G.R. No. L-1547; January 28, 1949
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAXIMO BATE (alias BORJA, alias PATSO), defendant-appellant.

FACTS

The appellant, Maximo Bate, a Filipino citizen, was charged with treason on nine counts before the People’s Court. Three counts were dropped during trial. The remaining proven counts involved his active participation with Japanese forces during the occupation in various raids and arrests in Cebu City from 1943 to 1945. Specific acts included: participating in a raid where a guerrilla was killed and acting as a lookout (Count 7); apprehending and pointing a rifle at individuals later taken to Japanese Military Police (Count 1); raiding a house to investigate guerrilla connections (Count 9); raiding a house, tying up, and maltreating a suspect who later disappeared (Count 2); arresting and participating in the investigation and maltreatment of a suspect (Count 4); and raiding a house, suggesting burning it, and resulting in the imprisonment of suspects (Count 5). The defense claimed he was a guerrilla arrested and forced to work for the Japanese, but the trial court found the prosecution witnesses credible.

ISSUE

Whether the appellant’s guilt for the crime of treason has been proven beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the judgment of the People’s Court, finding appellant guilty of treason. The overt acts under Counts 1, 2, 5, 7, and 9 were established by the required two-witness rule. While the evidence for Count 4 (involving only one witness per overt act) was insufficient to prove the specific overt acts, it could still be considered as proof of appellant’s adherence to the enemy. The court found the appellant’s active and armed participation with Japanese raiding parties, which involved apprehending, maltreating, and investigating Filipino civilians and suspected guerrillas, constituted giving aid and comfort to the enemy. His guilt was established beyond reasonable doubt.

AI Generated by Armztrong.