ANASTACIO LAUREL, petitioner, vs. ERIBERTO MISA, respondent. Claro M. Recto and Querube C. Makalintal for petitioner.

First Assistant Solicitor General Reyes and Solicitor Hernandez, Jr., for respondent. RESOLUTION In G.R. No. L-409, Anastacio aurel !s. "riberto Misa, etc., the Court, a tin! on the petition "or #abeas corpus "i#ed $% &nasta io Laure# and $ased on a theor% that a 'i#ipino iti(en )ho adhered to the ene*% !ivin! the #atter aid and o*"ort durin! the +apanese o upation annot $e prose uted "or the ri*e o" treason de"ined and pena#i(ed $% arti #e ,,4 o" the Revised -ena# Code, "or the reason .,/ that the soverei!nt% o" the #e!iti*ate !overn*ent in the -hi#ippines and, onse0uent#%, the orre#ative a##e!ian e o" 'i#ipino iti(ens thereto )as then suspended1 and .2/ that there )as a han!e o" soverei!nt% over these Is#ands upon the pro #a*ation o" the -hi#ippine Repu$#i 3 .,/ Considerin! that a iti(en or su$4e t o)es, not a 0ua#i"ied and te*porar%, $ut an a$so#ute and per*anent a##e!ian e, )hi h onsists in the o$#i!ation o" "ide#it% and o$edien e to his !overn*ent or soverei!n1 and that this a$so#ute and per*anent a##e!ian e shou#d not $e on"used )ith the 0ua#i"ied and te*porar% a##e!ian e )hi h a "orei!ner o)es to the !overn*ent or soverei!n o" the territor% )herein he resides, so #on! as he re*ains there, in return "or the prote tion he re eives, and )hi h onsists in the o$edien e to the #a)s o" the !overn*ent or soverei!n. .Car#is#e !s. Unite States, 2, La). ed., 4291 Se retar% o" State 5e$ster Report to the -resident o" the United States in the ase o" Thraser, 6 5e$. 5or7s, 826/1 Considerin! that the a$so#ute and per*anent a##e!ian e o" the inha$itants o" a territor% o upied $% the ene*% o" their #e!iti*ate !overn*ent or soverei!n is not a$ro!ated or severed $% the ene*% o upation, $e ause the soverei!nt% o" the !overn*ent or soverei!n de $ure is not trans"erred there$% to the o upier, as )e have he#d in the ases o" Co %i& C#a& !s. 'aldez (an %e# and )izon .98 -hi#., ,,:/ and o" *eralta !s. )irector of *risons .98 -hi#., 2;8/, and i" it is not trans"erred to the o upant it *ust ne essari#% re*ain vested in the #e!iti*ate !overn*ent1 that the soverei!nt% vested in the titu#ar !overn*ent .)hi h is the supre*e po)er )hi h !overns a $od% po#iti or so iet% )hi h onstitute the state/ *ust $e distin!uished "ro* the e<er ise o" the ri!hts inherent thereto, and *a% $e destro%ed, or severed and trans"erred to another, $ut it annot $e suspended $e ause the e<isten e o" soverei!nt% annot $e suspended )ithout puttin! it out o" e<isten e or divestin! the possessor thereo" at #east durin! the so- a##ed period o" suspension1 that )hat *a% $e suspended is the e<er ise o" the ri!hts o" soverei!nt% )ith the ontro# and !overn*ent o" the territor% o upied $% the ene*% passes te*porari#% to the o upant1 that the su$sisten e o" the soverei!nt% o" the #e!iti*ate !overn*ent in a territor% o upied $% the *i#itar% "or es o" the ene*% durin! the )ar, =a#thou!h the "or*er is in "a t prevented "ro* e<er isin! the supre*a % over the*= is one o" the =ru#es o" internationa# #a) o" our ti*es=1 .II Oppenhei*, 6th Lauterpa ht ed., ,944, p. 4;2/, re o!ni(ed, $% ne essar% i*p#i ation, in arti #es 2:, 44, 48, and 82 o" >a!ue Re!u#ation1 and that, as a oro##ar% o" the on #usion that the soverei!nt% itse#" is not suspended and su$sists durin! the ene*% o upation, the a##e!ian e o" the inha$itants to their #e!iti*ate !overn*ent or soverei!n su$sists, and there"ore there

is no su h thin! as suspended a##e!ian e, the $asi theor% on )hi h the )ho#e "a$ri o" the petitioner?s ontention rests1 Considerin! that the on #usion that the soverei!nt% o" the United State )as suspended in Castine, set "orth in the de ision in the ase o" United States !s. Ri e, 4 5heaton, 246, 28:, de ided in ,;,9, and 0uoted in our de ision in the ases o" Co %i& C#a& !s. 'aldez (an %e# and )izon and *eralta !s. )irector of *risons, supra, in onne tion )ith the 0uestion, not o" soverei!nt%, $ut o" the e<isten e o" a !overn*ent de factotherein and its po)er to pro*u#!ate ru#es and #a)s in the o upied territor%, *ust have $een $ased, either on the theor% adopted su$se0uent#% in the >a!ue Convention o" ,909, that the *i#itar% o upation o" an ene*% territor% does not trans"er the soverei!nt% to the o upant1 that, in the "irst ase, the )ord =soverei!nt%= used therein shou#d $e onstrued to *ean the e<er ise o" the ri!hts o" soverei!nt%, $e ause as this re*ains vested in the #e!iti*ate !overn*ent and is not trans"erred to the o upier, it annot $e suspended )ithout puttin! it out o" e<isten e or divestin! said !overn*ent thereo"1 and that in the se ond ase, that is, i" the said on #usion or do trine re"ers to the suspension o" the soverei!nt% itse#", it has $e o*e o$so#ete a"ter the adoption o" the >a!ue Re!u#ations in ,909, and there"ore it an not $e app#ied to the present ase1 Considerin! that even adoptin! the )ords =te*porari#% a##e!ian e,= repudiated $% Oppenhei* and other pu$#i ists, as des riptive o" the re#ations $orne $% the inha$itants o" the territor% o upied $% the ene*% to)ard the *i#itar% !overn*ent esta$#ished over the*, su h a##e!ian e *a%, at *ost, $e onsidered si*i#ar to the te*porar% a##e!ian e )hi h a "orei!ner o)es to the !overn*ent or soverei!n o" the territor% )herein he resides in return "or the prote tion he re eives as a$ove des ri$ed, and does not do a)a% )ith the a$so#ute and per*anent a##e!ian e )hi h the iti(en residin! in a "orei!n ountr% o)es to his o)n !overn*ent or soverei!n1 that 4ust as a iti(en or su$4e t o" a !overn*ent or soverei!n *a% $e prose uted "or and onvi ted o" treason o**itted in a "orei!n ountr%, in the sa*e )a% an inha$itant o" a territor% o upied $% the *i#itar% "or es o" the ene*% *a% o**it treason a!ainst his o)n #e!iti*ate !overn*ent or soverei!n i" he adheres to the ene*ies o" the #atter $% !ivin! the* aid and o*"ort1 and that i" the a##e!ian e o" a iti(en or su$4e t to his !overn*ent or soverei!n is nothin! *ore than o$edien e to its #a)s in return "or the prote tion he re eives, it )ou#d ne essari#% "o##o) that a iti(en )ho resides in a "orei!n ountr% or state )ou#d, on one hand, ipso facto a 0uire the iti(enship thereo" sin e he has en"or e pu$#i order and re!u#ate the so ia# and o**er ia# #i"e, in return "or the prote tion he re eives, and )ou#d, on the other hand, #ose his ori!ina# iti(enship, $e ause he )ou#d not $e $ound to o$e% *ost o" the #a)s o" his o)n !overn*ent or soverei!n, and )ou#d not re eive, )hi#e in a "orei!n ountr%, the prote tion he is entit#ed to in his o)n1 Considerin! that, as a oro##ar% o" the suspension o" the e<er ise o" the ri!hts o" soverei!nt% $% the #e!iti*ate !overn*ent in the territor% o upied $% the ene*% *i#itar% "or es, $e ause the authorit% o" the #e!iti*ate po)er to !overn has passed into the hands o" the o upant .&rti #e 4:, >a!ue Re!u#ations/, the po#iti a# #a)s )hi h pres ri$e the re ipro a# ri!hts, duties and o$#i!ation o" !overn*ent and iti(ens, are suspended or in a$e%an e durin! *i#itar% o upation .Co @i* ha* !s. Aa#de( Tan @eh and di(on, supra/, "or the on#% reason that as the% e< #usive#% $ear re#ation to the ousted #e!iti*ate !overn*ent, the% are inoperative or not app#i a$#e to the !overn*ent esta$#ished $% the o upant1 that the ri*es a!ainst nationa# se urit%, su h as treason and espiona!e1 in itin! to )ar, orresponden e )ith hosti#e ountr%, "#i!ht to ene*%?s ountr%, as )e## as those

