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A. Laurel vs. E. Misa [SEPARATE OPINION PERFECTO, HILADO, PARAS]

ANASTACIO LAUREL, petitioner, vs. ERIBERTO MISA, respondent. [SEPARATE OPINION PERFECTO, HILADO, PARAS]

G.R. No. L-409 | 1947-01-30

Separate Opinions 

PERFECTO, J., concurring: 

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. 

As treason is basically a war crime, it is punished by the state as a measure of self-defense and self-preservation. The law of treason is an emergency measure. It remains dormant until the emergency arises. But as soon as war starts, it is relentlessly put into effect. Any lukewarm attitude in...