GR L 2315; (November, 1950) (Digest)
G.R. No. L-2315, December 29, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOROTEO ABATAYO, defendant-appellant.
FACTS
Doroteo Abatayo was charged with treason before the People’s Court. The prosecution proceeded only on the fifth count, alleging that on or about December 6, 1944, in Minglanilla, Cebu, he, together with Japanese soldiers and other members of the Japanese-sponsored constabulary, went on patrol to apprehend guerrilla suspects, resulting in the arrest of Pedro and Jose Abellanosa and the killing of one “John Doe.” During the trial, after the prosecution rested, the defense moved to dismiss for lack of evidence, which was denied. The defense then waived the right to present evidence. The court convicted Abatayo and sentenced him to 15 years of reclusion temporal, a P5,000 fine, and costs. He appealed, contesting the proof of his Filipino citizenship and the sufficiency of evidence identifying him and establishing treasonous acts.
ISSUE
1. Whether the prosecution sufficiently proved Abatayo’s Filipino citizenship.
2. Whether the prosecution sufficiently proved his identity as a participant in the alleged acts.
3. Whether his acts constituted treason under Article 114 of the Revised Penal Code.
RULING
1. Yes, his Filipino citizenship was sufficiently proved. He thumbmarked and signed Exhibit A, a statement regarding his Philippine citizenship, and signed Exhibit B containing the same facts, in the presence of a provincial jail information clerk. The defense did not rebut this evidence.
2. Yes, his identity was sufficiently established. Witnesses Teotima and Gloria Abellanosa recognized him during the incident, as he tied up Teotima and her husband, threatened them, and was seen on multiple occasions, including the next day leading the captives. The lighting in the house and the Japanese soldier calling him by his full name aided identification.
3. Yes, his acts constituted treason. He actively participated in the Japanese patrol, tied up and threatened civilians, assisted in searching for guerrilla suspects, and contributed to the capture and subsequent disappearance (presumed killing) of Pedro and Jose Abellanosa, thereby adhering to the enemy and giving them aid and comfort.
The judgment of conviction is AFFIRMED.
AI Generated by Armztrong.