a!ainst pu$#i order, su h as re$e##ion, sedition, and dis#o%a#t%, i##e!a# possession o" "irear*s, )hi h are o" po#iti a# o*p#e<ion $e ause the% $ear re#ation to, and are pena#i(ed $% our Revised -ena# Code as ri*es a!ainst the #e!iti*ate !overn*ent, are a#so suspended or $e o*e inapp#i a$#e as a!ainst the o upant, $e ause the% an not $e o**itted a!ainst the #atter .-era#ta !s.Bire tor o" -risons, supra/1 and that, )hi#e the o""enses a!ainst pu$#i order to $e preserved $% the #e!iti*ate !overn*ent )ere inapp#i a$#e as o""enses a!ainst the invader "or the reason a$ove stated, un#ess adopted $% hi*, )ere a#so inoperative as a!ainst the ousted !overn*ent "or the #atter )as not responsi$#e "or the preservation o" the pu$#i order in the o upied territor%, %et arti #e ,,4 o" the said Revised -ena# Code, )as app#i a$#e to treason o**itted a!ainst the nationa# se urit% o" the #e!iti*ate !overn*ent, $e ause the inha$itants o" the o upied territor% )ere sti## $ound $% their a##e!ian e to the #atter durin! the ene*% o upation1 Considerin! that, a#thou!h the *i#itar% o upant is en4oined to respe t or ontinue in "or e, un#ess a$so#ute#% prevented $% the ir u*stan es, those #a)s that en"or e pu$#i order and re!u#ate the so ia# and o**er ia# #i"e o" the ountr%, he has, neverthe#ess, a## the po)ers o" de facto !overn*ent and *a%, at his p#easure, either han!e the e<istin! #a)s or *a7e ne) ones )hen the e<i!en ies o" the *i#itar% servi e de*and su h a tion, that is, )hen it is ne essar% "or the o upier to do so "or the ontro# o" the ountr% and the prote tion o" his ar*%, su$4e t to the restri tions or #i*itations i*posed $% the >a!ue Re!u#ations, the usa!es esta$#ished $% ivi#i(ed nations, the #a)s o" hu*anit% and the re0uire*ents o" pu$#i ons ien e .-era#ta !s. Bire tor o" -risons, supra1 ,940 United States Ru#es o" Land 5ar"are 96, 99/1 and that, onse0uent#%, a## a ts o" the *i#itar% o upant di tated )ithin these #i*itations are o$#i!ator% upon the inha$itants o" the territor%, )ho are $ound to o$e% the*, and the #a)s o" the #e!iti*ate !overn*ent )hi h have not $een adopted, as )e## and those )hi h, thou!h ontinued in "or e, are in on"#i t )ith su h #a)s and orders o" the o upier, sha## $e onsidered as suspended or not in "or e and $indin! upon said inha$itants1 Considerin! that, sin e the preservation o" the a##e!ian e or the o$#i!ation o" "ide#it% and o$edien e o" a iti(en or su$4e t to his !overn*ent or soverei!n does not de*and "ro* hi* a positive a tion, $ut on#% passive attitude or "or$earan e "ro* adherin! to the ene*% $% !ivin! the #atter aid and o*"ort, the o upant has no po)er, as a oro##ar% o" the pre edin! onsideration, to repea# or suspend the operation o" the #a) o" treason, essentia# "or the preservation o" the a##e!ian e o)ed $% the inha$itants to their #e!iti*ate !overn*ent, or o*pe# the* to adhere and !ive aid and o*"ort to hi*1 $e ause it is evident that su h a tion is not de*anded $% the e<i!en ies o" the *i#itar% servi e or not ne essar% "or the ontro# o" the inha$itants and the sa"et% and prote tion o" his ar*%, and $e ause it is tanta*ount to pra ti a##% trans"er te*porari#% to the o upant their a##e!ian e to the titu#ar !overn*ent or soverei!n1 and that, there"ore, i" an inha$itant o" the o upied territor% )ere o*pe##ed i##e!a##% $% the *i#itar% o upant, throu!h "or e, threat or inti*idation, to !ive hi* aid and o*"ort, the "or*er *a% #a)"u##% resist and die i" ne essar% as a hero, or su$*it thereto )ithout $e o*in! a traitor1 Considerin! that adoption o" the petitioner?s theor% o" suspended a##e!ian e )ou#d #ead to disastrous onse0uen es "or s*a## and )ea7 nations or states, and )ou#d $e repu!nant to the #a)s o" hu*anit% and re0uire*ents o" pu$#i ons ien e, "or it )ou#d a##o) invaders to #e!a##% re ruit or en#ist the Cuis#in! inha$itants o" the o upied territor% to "i!ht a!ainst their o)n !overn*ent )ithout the #atter in urrin! the ris7 o" $ein! prose uted "or treason, and even o*pe# those )ho are not aid

