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VVocatus · Bar Exam Practice

Criminal Law, 2012 Bar — Question 45

Criminal Law
2012 BarCriminal LawQ. 45

MULTIPLE CHOICE

Can the crime of treason be committed only by a Filipino citizen? (A) Yes. The offender in the crime of treason is a Filipino citizen only because the first element is that the offender owes allegiance to the Government of the Philippines. (B) No. The offender in the crime of treason is either a Filipino citizen or a foreigner married to a Filipino citizen, whether residing in the Philippines or elsewhere, who adheres to the enemies of the Philippines, giving them aid or comfort. (C) No. The offender in the crime of treason is either a Filipino citizen or an alien residing in the Philippines because while permanent allegiance is owed by the alien to his own country, he owes a temporary allegiance to the Philippines where he resides. (D) Yes. It is not possible for an alien, whether residing in the Philippines or elsewhere, to commit the crime of treason because he owes allegiance to his own country.

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