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takes any such oath or engagement, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding five years, or both.
SEC. 13. Any person who under such compulsion as would otherwise excuse him offends against either of the last two preceding sections shall not be excused thereby unless within the periods hereinafter stated he declares the same, and what he knows touching the same, and the persons by whom such oath or obligation or engagement was administered or taken, by information upon oath before a justice of the peace, judge of a court of first instance, or provincial fiscal of the municipality or province in which such oath or engagement was administered or taken. Such declaration may be made by him within fourteen days after the commission of the offense, or, if he is hindered from making it, by actual force or sickness, then within eight days after cessation of such hindrance, or on his trial, if that happens before the expiration of either of those periods.
SEO. 14. Any person who shall have taken any oath before any military officer of the Army of the United States or before any officer under the civil government of the Philippine Islands, whether such official so administering the oath was specially authorized by law so to do or not, in which oath the affiant in substance engaged to recognize or accept the supreme authority of the United States of America in these islands, or to maintain true faith and allegiance thereto, or to obey the laws, legal orders, and decrees promulgated by its duly constituted authorities, and who shall, after the passage of this act, violate the terms and provisions of such oath or any of such terms or provisions, shall be punished by a fine not exceeding two thousand dollars or by imprisonment not exceeding ten years, or both.
SEC. 15. The provisions of this act shall not apply to the organized provinces of Batangas, Cebu and Bohol, nor to any province where civil government has not been established, so long as insurrection against the authority of the United States exists therein, unless the Commanding General of the Army of the United States, Division of the Philippines, shall authorize and direct prosecutions in the civil courts in such territories for offenses under this act, in which event it shall apply.
Sec. 16. All laws and parts of laws now in force, so far as the same may be in conflict herewith, are hereby repealed; provided, that nothing herein contained sball operate as a repeal of existing laws in so far as they are applicable to pending actions or existing causes of actions, but as to such causes of actions, or pending actions, existing laws shall remain in full force and effect, this act being entirely prospective.
SEC. 17. A foreigner, residing in the Philippine Islands, who shall commit any of the crimes specified in the preceding sections of this act except those specified in sections 1 and 2 shall be punished in the same way and with the same penalty as that prescribed for the particular crime therein.
SEC. 18. This act shall take effect on its passage.
OFFICE OF THE SECRETARY,
DIVISION OF INSULAR AFFAIRS.
REPORT ON ACT NO. 292, PHILIPPINE COMMISSION, ENTITLED “AN ACT DEFINING THE
Submitted by CHARLES E. MAGOON,
LAW OFFICER, DIVISION OF INSULAR AFFAIRS, WAR DEPARTMENT.
COMPARISON OF THE PROVISIONS OF ABOVE-ENTITLED ACT WITII
SIMILAR ENACTMENTS IN THE UNITED STATES.
ACT No. 292 of Philippine Commission, entitled "An act defining the crimes of treason, insurrection, sedition, conspiracies to commit such crimes, seditious utterances whether written or spoken, the formation of secret political societies, the administering or taking of oaths to commit crimes or to prevent the discovering of the same, and the violation of oaths of allegiance, and prescribing punishment therefor.”
COMPARISON OF THE PROVISIONS OF ABOVE ENTITLED ACT WITH SIMI
LAR STATUTES ENACTED IN THE UNITED STATES.
Act No. 292, Philippine Commis- Laws of the United States. (Rev. sion.
Stats. of United States.) SECTION 1. Every person, resi
Sec. 5331. Every person owing dent in the Philippine Islands, allegiance to the United States who owing allegiance to the United levies war against them, or adheres States or the government of the to their enemies, giving them aid Philippine Islands, who levies war and comfort within the United against them, or adheres to their States or elsewhere, is guilty of enemies, giving them aid and com- treason. fort within the Philippine Islands SEC. 5332. Every person guilty or elsewhere, is guilty of treason, of treason shall suffer death; or, at and, upon conviction, shall suffer the discretion of the court, shall be death, or, at the discretion of the imprisoned at hard labor for not court, shall be imprisoned at hard less than five years, and fined not labor for not less than five years less than ten thousand dollars, to be and fined not less than ten thousand levied and collected out of any or dollars.
all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the
United States. SEC. 2. Every person, owing SEC. 5333. Every person, owing allegiance to the United States or allegiance to the United States and the government of the Philippine having knowledge of the commisIslands and having knowledge of sion of any treason against them, any treason against them or either who conceals and does not, as soon of them, who conceals, and does as may be, disclose and make known not, as soon as may be, disclose and the same to the President or to make known the same to the pro- some judge of the United States, vincial governor in the province in or to the governor or to some judge which he resides, or to the civil or justice of a particular State, is governor of the islands, or to some guilty of misprision of treason,
judge of a court of record, is guilty and shall be imprisoned not more of misprision of treason, and shall than seven years and fined not be imprisoned not more than seven more than one thousand dollars. years and be fined not more than one thousand dollars.
SEC. 3. Every person who in- SEC. 5334. Every person who cites, sets on foot, assists, or en- incites, sets on foot, assists, or engages in any rebellion or insurrec- gages in any rebellion or insurrection against the authority of the tion against the authority of the United States or of the government United States, or the laws thereof, of the Philippine Islands, or the or gives aid or comfort thereto, laws thereof, or who gives aid or shall be punished by imprisonment comfort to anyone so engaging in not more than ten years, or by a such rebellion or insurrection, fine of not more than ten thousand shall, upon conviction, be impris- dollars, or by both of such punishoned for not more than ten years ments; and shall, moreover, be inand be fined not more than ten capable of holding any office under thousand dollars.
the United States. SEC. 4. If two or more persons
Sec. 5336. If two or more perconspire to overthrow, put down, sons in any State or Territory conor destroy by force the Govern- spire to overthrow, put down, or ment of the United States in the to destroy by force the GovernPhilippine Islands or the govern- ment of the United States, or to ment of the Philippine Islands, or levy war against them, or to opby force to prevent, hinder, or pose by force the authority thereof; delay the execution of any law of or by force to prevent, hinder, or the United States or of the Philip- delay the execution of any law of pine Islands, or by force to seize, the United States; or by force to take, or possess any property of seize, take, or possess any property the United States or of the govern- of the United States contrary to the ment of the Philippine Islands authority thereof; each of them contrary to the authority thereof, shall be punished by a fine of not each of such persons shall be pun- less than five hundred dollars and ished by a fine of not more than not more than five thousand dolfive thousand dollars, and by im- lars; or by imprisonment, with or prisonment, with or without hard without hard labor, for a period sabor, for a period not more than not less than six months nor more
than six years, or by both such
fine and imprisonment. SEC. 5. All persons who rise SEC. 5506. Every person who, publicly and tumultuously in or- by any unlawful means, hinders, der to attain by force or outside delays, prevents, or obstructs, or of legal methods any of the fol- combines and confederates with lowing objects, are guilty of sedi- others to hinder, delay, prevent, tion:
or obstruct any citizen from doing any act required to be done to qualify him to vote, or from vot
ing at any election in any State, PAR. 1. To prevent the promul- Territory, district, county, city, gation or execution of any law or parish, township, school district, the free holding of any popular municipality, or other territorial election.
subdivision, shall be fined not less than five hundred dollars, or be imprisoned not less than one month