the* in their *i#itar% operation a!ainst the resistin! ene*% "or es in order to o*p#ete#% su$due and on0uer the )ho#e nation, and thus deprive the* a## o" their o)n independen e or soverei!nt% D su h theor% )ou#d san tion the a tion o" invaders in "or in! the peop#e o" a "ree and soverei!n ountr% to $e a part% in the ne"arious tas7 o" deprivin! the*se#ves o" their o)n "reedo* and independen e and repressin! the e<er ise $% the* o" their o)n soverei!nt%1 in other )ords, to o**it a po#iti a# sui ide1 .2/ Considerin! that the ri*e o" treason a!ainst the !overn*ent o" the -hi#ippines de"ined and pena#i(ed in arti #e ,,4 o" the -ena# Code, thou!h ori!ina##% intended to $e a ri*e a!ainst said !overn*ent as then or!ani(ed $% authorit% o" the soverei!n peop#e o" the United States, e<er ised throu!h their authori(ed representative, the Con!ress and the -resident o" the United States, )as *ade, upon the esta$#ish*ent o" the Co**on)ea#th Govern*ent in ,9:8, a ri*e a!ainst the Govern*ent o" the -hi#ippines esta$#ished $% authorit% o" the peop#e o" the -hi#ippines, in )ho* the soverei!nt% resides a ordin! to se tion ,, &rti #e II, o" the Constitution o" the -hi#ippines, $% virtue o" the provision o" se tion 2, &rti #e EAI thereo", )hi h provides that =&## #a)s o" the -hi#ippine Is#ands . . . sha## re*ain operative, un#ess in onsistent )ith this Constitution . . . and a## re"eren es in su h #a)s to the Govern*ent or o""i ia#s o" the -hi#ippine Is#ands, sha## $e onstrued, in so "ar as app#i a$#e, to re"er to the Govern*ent and orrespondin! o""i ia#s under this onstitution1 Considerin! that the Co**on)ea#th o" the -hi#ippines )as a soverei!n !overn*ent, thou!h not a$so#ute $ut su$4e t to ertain #i*itations i*posed in the Independen e & t and in orporated as Ordinan e appended to our Constitution, )as re o!ni(ed not on#% $% the Le!is#ative Bepart*ent or Con!ress o" the United States in approvin! the Independen e La) a$ove 0uoted and the Constitution o" the -hi#ippines, )hi h ontains the de #aration that =Soverei!nt% resides in the peop#e and a## !overn*ent authorit% e*anates "ro* the*= .se tion ,, &rti #e II/, $ut a#so $% the E<e utive Bepart*ent o" the United States1 that the #ate -resident Rooseve#t in one o" his *essa!es to Con!ress said, a*on! others, =&s I stated on &u!ust ,2, ,94:, the United States in pra ti e re!ards the -hi#ippines as havin! no) the status as a !overn*ent o" other independent nations D in "a t a## the attri$utes o" o*p#ete and respe ted nationhood= .Con!ressiona# Re ord, Ao#. 29, part 6, pa!e ;,9:/1 and that it is a prin ip#e uphe#d $% the Supre*e Court o" the United States in *an% ases, a*on! the* in the ase o" +ones !s. United States .,:9 U.S., 2021 :4 La). ed., 69,, 696/ that the 0uestion o" soverei!nt% is =a pure#% po#iti a# 0uestion, the deter*ination o" )hi h $% the #e!is#ative and e<e utive depart*ents o" an% !overn*ent on #usive#% $inds the 4ud!es, as )e## as a## other o""i ers, iti(ens and su$4e ts o" the ountr%. Considerin! that se tion I .,/ o" the Ordinan e appended to the Constitution )hi h provides that pendin! the "ina# and o*p#ete )ithdra)a# o" the soverei!nt% o" the United States =&## iti(ens o" the -hi#ippines sha## o)e a##e!ian e to the United States=, )as one o" the "e) #i*itations o" the soverei!nt% o" the 'i#ipino peop#e retained $% the United States, $ut these #i*itations do not a)a% or are not in onsistent )ith said soverei!nt%, in the sa*e )a% that the peop#e o" ea h State o" the Union preserves its o)n soverei!nt% a#thou!h #i*ited $% that o" the United States on"erred upon the #atter $% the States1 that 4ust as to reason *a% $e o**itted a!ainst the 'edera# as )e## as a!ainst the State Govern*ent, in the sa*e )a% treason *a% have $een o**itted durin! the +apanese o upation a!ainst the soverei!nt% o" the United States as )e## as a!ainst the soverei!nt% o" the -hi#ippine Co**on)ea#th1 and that the han!e o" our "or* o" !overn*ent "ro* Co**on)ea#th

to Repu$#i does not a""e t the prose ution o" those har!ed )ith the ri*e o" treason o**itted durin! the Co**on)ea#th, $e ause it is an o""ense a!ainst the sa*e !overn*ent and the sa*e soverei!n peop#e, "or &rti #e EAIII o" our Constitution provides that =The !overn*ent esta$#ished $% this onstitution sha## $e 7no)n as the Co**on)ea#th o" the -hi#ippines. Upon the "ina# and o*p#ete )ithdra)a# o" the soverei!nt% o" the United States and the pro #a*ation o" -hi#ippine independen e, the Co**on)ea#th o" the -hi#ippines sha## then e"orth $e 7no)n as the Repu$#i o" the -hi#ippines=1 This Court reso#ves, )ithout pre4udi e to )rite #ater on a *ore e<tended opinion, to den% the petitioner?s petition, as it is here$% denied, "or the reasons a$ove set "orth and "or others to $e stated in the said opinion, )ithout pre4udi e to on urrin! opinion therein, i" an%. Fessrs. +usti es -aras and >ontiveros dissent in a separate opinion. Fr. 4usti e -er"e to on urs in a separate opinion.

THE PEOPLE OF THE PHILIPPINES, p#ainti""-appe##ee, vs. SUSANO PEREZ (alias KID PEREZ), de"endant-appe##ant. TUASON, J.: Susano -ere( alias @id -ere( a#ias @id -ere( )as onvi ted o" treason $% the 8th Bivision o" the -eop#e?s Court sittin! in Ce$u Cit% and senten ed to death $% e#e tro ution. Seven ounts )ere a##e!ed in the in"or*ation $ut the prose ution o""ered eviden e on#% on ounts ,, 2, 4, 8 and 6, a## o" )hi h, a ordin! to the ourt, )ere su$stantiated. In a unani*ous de ision, the tria# ourt "ound as "o##o)s3 =&s re!ards ount No. , D Count No. , a##e!es that the a used, to!ether )ith the other 'i#ipinos, re ruited, apprehended and o**andeered nu*erous !ir#s and )o*en a!ainst their )i## "or the purpose o" usin! the*, as in "a t the% )ere used, to satis"% the i**ora# purpose and se<ua# desire o" Co#one# Fini, and a*on! su h un"ortunate vi ti*s, )ere 'e#ina Laput, Eri$erta Ra*o a#ias Fia*i Ra*o, Eduarda Baoho!, Euti0uia La*a%, 'e#i iana Gona#os and '#aviana Gona#os. It )ou#d $e unne essar% to re ite here the testi*onies o" a## the vi ti*s o" the a used1 it su""i ient to reprodu e here su in t#% the testi*on% o" Eri$erta Ra*o. She testi"ied that on +une ,8, ,942, the a used a*e to her house to !et her and to#d her that she )as )anted in the house o" her aunt, $ut instead, she )as $rou!ht to the house o" the -uppet Governor &!apito >ontanosas1 that she es aped and returned to Ga #a%on her ho*eto)n1 that the a used a*e a!ain and to#d her that Co#one# Fini )anted her to $e his In"or*ation C#er71 that she did not a ept the 4o$1 that a )ee7 #ater the a used a*e to Ga #a%on to !et her, and su eeded in ta7in! so*e other !ir#s -uppet Governor &!apito >ontanosas1 that Governor >ontanosas to#d her that Co#one# Fini )anted her to $e his )i"e1 that )hen she )as $rou!ht to Co#one# Fini the #atter had nothin! on $ut a =G= strin!1 that he, Co#one# Fini threatened her )ith a s)ord tied her to a $ed and )ith "or e su eeded in havin! arna# 7no)#ed!e )ith her1 that on the "o##o)in! ni!ht, a!ain she )as $rou!ht to Co#one# Fini and a!ain she )as raped1 that "ina##% she )as a$#e to es ape and sta%ed in hidin! "or three )ee7s and on#% a*e out "ro* the hidin! )hen Co#one# Fini #e"t Ta!$i#aran. =&s re!ards ount No. 2 D Count No. 2 o" the in"or*ation su$stantia##% a##e!es3 That a used in o*pan% )ith so*e +apanese and 'i#ipinos too7 Eri$erta Ra*o and her sister C#eopatra Ra*o "ro* their ho*e in Ga #a%on to attend a $an0uet and a dan e or!ani(ed in honor o" Co#one# Fini $% the -uppet Governor, &!apito >ontanosas in order that said +apanese Co#one# *i!ht se#e t those "irst )ho )ou#d #ater $e ta7en to satis"% his arna# appetite and that $% *eans o" threat, "or e and inti*idation, the a$ove *entioned t)o sister )ere $rou!ht to the head0uarters o" the +apanese Co**ander at the Fission >ospita# in Ta!$i#aran )here Eri$erta Ra*o )as "or ed to #ived a #i"e o" sha*e. &## these "a ts a##e!ed in ount No. 2 )ere testi"ied to $% said )itnesses Eri$erta Ra*o her *other Fer edes de Ra*o. It is not ne essar% here to re ite on e *ore their testi*on% in support o" the a##e!ations in ourt No. 21 this Court is

