GR L 592; (March, 1949) (Digest)
G.R. No. L-592; March 2, 1949
EL PUEBLO DE FILIPINAS vs. CARLOS DAYRIT
FACTS
The accused-appellant, Carlos Dayrit, was a member of the constabulary during the Japanese occupation. In June 1944, he and other constabulary soldiers arrested Francisco Santos on suspicion of being a guerrilla organizer. They tied him up, punched him, beat him with a cane, kicked him, and stepped on his head, forcing him to sign a confession after three days of torture. On June 11, 1944, Dayrit and others arrested Felipe Sembillo, a guerrilla lieutenant. The next day, Sembillo was tied to an iron railing in a public plaza, his eyes were blindfolded, and after a speech, he was bayoneted twice by other constabulary men. Dayrit then bayoneted him twice through the chest, causing instant death. Dayrit admitted killing Sembillo but claimed he acted under superior orders.
ISSUE
Whether the accused is guilty of the crimes charged, specifically murder, and whether the defense of acting under superior orders is valid.
RULING
Yes, the accused is guilty. The defense of superior orders is untenable as the order to execute a guerrilla was illegal under the laws then in force. The acts of cruelty, including torture and the public execution, demonstrate that Dayrit acted with malice and a desire to ingratiate himself with the Japanese forces, not under legal compulsion. The trial court’s conviction is affirmed, but due to the lack of sufficient votes for the death penalty, the sentence is reduced to reclusion perpetua in accordance with the applicable law. The court also orders a fine and indemnity to the heirs of the victim.
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