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This document discusses the definition and punishment of treason under both US and Philippine law. It provides the relevant constitutional and statutory provisions around treason from the US Constitution, 1790 US statute, 1862 US statute, and the Revised US Statutes. It also discusses the Spanish Penal Code's definition of treason, rebellion, and sedition. The facts of the case involve a man named Lagnason who led an armed group against US forces occupying Negros province and was captured and convicted of treason.
This document discusses the definition and punishment of treason under both US and Philippine law. It provides the relevant constitutional and statutory provisions around treason from the US Constitution, 1790 US statute, 1862 US statute, and the Revised US Statutes. It also discusses the Spanish Penal Code's definition of treason, rebellion, and sedition. The facts of the case involve a man named Lagnason who led an armed group against US forces occupying Negros province and was captured and convicted of treason.
This document discusses the definition and punishment of treason under both US and Philippine law. It provides the relevant constitutional and statutory provisions around treason from the US Constitution, 1790 US statute, 1862 US statute, and the Revised US Statutes. It also discusses the Spanish Penal Code's definition of treason, rebellion, and sedition. The facts of the case involve a man named Lagnason who led an armed group against US forces occupying Negros province and was captured and convicted of treason.
US v LAGNASON ● Article 3, Section 3 of the Constitution of the United
G.R. No 1582 States:
Willard, J. “Treason against the United States shall Group 2 consist only in levying war against them, or in adhering to their enemies, giving RELEVANT PROVISION: them aid and comfort. No person shall be ART 114 convicted of treason unless on the testimony of two witnesses to the same overt act or on Any person who, owing allegiance to (the United States or) the confession in open court.” Government of the Philippine Islands, not being a foreigner, ● The act of Congress of April 30, 1790 (1 Stat. L., levies war against them or adheres to their enemies, giving them 112), contained the following provision: aid or comfort within the Philippine Islands or elsewhere, shall Be it enacted by the Senate and House of be punished by reclusion temporal to death and shall pay a fine Representatives of the United States of America in Congress assembled, That if any not to exceed P20,000 pesos. person or persons, owing allegiance to the United States of America, shall levy war No person shall be convicted of treason unless on the testimony against them, or shall adhere to their of two witnesses at least to the same overt act or on confession enemies, giving them aid and comfort of the accused in open court. within the United States of elsewhere, and shall be thereof convicted, on confession in open court, or on the testimony of two Likewise, an alien, residing in the Philippine Islands, who witnesses to the same overt act of the commits acts of treason as defined in paragraph 1 of this Article treason whereof he or they shall stand shall be punished by prision mayor to death and shall pay a fine indicted, such person or persons shall be adjudged guilty of treason against the United not to exceed P20,000 pesos. (As amended by E.O. No. 44, May States, and shall suffer death. 31, 1945). ● The statute law of the United States stood in that form, so far as we are informed, until the act of July FACTS: 17, 1862 (12 Stat. L., 589), was passed. The first and ● Lagnason was charged with the crime of treason, was second sections of that were as follows: convicted and sentenced to death. Be it enacted by the Senate and House of ● The Province of Occidental Negros was occupied by Representatives of the United States of American troops. A band of men in arms were America in Congress assembled, That every formed both in the northern and southern region of person who shall hereafter commit the the province. Lagnason led the northern band, while crime of treason against the United States, Dionisio Papa led the southern one. The two operated and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall independently but in the month of September 1902, be declared and made free; or at the Lagnason placed himself and his forces under Papa, discretion of the court, he shall be who had the objective to establish an independent imprisoned for not less than five years and government. fined not less than ten thousand dollars, and ● October 29, 1902: The band attacked the pueblo of all his slaves, if any, shall be declared and Murcia but was driven off by the forces of made free; said fine shall be levied and Constabulary. That night, two inspectors of the collected on any or all of the property, real Constabulary arrived with additional forces and early and personal, excluding slaves, of which the the next morning they searched for Lagnason. said person so convicted was the owner at Lagnason and his party (70 - 80 men with five or ten the time of committing the said crime, any rifles, bolos, daggers and one small cannon wearing sale or conveyance to the contrary black shirts, white pants and black caps carrying two notwithstanding. large wooden crosses) was found and attacked. Lagnason was captured (armed with a rifle, a revolver and a bolo) in the battle and about twenty of his men SEC. 2. And be it further enacted, That if were killed. 