"u##% onvin ed that the a##e!ation in said ount No. 2 )ere "u##% su$stantiated $% the eviden e addu ed. =&s re!ards ount No. 4 D Count No. 4 su$stantia##% a##e!es that on +u#% ,6, ,942, the t)o !ir#s na*ed Eduardo S. Baoho! and Euti0uia La*a%, )ere ta7en "ro* their ho*es in Core##a, Goho#, $% the a used and his o*panion na*ed Ai ente Gu##e er, and de#ivered to the +apanese O""i er, Br. Ta7i$a%as to satis"% his arna# appetite, $ut these t)o, the a used Susano -ere( and his o*panion Ai ente Gu##e er, $e"ore de#iverin! the* to said +apanese O""i er, satis"ied "irst their #ust1 the a used Susano -ere( rapin! Eduarda S. Baoho! and his o*panion, Ai ente Gu##e er, the other !ir# Euti0uia La*a%. Eduarda S. Baoho!, testi"%in!, said3 that )hi#e on the )a% to Ta!$i#aran, the a used thou!h "or e and inti*idation, raped her in an uninha$ited house1 that she resisted )ith a## her "or e a!ainst the desire o" the a used, $ut o" no avai#1 that upon arrivin! in Ta!$i#aran, she )as de#ivered to the +apanese O""i er na*ed Ta7i$a%as )ho a#so raped her. Euti0uia La*a% testi"ied that on +u#% ,6, ,942, the a used and his o*panion, Gu##e er, )ent to her house to ta7e her and her sister1 that her sister )as then out o" the house1 that the a used threatened her )ith a revo#ved i" she re"uses to !o1 that she )as p#a ed in a ar )here Eduarda Baoho! )as1 that )hi#e the% )ere in the ar, the a used arried Eduarda out o" the ar, and their o*panion Gu##e er too7 the other )itness .Euti0uia La*a%/1 that )hen the a used and Eduarda returned to the ar, the #atter1 Eduarda, overed her "a e, r%in!1 that #ater, she and Eduarda )ere ta7en to the Governor?s house1 that on arrivin! and in the presen e o" the -uppet Governor >ontanosas, the Governor e< #ai*ed3 =I did not a## "or these !ir#s=3 $ut the a used rep#ied sa%in!3 =These !ir#s ta#7ed $ad a!ainst the +apanese , and that is )h% )e arrested the*=1 that the said Governor >ontaHosas then, said3 =Ta7e the* to the +apanese =1 that the a used and Gu##e er $rou!ht the t)o !ir#s to the +apanese head0uarters1 that Eduarda )as ta7en to one roo* $% the +apanese Captain a##ed Br. Ta7i$a%as, and she .Euti0uia La*a%/ )as ta7en to another roo* $% another +apanese #ivin! in that house1 that she )as raped $% that +ap )hi#e in the roo*1 that she resisted a## she ou#d, $ut o" no avai#. In the #i!ht o" the testi*onies o" these t)o )itnesses, Eduarda S. Baoho! and Euti0uia La*a%, a## the a##e!ations in Court No. 4 )ere "u##% proven $e%ond reasona$#e dou$t. =&s re!ards ount No. 8 D Count No. 8 a##e!es3 That on or a$out +une 4, ,942, the said a used o**andeered 'e#i iana Gona#os and her sister '#aviana Gona#os on the prete<t that the% )ere to $ee ta7en as )itnesses $e"ore a +apanese Co#one# in the investi!ation o" a ase a!ainst a ertain Chinese .Insi7 Epin!/, and uponarrivin! at Ta!$i#aran, Goho#, the a used $rou!ht the a"oresaid t)o !ir#s to the residen e o" Co#one# Fini, Co**ander o" the +apanese &r*ed 'or es in Goho# and $% *eans o" vio#en e threat and inti*idation, said +apanese Co#one# a$used and had se<ua# inter ourse )ith '#aviana Gona#os1 that the a used su$se0uent#% o" Co#one# Fini and throu!h vio#en e, threat and inti*idation, su eeded in havin! arna# 7no)#ed!e )ith her a!ainst her )i##1 that t)o da%s, #ater, upon the prete<t o" ondu tin! the un"ortunate !ir#s to their ho*e, said a used $rou!ht the other !ir#s 'e#i iana Gona#os to a se #uded p#a e in Ta!$i#aran, Goho#, and in the dar7ness, $% *ean o" threat and vio#en e had arna# 7no)#ed!e )ith her a!ainst her )i##.

'e#i iana Gona#os testi"%in! in this ount, de #ared that the a used a*e to !et her on the prete<t that she )as to $e used as )itness in a ase a""e tin! ertain China*an $e"ore Co#one# Fini1 that she and her %oun!er sister '#aviana )ere $rou!ht in a ar driven $% the a used1 the% )ere $rou!ht to the house o" Co#one# Fini1 that sister '#aviana )as ondu ted into a roo* and a"ter re*ainin! in the sa*e "or a$out an hour, she a*e out )ith her hair and her dress in disorder1 that '#aviana to#d her i**ediate#% that she )as raped a!ainst her )i## $% Co#one# Fini1 that she .'e#i iana/, a"ter #eavin! the residen e o" said +ap o""i er, )as ta7en $% -ere( to an uninha$ited house and there $% threat and inti*idation, the a used su eeded in rapin! her1 that )hen she returned to her .the )itness/, '#aviana )as r%in!1 that the "o##o)in! da% )hi#e ondu tin! the t)o !ir#s $a 7 to their ho*eto)n, she .'e#i iana/ )as a#so raped $% the a used in an uninha$ited house, a!ainst her )i##. Ai toriana &ra%an .*other o" 'e#i iana and '#aviana Gona#os/ testi"ied as "o##o)in!3 That on +une ,8, ,942, the a used a*e and to#d her that the +apanese needed her dau!hters to $e )itnesses1 that a ordin!#%, he dau!hters, under that understandin!, started "or Ta!$i#aran1 that #ater, she )ent to Ta!$i#aran to #oo7 "or her dau!hters and she "ound the* in the o""i e o" the -uppet Governor1 that on seein! her, $oth dau!hters )ept and to#d her that the% )ere turned over to the +apanese and raped the*1 that her dau!hter '#aviana to#d her .the )itness/ that a"ter the +apanese had raped her the a used a#so raped her .'#aviana/ in an uninha$ited house1 that the a used did not per*it her t)o dau!hter to return ho*e on the prete<t that the -uppet Governor )as then a$sent and in the *ean)hi#e the% sta%ed in the house o" the a used -ere(1 that )hen her dau!hter returned to her house u#ti*ate#%, the% re#ated to her .*other/ )hat happened1 that $oth dau!hters to#d her the% )ou#d have pre"erred death rather than to have !one to Ta!$i#aran1 that 'e#i iana to#d her .the *other/ that the a used had raped her. The in"or*ation !ive $% 'e#i iana to her *other is ad*itted in eviden e as a part o" the res +estaere!ard#ess o" the ti*e that had e#apsed $et)een the o urren e and the ti*e o" the in"or*ation. In the *anner these t)o )itnesses testi"ied in ourt, there ou#d $e no dou$t that the% )ere te##in! the a$so#ute truth. It is hard to on eived that these !ir#s )ou#d assu*e and ad*it the i!no*in% the% have !one throu!h i" the% )ere not true. The Court is "u##% onvin ed that a## the a##e!ations ontained in Court No. 8 have $een proven $% the testi*onies o" these t)o )itnesses $e%ond reasona$#e dou$t. =&s re!ards ount No. 6 D Count No. 6, a##e!es3 That the a used, to!ether )ith his 'i#ipino o*panion apprehended Natividad Gar inas, Ni anora Ra#a*eda and Teoti*a Gar inas, nurses o" the provin ia# hospita#, "or not havin! attended a dan e and re eption or!ani(ed $% the -uppet Governor in honor o" Co#one# Fini and other +apanese hi!h ran7in! o""i ers, )hi h )as he#d in Ta!$i#aran *ar7et on +une 28, ,9421 that upon $ein! $rou!ht the -uppet Governor, the% )ere severe#% repri*anded $% the #atter1 that on +u#% ;, ,942, a!ainst said nurses )ere "or ed to attend another $an0uet and dan e in order that the +ap o""i ers Fini and Ta7i$a%as *i!ht *a7e a se#e tion )hi h !ir#s )ou#d suit $est their "an %1 that the rea# purpose $ehind those "or i$#e invitations )as to #ure the* to the residen e o" said +apanese O""i er Fini "or i**ora# purposes. Natividad Gar inas, a Lieutenant o" the -.&., testi"ied at #en!th. She de #ared3 That on +une 29, ,942, she and o*panion nurses, sa) the a used o*in! to the

