114, the offender in treason must be a Filipino citizen, as he
should not be a foreigner. Before Article 114 was amended by Executive Order No. 44, it was not possible
under the Revised Penal Code to punish for treason, resident aliens who aided the enemies. Now, as
amended, the Revised Penal Code punishes a resident alien who commits treason.