2 policemen acting as guides working any person shall hereafter incite, set on with the Constabulary were killed. foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall them aid and comfort within the give aid or comfort thereto, or shall Philippine Islands or elsewhere, is guilty engage in, or give aid and comfort to, any of treason, and, upon conviction, shall such existing rebellion or insurrection, suffer death or, at the discretion of the and be convicted thereof, such person court, shall be imprisoned at hard labor shall be punished by imprisonment for a for not less than five years and fined not period not exceeding ten years, or by a less than ten thousand dollars. fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at SEC. 3. Every person who incites, sets on the discretion of the court." foot, assists, or engages in any rebellion or ● In the Revised Statutes of the United States these insurrection against the authority of the United States, or of the Government of provisions appear in section 5331, 5332, and 5334, the Philippine Islands, or the laws thereof, which are as follows: or who gives aid or comfort to anyone so SEC. 5331. Every person owing allegiance engaging in such rebellion or to the United States, who levies war insurrection, shall, upon conviction, be against them, or adheres to their enemies, imprisoned for not more than ten years giving them aid and comfort within the and he fined not more than ten thousands United States or elsewhere, is guilty of dollars. treason. ● The Spanish Penal Code defines and punishes the crimes of treason, rebellion, and sedition. Article 236 SEC. 5332. Every person guilty of treason of that code, relating to sedition, appears as section 5 suffer death; or at the discretion of the of Act No. 292, but that act, as to treason and court, shall be imprisoned at hard labor rebellion, is practically a reproduction of the sections for not less than five years and fined not quoted from the Revised Statutes. less than ten thousand dollars, to be levied ● Defining Treason: Acts of violence committed by an on and collected out of any or all of his armed body of men with the purpose of overthrowing property, real and personal, of which he was the Government was "levying war against the United the owner at the time of committing such States," and was therefore treason, whether it was treason, any sale or conveyance to the done by ten men or ten thousand. contrary notwithstanding; and every person ○ No distinction was anywhere made between so convicted of treason shall, moreover, be a foreign enemy and a rebel or insurgent so incapable of holding any office under the United States. far as the act of "levying war" is concerned. ○ Such a distinction has, however, been made under the second clause of the Constitutional provision, namely, giving SEC. 5334. Every person who incites, sets on foot, assists, or engages in any aid or comfort to an enemy. It has been rebellion or insurrection against the said that the word "enemy" means there authority of the United States, or the laws a foreign enemy and does not include a thereof, or gives aid or comfort thereto, rebel. shall be punished by imprisonment for ● If it were not for the provisions of the second not more than ten years, or by a fine of section, the defendant would be clearly guilty of not more than ten thousand dollars, or by treason and punishable under the first section of both of such punishments; and shall, Act No. 292. He was engaged in an attempt to moreover, be incapable of holding any office overthrow the Government and was captured after an under the United States. armed contest. It matters not how vain and futile his ● Sections 1 and 3 of Act No. 292 of the Philippine attempt was and how impossible of accomplishment. Commission are as follows: The acts performed by him constituted a levying of SECTION 1. Every person, resident in the war. Philippine Islands, owing allegiance to the ● Revised Statutes, section 5332, declares that treason United States, or the Government of the shall be punished by death, or imprisonment for not Philippine Islands, who levies war against less than five years. Section 5334 declares that one them or adheres to their enemies, giving engaging in a rebellion or insurrection against the United States shall be punished by imprisonment for not more than ten years. As the act of engaging in a rebellion is levying war, and therefore treason, the same act seems to be punished by both sections and in different ways. ISSUE:
● Whether or not Lagnason is guilty of the crime of
treason (Yes) [It is still treason.]
HELD:
● Judgment is affirmed with a change of the penalty
from death to 10 years and a fine of $10,000 with the costs of this instance against the defendant. RATIO:
● Looking at the act alone, we conclude that Congress
intended to punish treason thereafter committed with death, or fine and imprisonment, in the discretion of the court, unless the treason consist in engaging in or assisting a rebellion or insurrection against the authority of the United States, or the laws thereof, in which event the death penalty is to be abandoned and a less penalty inflicted. By this construction the apparent inconsistency in the provisions of the different sections is avoided and effect given to each clause of the act. ● The defendants are, therefore, in fact, on trial for treason, and they have had all the protection and privileges allowed to parties accused of treason, without being liable, in case of conviction, to the penalty which all other civilized nations have awarded to this, the highest of crimes known to the law. ● When the treason consisted of engaging in an insurrection or rebellion, it could be punished only by imprisonment for not more than ten years, in other cases it could be punished under section 1 by death, or imprisonment for not less than five years. There would be difference in respect to evidence to prove the two crimes. If rebellion and insurrection are treason, a defendant can not be convicted under section 3 except on the testimony of two witnesses to the same overt act or by confession in open court. (Act of Congress, March 8, 1902, sec. 9.) If they are not treason he could be convicted upon the testimony required in ordinary cases. In this case, as the overt act of the defendant was proved by two witnesses; neither is it necessary to decide whether the omission in section 3 of the phrase "owing allegiance to the United States," which is found in section 1 taken in connection with section 17 of the act, makes a difference between the two sections in the case at bar the defendant was a native of Cebu and is therefore covered both by section 1 and section 3.