hospita# )ith a revo#ver and too7 the* on a ar to the o""i e o" the -uppet Governor )here the% )ere severe#% repri*anded $% the #atter "or not attendin! the dan e he#d on +une and re eptions )as to se#e t "ro* a*on! the* the $est !ir# that )ou#d suit the "an % o" Co#one# Fini "or i**ora# purposes that she and her o*panions )ere a#)a%s a"raid o" the a used -ere( )henever he a*e to said hospita#1 that on one o asion, one o" the nurses on per eivin! the approa h o" the a used, ran up into her roo*, #aid do)n on $ed and si*u#ated to $e si 71 that said a used, not satis"ied, )ent up into the roo* o" that parti u#ar nurse and pu##ed out the $#an7et )hi h overed her and te##in! her that it )as on#% her prete<t that she )as si 7. The testi*on% o" Lt. Natividad Gar inas is "u##% orro$orated $% that o" Ni anora Ra#a*eda. Said testi*on% need not $e reprodu ed here. In a are"u##% )ritten $rie" "or the appe##ant these "indin!s are not 0uestioned, $ut it is ontended that the deeds o**itted $% the a used do not onstitute treason. The So#i itor Genera# su$*its the opposite vie), and ar!ues that =to *aintain and preserve the *ora#e o" the so#diers has a#)a%s $een, and )i## a#)a%s $e, a "unda*enta# on ern o" ar*% authorities, "or the e""i ien % o" rests not on#% on its ph%si a# attri$utes $ut a#so, *ain#%, on the *ora#e o" its so#diers= . itin! the annua# report o" the Chie" o" Sta"", United State &r*%, "or the "is a# %ear endin! +une :0, ,9::/. I" "urnishin! )o*en "or i**ora# purposes to the ene*ies )as treason $e ause )o*en?s o*pan% 7ept up their *ora#e, so "raterni(in! )ith the*, entertainin! the* at parties, se##in! the* "ood and drin7s, and 7indred a ts, )ou#d $e treason. 'or an% a t o" hospita#it% )ithout dou$t produ es the sa*e !enera# resu#t. %et $% o**on a!ree*ent those and si*i#ar *ani"estation o" s%*path% and atta h*ent are not the 7ind o" dis#o%a#t% that are punished as treason. In a $road sense, the #a) o" treason does not pres ri$e a## 7inds o" so ia#, $usiness and po#iti a# inter ourse $et)een the $e##i!erent o upants o" the invaded ountr% and its inha$itants. In the nature o" thin!s, the o upation o" a ountr% $% the ene*% is $ound to reate re#ations o" a## sorts $et)een the invaders and the natives. 5hat aid and o*"ort onstitute treason *ust depend upon their nature de!ree and purpose. To dra) a #ine $et)een treasona$#e and untreasona$#e assistan e is not a#)a%s eas%. The s ope o" adheren e to the ene*% is o*prehensive, its re0uire*ent indeter*inate as )as said Cra*er !s. United States. ;9 La). ed., ,44,. &s !enera# ru#e, to $e treasonous the e<tent o" the aid and o*"ort !iven to the ene*ies *ust $e to render assistan e to the* as ene*ies and not *ere#% as individua#s and in addition, $e dire t#% in "urtheran e o" the ene*ies? hosti#e desi!ns. To *a7e a si*p#e distin tion3 To #end or !ive *one% to an ene*% as a "riend or out o" harit% to the $ene"i iar% so that he *a% $u% persona# ne essities is to assist hi* as individua# and is not te hni a##% traitorous. On the other hand, to #end or !ive hi* *one% to ena$#e hi* to $u% ar*s or a**unition to use in )a!in! )ar a!ainst the !iver?s ountr% enhan e his stren!th and $% sa*e ount in4ures the interest o" the !overn*ent o" the !iver. That is treason. . See United States !s. 'ri 7e, 289 '., 69:1 6: C.+., ;,6, ;,9./ &pp#%in! these prin ip#es to the ase at $ar, appe##ant?s "irst assi!n*ent o" error is orre t. >is = o**andeerin!= o" )o*en to satis"% the #ust o" +apanese o""i ers or *en or to en#iven the entertain*ent he#d in their honor )as not treason even thou!h the )o*en and the entertain*ent he#ped to *a7e #i"e *ore p#easant "or the ene*ies and $oost their spirit1 he )as not !ui#t% an% *ore than the )o*en the*se#ves )ou#d have $een i" the% vo#untari#% and

)i##in!#% had surrendered their $odies or or!ani(ed the entertain*ent. Se<ua# and so ia# re#ations )ith the +apanese did not dire t#% and *ateria##% tend to i*prove their )ar e""orts or to )ea7en the po)er o" the United State. The a ts herein har!ed )ere not, $% "air i*p#i ation, a# u#ated to stren!then the +apanese E*pire or its ar*% or to ripp#e the de"ense and resistan e o" the other side. 5hatever "avora$#e e""e t the de"endant?s o##a$oration )ith the +apanese *i!ht have in their prose ution o" the )ar )as trivia#, i*per epti$#e, and unintentiona#. Intent o" dis#o%a#t% is a vita# in!redient in the ri*e o" treason, )hi h, in the a$sen e o" ad*ission, *a% $e !athered "ro* the nature and ir u*stan es o" ea h parti u#ar ase. Gut the a used *a% $e punished "or the rape o" Eri$erta Ra*o, Eduarda Baoho!, Euti0uia La*a% and '#aviana Gona#os as prin ipa# $% dire t parti ipation. 5ithout his ooperation in the *anner a$ove stated, these rapes ou#d not have $een o**itted. Convi tion o" the a used o" rapes instead o" treason "inds e<press san tion in se tion 2 o" Co**on)ea#th & t No. 6;2, )hi h sa%s3 *ro!ided furt#er, That )here, in its opinion, the eviden e is not su""i ient to support the o""ense .treason/ har!ed, the -eop#e?s Court *a%, neverthe#ess, onvi t and senten e the a used "or an% ri*e in #uded in the a ts a##e!ed in the in"or*ation and esta$#ished $% the eviden e. &## the a$ove *entioned rapes are a##e!ed in the in"or*ation and su$stantiated $% the eviden e. Counse# assai#s the onstitutiona#it% o" this o" his provision as vio#ative o" se tion ,, para!raph ,9, &rti #e III o" the Constitution, )hi h !uarantees to an a used the ri!ht =to $e in"or*ed o" the nature and ause o" the a usation a!ainst hi*.= The ontention is not )e## ta7en. The provision in re0uires that the private ri*es o" )hi h an a used o" treason *a% $e onvi ted *ust $e averred in the in"or*ation and sustained $% eviden e. In the #i!ht o" this ena t*ent, the de"endant )as )arned o" the ha(ard that he *i!ht $e "ounded !ui#t% o" rapes i" he )as inno ent o" treason and thus a""orded an opportunit% to prepare and *eet the*. There is no e#e*ent o" surprise or ano*a#% invo#ved. In "a ts under the !enera# #a) o" ri*ina# pro edure onvi ted "or ri*e di""erent "ro* that desi!nated in the o*p#aint or in"or*ation is a##o)ed and pra ti ed, provided on#% that su h ri*e =is in #uded or des ri$ed in the $od% o" the in"or*ation, and a"ter)ards 4usti"ied $% the proo" presented durin! the tria#.= .-eop#e!s. -ere(, 48 -hi#., 899./ The de"endant persona##% assau#ted and a$used t)o o" the o""ended !ir#s $ut these assau#ts are not har!ed a!ainst hi* and shou#d $e ru#ed out. The ri*e o" oer ion a##e!ed and "ounded on ount No. 6. need not $e noti ed in vie) o" the severit% o" the pena#t% "or the other ri*es )hi h he *ust su""er. 5e "ind the de"endant !ui#t% o" "our separate ri*es o" rape and senten e hi* "or ea h o" the* to an indeter*inate pena#t% o" "ro* ,0 %ear o" prision &ayor to ,9 %ear and 4 *onths o" reclusion te&poral, )ith the a essories o" #a), to inde*ni"% ea h o" the o""ended )o*en in the su* o" -:,000, and to pa% the osts1 it $ein! understood that the tota# duration o" these pena#ties sha## not e< eed "ort% %ears.

