G.R. No. L-1449; January 7, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE DOSAL, ET AL., defendants. DANIEL ABOGA, appellant.
FACTS
Appellant Daniel Aboga, a guerrilla lieutenant, was part of a group of about twenty guerrilleros who, on the evening of May 16, 1944, took Marcelo Urbayan and Valentin Urbayan from their home in Santa Rita, Samar, to the mountains of Tagakay and killed them the following morning. The prosecution’s evidence on who performed the killings was contradictory. One prosecution witness, Agapito Patrimonio, testified that Aboga killed Marcelo Urbayan. However, another prosecution witness, Inocencio Bolito, and several defense witnesses testified that Marcelo was killed by Laureano Bolito and Valentin by a guerrillero from Leyte, and that Jose Dosal was the leader of the group, not Aboga. The defense presented evidence that the Urbayans were killed because they were believed to be pro-Japanese, having supplied foodstuffs to the Japanese. The trial court convicted Aboga, rejecting the defense’s claim that the killing was politically motivated and covered by the Amnesty Proclamation.
ISSUE
Whether appellant Daniel Aboga is entitled to the benefits of the Amnesty Proclamation for acts committed against persons aiding the enemy.
RULING
Yes. The Supreme Court reversed the trial court’s decision and applied the Amnesty Proclamation in favor of appellant Daniel Aboga. The Court found that the killing of the Urbayans was motivated by the belief that they had been aiding the Japanese by procuring food supplies for them. This fact was established by the testimonies of several witnesses, including one for the prosecution. Since the act was committed against persons believed to be aiding the enemy, it falls within the terms of the Amnesty Proclamation. The Court did not find it necessary to resolve the issue of conspiracy or Aboga’s direct participation, as the amnesty covered the crime imputed to him.
AI Generated by Armztrong.