People vs. Manayao 78 Phil. 721 (1947)

4

Treason and Citizenship

People vs. Manayao

78 Phil. 721 (1947)

Facts:

Pedro Manayao, being a Makapili, considered himself a member of the Japanese armed forces. He contended that he thereby lost his Filipino citizenship under paragraphs 3, 4 and 6 of Sec. 1 of Commonwealth Act No. 63 providing: "... a Filipino may lose his citizenship; by accepting commission in the military, naval or air service of a foreign country….."

Issue:

Whether or not appellant had lost his Philippine citizenship and was therefore not amenable to the Philippine law of treason

Held:

            No.

Ratio:

Constitutional provision covers both time of peace and time of war, but it is brought more immediately and peremptorily into play when the country is involved in war. During such a period of stress, under a constitution enshrining such tenets, the citizen cannot be considered free to cast off his loyalty and obligations toward the Fatherland. And it cannot be supposed, without reflecting on the patriotism and intelligence of the Legislature, that in promulgating Commonwealth Act No. 63, under the aegis of our Constitution, it intended (but did not declare) that the duties of the citizen solemnly proclaimed in the above-quoted constitutional precept could be effectively cast off by him even when his country is at war, by the simple expedient of subscribing to an oath of allegiance to support the constitution or laws of a foreign country, and an enemy country at that, or by accepting a commission in the military, naval or air service of such country, or by deserting from the Philippine Army, Navy, or Air Corps.