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NEMESIO L. AGPANGAN,Defendant-Appellant. PERFECTO, J.: chanrobles virtual law library Appellant stands accused of treason, committed between December, 1944, and January, 1945, in the Province of a!una, on only one count alle!ed in the information as follows" #hat on or about December $%, 1944, the accused, a member of the &anap, a subversive pro'Japanese or!ani(ation, )oined the Pampars, a military or!ani(ation supportin! the *mperial Japanese Army and desi!ned to bear arms a!ainst the army of the +nited ,tates and the -ommonwealth of the Philippines and the !uerrillas in the Philippines. that he was e/uipped with a 19%0 ,prin!field rifle, caliber .0%, and was made to under!o 1% days trainin!, consistin! of military drill, manual of arms, and tar!et practice. and that from or about January 1$, 1945 to 1arch 15, the said accused was assi!ned to !uard duty once a wee2. that he was armed with a rifle with orders to shoot any of the 3ilipino prisoners whom he was !uardin! who mi!ht attempt to escape and also any !uerrilla or American soldier who mi!ht approach the Japanese !arrison. #he lower court found him !uilty and sentenced him to reclusion perpetua, with the accessory penalties provided by law, and to pay a fine of P1%,%%% and the costs.chanroblesvirtualawlibrary chanrobles virtual law library #hree witnesses testified for the prosecution.chanroblesvirtualawlibrary chanrobles virtual law library #omas -. ,errano, 44, farmer, resident of ,iniloan, ,econd ieutenant in the 1ar2in!5s !uerrilla or!ani(ation, testified that on December, 1944, he saw the accused in the Japanese !arrison in ,iniloan, 6he was a member of the Makapili or!ani(ation.6 6he was doin! !uard duty, with a rifle, with a bayonet at his side.6 6he was at the entrance of the !arrison and he made all civilians passin! throu!h the entrance bow to him.6 *f they did not bow, 6he dra!!ed them by the arms and brou!ht them to the captain of the !arrison.6 he served as !uard 6since 7ovember, 1944, when the Japanese !arrison was established in ,iniloan, up to the time * was arrested on 1arch $5, 1945.6 he saw the accused on !uard duty in the !arrison 6many times.6 6* often saw him confiscatin! foodstuffs such as rice, fruits, calabasa, and other ve!etables, for the support of the Japanese soldiers.6 6he was with arms accompanied by Japanese soldiers and other members of the 1a2apili.6 6* often saw him accompanied by Japanese soldiers and otherMakalipi members, arrestin! suspected !uerrillas and sometimes they were patrollin! or campin! in the hideouts of the !uerrilla forces, * cannot tell how many times, but * often saw him.6 the witness was arrested on 1arch $5, 1945, by the Japanese soldiers andMakapilis, with whom the accused was. 6the ne8t mornin! we, the thirteen prisoners, were brou!ht to the place where we were to be e8ecuted. but luc2ily while we were on our way to the barrio, the American planes came roarin!, so the !uards too2 cover.6 6they were pullin! the rope that tied us, and luc2ily * was able to slip away because * was the second to the last man in the line, and the rope was cut.6 6* could not run fast because * was lame.6 the rest were

e8ecuted, namin! the followin!" 6Ale)andro ,errano, -ustodio Adaro, 9milio Javier, Peter ,ardal, 9lias :odolfo, *!nacio -avano, ;iato <ptis, 7apoleon Pa!ta2han, Bienvenido Agpangan, and myself;6 1i!uel Palma 6was in my bac2 to the last, so we two remained, and Pacifico =Adopina> remained untied6 because he was carryin! food, and when the Japanese ran, 6he escaped.6 As2ed to e8plain that he 2new about the lot of those who were e8ecuted, the witness said that he went home when the town was liberated, and he visited the place 6because * 2now the place,6 and we reached the spot 6* smelled very bad odor, and * reco!ni(ed the soil which swelled, so * said to myself that this is the place where our son was buried.6 6* went home and * told the other parents of the victims6 about the spot. 6 the ne8t month, about thirty days,6 the witness and the other parents re/uested the municipal authorities to be allowed to e8hume the bodies. when his son is bein! ta2en to the place of e8ecution. 6* had not seen him that time.6 the witness based his 2nowled!e as to appellant5s bein! aMakapili on 98hibit A and he saw him armed, !uardin! the Japanese !arrison, confiscatin! foodstuffs for the Japanese, and arrestin! !uerrilla suspects in the town. ;ienvenido A!pan!an, one of those who were e8ecuted by the Japanese, 6was the son6 of appellant. 6* can not tell you whether he =appellant> was reportin! to his officers any !uerrilla.6 An!el Javier and -ustodio Adaro were arrested by a party of which the accused was a member, and 6* 2now because he was with them when they were arrested.6 the witness does not 2now whether the accused was present durin! the e8ecution 6because there was nobody present. only &od had witnessed the 2illin! of those persons.6chanrobles virtual law library 1auricio Adaro, 4?, farmer, resident of ,iniloan, testified that in December, 1944, he saw the accused in the Japanese !arrison in ,iniloan. 6 he was mountin! !uard.6 as2ed from what date to what date he saw him in the !arrison, the witness answered that 6* cannot remember the month in 1944 because we used to !o out of ,iniloan every time.6 appellant 6was !ettin! food supplies from the civilians and !ivin! them to the Japanese.6 6the accused and the Japanese companions of his arrested my son =-ustodio> in our house.6 the witness was not arrested, 6because * was able to hide.6 he saw defendant mountin! !uard in the Japanese !arrison 6many times.6 6more than ten times.6 the !arrison was located 6in the school buildin!.6chanrobles virtual law library Delfin :edor, 55, mayor of ,iniloan, since 190?, testified hat appellant 6has been my barrio lieutenant.6 he belon!s to Pampar Makapili, and Pampar and Makapili, 6* believe are the same.6 from December, 1944, to 1arch, 1945, the witness saw the accused 6in the Makapili !arrison, in the ,iniloan pla(a.6 6* believe that he was a member of theMakapili.6 6,ometimes he was detailed as !uard in front of the !arrison with arms and ammunitions ' bayonet.6 he saw as such 6many times.6 the witness was not a mayor durin! the Japanese occupation because 6in 1944, 1arch, * escaped because, you 2now, * was wanted by the Japanese because * was also a !uerrilla. before that 6* was mayor of the town.6 durin! December, 1944, up to 1arch, because you 2now, * left the office, * was still in the town of ,iniloan collectin! some supplies for the !uerrillas.6 after abandonin! the office of mayor, the witness 6remained livin! in the poblacion of ,iniloan.6 he 6never stopped livin! in the poblacion.6 6* had three times seen the accused accompanied by the Japanese in raidin! outside poblacion.6 the accused commandeered

