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    10.-GR-No.-L-407 - People-vs-Alarcon - Cagulada (Reviewed)

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    Ralph Earvin
    Case Digest Crim Law

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    10.-GR-No.-L-407 - People-vs-Alarcon - Cagulada (Reviewed)

    Uploaded by

    Ralph Earvin
    5 views2 pages
    Case Digest Crim Law

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    10.-GR-No.-L-407_People-vs-Alarcon_Cagulada [Reviewed]

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    Case Digest Crim Law

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5 views2 pages

    10.-GR-No.-L-407 - People-vs-Alarcon - Cagulada (Reviewed)

    Uploaded by

    Ralph Earvin
    Case Digest Crim Law

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Name: Cagulada, Feranie Jane D.

    HNU College of Law


    Subject: JD 402 [A] Criminal Law II J.D. 1

    Case Name:

    The People of the Philippines, plaintiff-appellee, vs. Daniel Alarcon,


    defendant-appellant.

    Supreme Court En Banc, Feria J.


    G.R. No. L-407
    July 28, 1947

    Doctrine: Article 114 – Treason; One way of committing the crime of treason –
    Adherence to the Enemy and Giving Aid and Comfort

    Facts: Daniel Alarcon, accused, was convicted of the crime of treason and was
    sentenced to the penalty of reclusion perpetua with the accessory
    penalties of the law, and to pay a fine of P10,000 and the costs. Not
    satisfied with the decision of the trial court, Alarcon appealed to the
    Supreme Court.

    The following are the counts of treason charged:

    First Count – that the defendant joined the military organization called
    Makapili, which had its headquarters in Cabanatuan, Nueva Ecija;
    received an army rifle from the enemy; stood guard every morning at said
    headquarters; underwent military training under a Filipino and a Japanese
    instructors; and accompanied patrols of Japanese and Makapili soldiers
    in search of guerrillas. This statement was supported by two witnesses,
    Pedro Tolentino and Sotero Domingo.

    Second Count – The accused, having joined the military organization,


    aided the enemies to look for and liquidate the guerrillas, to the extent of
    torturing and detaining civilians.

    Third Count – that a group of Japanese and Makapili soldiers arrested


    Lorenzo' Sampang, his two sons Benedicto and Felizardo, and his son-in-
    law Manuel Villar, and took all of them to the Makapili headquarters in
    Cabanatuan; that the persons arrested met the accused with other
    Makapilis at said headquarters and were submitted by the latter to a rigid
    examination about their connection with the guerrillas; that, as Manuel
    Villar refused to answer questions propounded to him by the appellant,
    the latter took him to a room, and so maltreated tortured him that when
    Villar came out of the room, face was bloody, his arms swollen, and he
    could hardly walk. This statement was also supported by two witnesses,
    Lorenzo Sampang and Felizardo Sampang.
    Fourth Count – that the accused in the month of December, 1944,
    retreated with the Japanese forces towards Bongabon Nueva Ecija,
    before the arrival of the American Forces in Cabanatuan, is also
    supported by the testimony of two witnesses, Pedro B. Tolentino (p. 12),
    and Sotero Domingo. Such statement was also supported by two
    witnesses, Pedro B. Tolentino and Sotero Domingo.

    Issue/s: Whether or not Alarcon was properly convicted of the crime of treason.

    Ruling: Yes, Alarcon was properly convicted of the crime of treason.

    There is no doubt that, under the law, the overt acts alleged in the second
    count and borne out by the testimony of two witnesses, constitute
    adherence to the enemies giving them aid and comfort. Because the
    appellant in furtherance of the hostile design of our enemies aided them
    to look for and liquidate the guerrillas, to the extent of torturing and
    detaining civilians, among them one Manuel Villar, who never returned to
    his home and whose whereabouts until the date of the trial, was still
    unknown.

    Hence, the court found the accused guilty of treason by his act of joining
    and acting as a member of the Makapili – by adhering to and giving the
    enemy aid and comfort, regardless of whether the motive prompting him
    to do so was merely sympathy or pecuniary gain. Unless the appellant
    was forced to join or joined the Makapili organization against his will, of
    which there was no evidence to prove in this case, the accused shall be
    properly charged with the crime of treason.

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