A proposed change to the Revised Penal Code seeking to criminalize the surrender of Filipinos to foreign or international bodies was filed in the House of Representatives on Friday by lawmakers from Davao City, introducing a new definition of treason with penalties that include life imprisonment.
The measure, authored by Davao City First District Rep. Paolo Duterte and co-authored by Second District Rep. Omar Duterte and Puwersa ng Pilipinong Pandagat Rep. Harold James Duterte, proposes adding a provision to Article 114 that would punish any Filipino who hands over a fellow citizen to a foreign state or international organization, if such surrender results in interrogation, detention, or death.
Under the bill, the offense would carry penalties ranging from reclusion perpetua—defined as imprisonment from 20 years and one day up to 40 years—to death, along with a fine of up to ₱4 million. Public officials found liable would also face immediate removal from office.
Article 114, as it currently stands, penalizes Filipinos who wage war against the Philippines or give aid and comfort to the country’s enemies. Jurisprudence, however, has long confined the application of treason to periods of armed conflict with another state.
As the Supreme Court has stated, “Treason is a war crime. It is not an all-time offense. It cannot be committed in peace time. While there is peace, there are no traitors. Treason may be incubated when peace reigns. Treasonable acts may actually be perpetrated during peace, but there are no traitors until war has started.”
The filing comes amid unverified claims circulating in political circles that the International Criminal Court has issued a warrant against Senator Ronald Dela Rosa in relation to his role in the government’s anti-drug campaign under former President Rodrigo Duterte. Dela Rosa previously served as chief of the Philippine National Police from July 2016 to April 2018.
The elder Duterte was arrested on March 12 and is currently detained in The Hague, where he faces charges before the International Criminal Court for alleged crimes against humanity tied to killings committed between November 2011 and March 2019.
In a statement from Rep. Paolo Duterte’s office, the lawmakers framed the proposal as a safeguard for citizens, asserting that “every Filipino must be able to rely on their country—and its officials—for protection, not betrayal.” They added that public officials should not possess authority to surrender Filipinos to foreign entities “especially when such actions are driven by political expediency or external pressure,” underscoring their view that loyalty to national sovereignty must take precedence over partisan considerations.