foodstuffs 6and too2 them to the !arrison for food.6 6the Japanese !arrison was in the *ntermediate ;uildin! and the Makapili !arrison is in ;aybay Academy, about one 2ilometer distant.6 the witness saw the accused 6in Makapili!arrison.6 the witness was a captain of the !uerrillas and was arrested by the Japanese four times, and in those occasions he did not see the accused in the !arrison. the witness does no 2now of anybody who had been pointed out by the accused to the Japanese and was arrested by the same.chanroblesvirtualawlibrary chanrobles virtual law library #he -onstitution provides that 6in all criminal prosecutions the accused shall be presumed to be innocent until the contrary is proved.6 =Article **, section 1 @1?A.> #o overcome this constitutional presumption, the !uilt of the accused must be proved beyond all reasonable doubt. #he evidence presented by the prosecution in this case does not offer that de!ree of proof. 7one of the several overt acts alle!ed in the information has been proved in accordance with the two'witness rule provided in the article 114 of the :evised Penal -ode.chanroblesvirtualawlibrary chanrobles virtual law library *t is imputed to the appellant, in the first place, that he is a member of the Ganap, 6a subversive pro'Japanese or!ani(ation,6 and 6)oined the Pampar, a military or!ani(ation supportin! the *mperial Japanese Army and desi!ned to bear arms a!ainst the Army of the +nited ,tates in -ommonwealth of the Philippines and the !uerrillas in the Philippines.6 7o witness has testified that appellant is the member of the Ganap. <nly one witness, :edor, testified that appellant belon!ed to Pampar, but he did not testify as to its nature.chanroblesvirtualawlibrary chanrobles virtual law library #he ne8t alle!ation of the information is that appellant 6was e/uipped with a 19%0 ,prin!field rifle, caliber 0%, and was made to under!o ten days trainin!, consistin! of military drill, manual of arms, and tar!et practice. 67o evidence has been presented in support of this alle!ation.chanroblesvirtualawlibrary chanrobles virtual law library #he third alle!ation a!ainst appellant is that 6from or about January 1$, 1945, to 1arch 15, 1945, the said accused was assi!ned to !uard duty once a wee2.6 #he fourth and the last alle!ation is that 6he was armed with a rifle with orders to shoot any of the 3ilipino prisoners whom he was !uardin! who mi!ht attempt to escape and also any !uerrilla or American soldier who mi!ht approach the Japanese !arrison.6 *n connection with these two alle!ation, the only thin! that the prosecution attempted to prove is that appellant did !uard duty and was armed with rifle. ;ut the attempt does not meet the test under the two'witness rule.chanroblesvirtualawlibrary chanrobles virtual law library #he first two witnesses for the prosecution testified that they had seen the accused doin! !uard duty in the Japanese !arrison in ,iniloan 6many times,6 more than 6ten times,6 but neither of them has mentioned any specific time, day and hour. #hey were able to mention only years and months. #here is no way of concludin! the two witnesses testified about the same overt act. #he 6many times6 or more than 6ten times6 mentioned by them may refer either to two different sets of moments, not one instant of one set coincidin! with any one of the other, or to only one and identical set of instances or, althou!h referrin! to two sets, some of the instances are the same in both. As there is no

basis on record upon which we may determine which, amon! the two alternatives, is the correct one, the doubt must be decided by ta2in! the first alternative, the one compatible with the presumption of innocence stated in the fundamental law. #he case for the prosecution is further wea2ened by the fact that it is first two witnesses are contradicted by the third, who testified that appellant did !uard duty 6many times,6 more than 6ten times,6 in the Makapili !arrison, located in the ;aybay Academy, one 2ilometer from the *ntermediate ,chool buildin!, where the Japanese !arrison was located.chanroblesvirtualawlibrary chanrobles virtual law library #o meet the test under two'witness rule, it is necessary that, at least, two witnesses should testify as to the perpetration of the same treasonous overt act, and the sameness must include not only identity of 2ind and nature of the act, but as to the precise one which has actually been perpetrated. #he treasonous overt act of doin! !uard duty in the Japanese !arrison on one specific date cannot be identified with the doin! of !uard duty in the same !arrison in a different date. ;oth overt acts, althou!h of the same nature and character, are two distinct and inconfusable acts, independent of each other, and either one, to serve as a !round for conviction of an accused for treason, must be proved by two witnesses. #hat one witness should testify as to one, and another as to the other, is not enou!h. Any number of witnesses may testify a!ainst an accused for treason as to a lon! line of successive treasonous overt acts. but notwithstandin! the seriousness of the acts nor their number, not until two witnesses, at least, shall have testified as to the perpetration of a sin!le but the same and precise overt act, can conviction be entertained.chanroblesvirtualawlibrary chanrobles virtual law library *n )ustice to appellant, we feel it necessary to state that our decision to ac/uit him is not only based on the reasonable doubt we entertain as to his !uilt, because the prosecution has not satisfied the re/uirements of the two'witness rule, but because we are rather inclined to believe his testimony to the effect that a !uerrilla member, Bicente Au8ilio, was cau!ht by the Japanese in appellant5s house, tortured and, finally, 2illed. 3or said reason, appellant was called by the Japanese, investi!ated, and then told to do some wor2 in the !arrison, otherwise he would have the same fate that befell Bicente Au8ilio. 6#o save my life, * accepted the order and wor2ed there,6 he testified, addin!" 6#he Japanese, not bein! contended with my wor2, they !ot my carabao and on 1arch, 1945, they !ot my son, who was tortured and 2illed.6chanrobles virtual law library #his son is the same ;ienvenido A!pan!an who, accordin! to the first witness for the prosecution, was e8ecuted by the Japanese with several other victims. Ce do not believe that appellant could have adhered to the Japanese, the same who tortured and 2illed his own son. Ce do not believe that, in the absence of proof, he can be such a monster.chanroblesvirtualawlibrary chanrobles virtual law library #he decision of the People5s -ourt is reversed and appellant is ac/uitted. De shall be released from the custody of the a!ent of the law upon the promul!ation of this decision.

THE PEOPLE OF THE PHILIPPINES, plaintiff'appellee, vs. EDUARDO PRIETO (alias EDDIE VALENCIA), defendant'appellant. Alfonso E. Mendo a for appellant. !irst Assistant "olicitor General #oberto A. Gian on and "olicitor $sidro %. Borromeo for appellee. TUASON, J.: #he appellant was prosecuted in the People5s -ourt for treason on ? counts. After pleadin! not !uilty he entered a plea of !uilty to counts 1, $, 0 and ?, and maintained the ori!inal plea to counts 4, 5, and 4. #he special prosecutor introduced evidence only on count 4, statin! with reference to counts 5 and 4 that he did not have sufficient evidence to sustain them. #he defendant was found !uilty on count 4 as well as counts 1, $, 0, and ? and was sentenced to death and to pay the fine of P$%,%%%. #wo witnesses !ave evidence on count 4 but their statements do not coincide on any sin!le detail. Juanito Albano, the first witness, testified that in 1arch, 1945, the accused with other 3ilipino undercovers and Japanese soldiers cau!ht an American aviator and had the witness carry the American to town on a sled pulled by a carabao. that on the way, the accused wal2ed behind the sled and as2ed the prisoner if the sled was faster than the airplane. that the American was ta2en to the Eempetai head/uarters, after which he did not 2now what happened to the flier. Balentin -uison, the ne8t witness, testified that one day in 1arch, 1945, he saw the accused followin! an American and the accused were Japanese and other 3ilipinos. #hese witnesses evidently referred to two different occasions. #he last witness stated that the American was wal2in! as well as his captors. And there was no sled, he said, nor did he see Juanito Albano, e8cept at ni!ht when he and Albano had a drin2 of tuba to!ether. #his evidence does not testify the two'witness principle. #he two witnesses failed to corroborate each other not only on the whole overt act but on any part of it. =People vs. Adriano, 44 <ff. &a(., 40%%. -ramer vs. +. ,., 45 ,. -t. 91F.> #he lower court believes that the accused is 6!uilty beyond reasonable doubt of the crime of treason comple8ed by murder and physical in)uries,6 with 6the a!!ravatin! circumstances mentioned above.6 Apparently, the court has re!arded the murders and physical in)uries char!ed in the information, not only as crimes distinct from treason but also as modifyin! circumstances. #he ,olicitor &eneral a!rees with the decision e8cept as to technical desi!nation of the crime. *n his opinion, the offense committed by the appellant is a 6comple8 crime of treason with homicide.6 -ounts 1, $, 0 and ? are as follows"

