18/02/2024, 20:57 G.R. No.

L-433

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Republic of the Philippines

EN BANC

G.R. No. L-433 March 2, 1949

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

Gonzalo D. David for appellant.

TUASON, J.:

Charged with treason on three counts, the defendant pleaded guilty and was sentenced to death by the First
Division of the People's Court sitting in Tacloban, Leyte. The correctness of the penalty is the sole question put in
issue in this appeal.

The information alleges:

1. On or about March 20, 1944, in the municipality of Dalaguete, province of Cebu, Philippines with the
purpose of giving and with the intent to give aid and comfort to the enemy and her military forces said
accused being a member of the Philippines Constabulary did then and there wilfully unlawfully, feloniously
and treasonably lead guide and accompany 10 other member of the pro-Japanese constabulary all armed like
the accused and did apprehend and arrest Paulino Osorio for having helped the guerrillas and of being the
Father of two guerrilla men; that the herein accused after maltreating said Paulino Osorio did detain him in the
municipal jail of Dalaguete; that in the same date the accused and his companions did apprehend Melchor
Campomanes and 7 other person who were also tortured for being guerrillas supporters and sympathizers
and the accused herein with his firearm did shoot Melchor Campomanes killing him instantly;

2. Sometime during the month of March 1944 in the municipality of Dalaguete Province of Cebu, Philippines
with the purpose of giving and with the intent to give aid and comfort to the enemy and her military forces said
accused being a soldier of the Philippines Constabulary did then and there wilfully, feloniously and
treasonably lead guide and accompany a patrol of 13 constabulary soldiers and did arrest and apprehend
Fortunato Linares for being guerrillas and or guerrilla supporters; that said accused did tie and torture the
aforesaid person and cut a portion of their ears, the tortures being so severe especially with respect to Antolin
Rodriguez who effectively died as a result of said tortures administered by the accused.

3. On or about May 18, 1944, in Cebu City Philippines with the purpose of giving and with the intent to give
aid and comfort to the enemy and her military forces, said accused being a soldier of the Philippines
Constabulary did then and there wilfully, unlawfully feloniously and treasonable accompany a group of
Constabulary soldiers all armed, to Mambaling and other parts of Cebu City and did apprehend Eleuterio
Padilla, a former USAFFE soldier for being a guerrilla, and there herein accused and his companions did tie
and torture said Eleuterio Padilla detain him at the Constabulary Headquarters for several days after which he
was taken out and mercilessly killed on May 26, 1944 by said accused.

The court held that the facts alleged in the information is a complex crime of treason with murders with the result
that the penalty provided for the most serious offense was to be imposed on its maximum degree. Viewing the case
from the standpoint of modifying circumstances the court believed that the same result obtained. It opined that the
killing were murders qualified by treachery and aggravated by the circumstances of evident premeditation superior
strength cruelty and an armed band.

We think this is error. The torture and murders set forth in the information are merged in and formed part of treason.
They were in this case the overt acts which besides traitorous intention supplied a vital ingredient in the crime.

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Emotional or intellectual attachment and sympathy with the foe unaccompanied by the giving of aid and comfort is
not treason. The defendant would not be guilty of treason if he had not committed the atrocities in question.

On the question of the applicability of the aggravating circumstances which impelled the court against its sentiment
to give the defendant the extreme penalty we only have to refer to People vs. Racaza (82 Phil., 623) in which this
question was discussed and decided. There we said:

The trial court found the aggravating circumstances of evident premeditation superior strength treachery and
employment of means for adding ignominy to the natural effects of the crime.

The first three circumstances are by their nature inherent in the offense of treason and may not taken to
aggravate the penalty. Adherence and the giving of aid and comfort to the enemy is in many cases as in this a
long continued process requiring for the successful consummation of the traitor's purpose, fixed, reflective
and persistent determination and planning.

So are superior strength and treachery included in the crime of treason. Treachery is merged in superior
strength; and to overcome the opposition and wipe out resistance movements which was Racaza's purpose in
collaboration with the enemy the use of a large force and equipment was necessary. The enemy to whom the
accused adhered was itself the personification of brute superior force and it was this superior force which
enabled him to overrun the country and for a time subdue its inhabitants by his brutal rule. The law does not
expect the enemy and its adherents to meet their foes only on even terms according to he romantic traditions
of chivalry.

But the law does abhor inhumanity and the abuse of strength to commit acts unnecessary to the commission
of treason. There is no incompatibility between treason and decent, human treatment of prisoners, Rapes,
wanton robbery for personal grain and other forms of cruelties are condemned and the perpetration of these
will be regarded as aggravating circumstances of ignominy and of deliberately augmenting unnecessary
wrong to the main criminal objective under paragraphs 17 and 21 of Article 14 of the Revised Penal Code.
The atrocities above mentioned of which the appellant is beyond doubt guilty fall within the terms of the above
paragraphs.

For the very reason that premeditation treachery and use of superior strength are absorbed inn treason
characterized by killings, the killing themselves and other accompanying crime should be taken into
consideration for measuring the degree and gravity of criminal responsibility irrespective of the manner in
which they were committed. Were not this the rule treason the highest crime known to law would confer on its
perpetrator advantage that are denied simple murderer. To avoid such incongruity and injustice the penalty in
treason will be adapted within the range provided in the Revised Penal Code to the danger and harm and to
which the culprit has exposed his country and his people and to the wrongs and injuries that resulted from his
deeds. The letter and pervading spirit of the Revised Penal Code adjust penalties to the perversity of the mind
that conceived and carried the crime into execution. Where the system of graduating penalties by the
prescribed standards is inapplicable as in the case of homicides connection with treason the method of
analogies to fit the punishment with the enormity of the offense may be summoned to the service of justice
and consistency and in the furtherance of the law's aims.

Considering all the facts and circumstances of the case we believe that the appellants spontaneous plea of guilty is
sufficient to entitle him to a penalty below the maximum. The appealed decision is therefore modified and the
sentence reduced to reclusion perpetua with the legal accessories and costs.

Moran, C.J., Paras, Feria, Pablo, Perfecto, Bengzon, Briones and Reyes, JJ., concur.

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