1. <n or about <ctober 15, 1944, in the municipality of 1andaue, Province of -ebu, Philippines, said accused bein! a member of the Japanese 1ilitary Police and actin! as undercover man for the Japanese forces with the purpose of !ivin! and with the intent to !ive aid and comfort to the enemy did, then and there wilfully, unlawfully, feloniously and treasonably lead, !uide and accompany a patrol of Japanese soldiers and 3ilipino undercovers to the barrio of Po2naon, for the purpose of apprehendin! !uerrillas and locatin! their hideouts. that said accused and his companions did apprehended Abraham Puno, tie his hands behind him and !ive him fist blows. thereafter said Abraham Puno was ta2en by the accused and his Japanese companions to Gati, iloan, -ebu, where he was severely tortured by placin! red hot iron on his shoulders, le!s and bac2 and from there he was sent bac2 to the Japanese detention camp in 1andaue and detained for ? days. $. <n or about <ctober $F, 1944, in the municipality of 1andaue, Province of -ebu, Philippines, said accused actin! as an informer and a!ent for the Japanese 1ilitary Police, with the purpose of !ivin! and with the intent to !ive aid and comfort to the enemy, did, the, and there willfully, unlawfully, feloniously and treasonably lead, !uide and accompany a !roup of 3ilipino undercovers for the purpose of apprehendin! !uerrillas and !uerrilla suspects. that the herein accused and his companions did in fact apprehend &uillermo Ponce and 1acario Ponce from their house. that said accused and his companions did tie the hands of said &uillermo Ponce and 1acario Ponce behind their bac2s, !ivin! them first blows on the face and in other parts of the body and thereafter detained them at the Eempei #ai Dead/uarters. that &uillermo Ponce was released the followin! day while his brother was detained and thereafter nothin! more was heard of him nor his whereabouts 2nown. 0. ,ometime durin! the month of 7ovember, 1944, in the 1unicipality of 1andaue, Province of -ebu, Philippines, for the purpose of !ivin! and with the intent to !ive aid and comfort to the enemy and her military forces, said accused actin! as an enemy undercover did, then and there wilfully, unlawfully, feloniously, and treasonably lead, !uide and accompany a patrol of some 4 3ilipinos and $ Japanese soldiers to barrio Pa2na'an, municipality of 1andaue for the purpose of apprehendin! !uerrillas and !uerrilla suspects, and said patrol did in fact apprehend as !uerrilla suspects Damian Alilin and ,antia!o Alilin who were forthwith tied with a rope, tortured and detained for 4 days. that on the ?th day said Damian Alilin and ,antia!o Alilin were ta2en about 1H$ 2ilometer from their home and the accused did bayonet them to death. ?. *n or about 7ovember 14, 1944, in 1andaue, in conspiracy with the enemy and other 3ilipinos undercovers, said accused did cause the torture of Antonio ,oco and the 2illin! of &il ,oco for !uerrilla activities. #he e8ecution of some of the !uerrilla suspects mentioned in these counts and the infliction of physical in)uries on others are not offenses separate from treason. +nder the

Philippine treason law and under the +nited ,tates constitution definin! treason, after which the former was patterned, there must concur both adherence to the enemy and !ivin! him aid and comfort. <ne without the other does not ma2e treason. *n the nature of thin!s, the !ivin! of aid and comfort can only be accomplished by some 2ind of action. *ts very nature parta2es of a deed or physical activity as opposed to a mental operation. =-ramer vs. +.,., ante.> #his deed or physical activity may be, and often is, in itself a criminal offense under another penal statute or provision. 9ven so, when the deed is char!ed as an element of treason it becomes identified with the latter crime and can not be the sub)ect of a separate punishment, or used in combination with treason to increase the penalty as article 4F of the :evised Penal -ode provides. Just as one can not be punished for possessin! opium in a prosecution for smo2in! the identical dru!, and a robber cannot be held !uilty of coercion or trespass to a dwellin! in a prosecution for robbery, because possession of opium and force and trespass are inherent in smo2in! and in robbery respectively, so may not a defendant be made liable for murder as a separate crime or in con)unction with another offense where, as in this case, it is averred as a constitutive in!redient of treason. #his rule would not, of course, preclude the punishment of murder or physical in)uries as such if the !overnment should elect to prosecute the culprit specifically for those crimes instead on relyin! on them as an element of treason. it is where murder or physical in)uries are char!ed as overt acts of treason that they can not be re!arded separately under their !eneral denomination. Dowever, the brutality with which the 2illin! or physical in)uries were carried out may be ta2en as an a!!ravatin! circumstance. #hus, the use of torture and other atrocities on the victims instead of the usual and less painful method of e8ecution will be ta2en into account to increase the penalty under the provision of article 14, para!raph $1, of the :evised Penal -ode, since they, as in this case, au!mented the sufferin!s of the offended parties unnecessarily to the attainment of the criminal ob)ective. #his a!!ravatin! circumstance is compensated by the miti!atin! circumstance of plea of !uilty. it is true that the accused pleaded not !uilty to counts 4, 5 and 4 but count 4 has not be substantiated while counts 5 and 4 were abandoned. *n this first assi!nment of error, counsel see2s reversal of the )ud!ment because of the trial court5s failure to appoint 6another attorney de oficio for the accused in spite of the manifestation of the attorney de oficio =who defended the accused at the trial> that he would li2e to be relieved for obvious reasons.6 #he appellate tribunal will indul!e reasonable presumptions in favor of the le!ality and re!ularity of all the proceedin!s of the trial court, includin! the presumption that the accused was not denied the ri!ht to have counsel. =+.,. vs. abial, $? Phil., F$.> *t is presumed that the procedure prescribed by law has been observed unless it is made to appear e8pressly to the contrary. =+.,. vs. 9scalante, 04 Phil., ?40.> #he fact that the attorney appointed by the trial court to aid the defendant in his defense e8pressed reluctance to accept the desi!nation because, as the present counsel assumes, he did not sympathi(e with the defendant5s cause, is not sufficient to overcome this presumption.

#he statement of the counsel in the court below did no necessarily imply that he did not perform his duty to protect the interest of the accused. As a matter of fact, the present counsel 6sincerely believes that the said Attorney -arin did his best, althou!h it was not the best of a willin! wor2er.6 Ce do not discern in the record any indication that the former counsel did not conduct the defense to the best of his ability. if Attorney -arin did his best as a sworn member of the bar, as the present attorney admits, that was enou!h. his sentiments did not cut any influence in the result of the case and did not imperil the ri!hts of the appellant. *n conclusion, we find the defendant not !uilty of count 4 and !uilty of treason as char!ed in counts 1,$,0 and ?. #here bein! an a!!ravatin! circumstance, the penalty to be imposed is reclusion perpetua. #he )ud!ment of the lower court will be modified in this respect accordin!ly. *n all other particulars, the same will be affirmed. it is so ordered, with costs of this instance a!ainst the appellant.