G.R. No. L-406; January 7, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BIENVENIDO GARCIA (alias DOMINGO GARCIA), defendant-appellant.

FACTS

The appellant, Bienvenido Garcia, was charged with treason. The prosecution proved that in September and October 1944, Garcia, acting in concert with armed Japanese soldiers, participated in the arrests of three individuals: Carlos Escudero (a guerrilla who never returned), Danilo Tagle (confined for 26 days), and Mario Martinez (a guerrilla who never returned). Multiple witnesses testified to these arrests and identified Garcia as a spy for the Japanese military police. Garcia denied direct involvement, claiming he attempted to intervene or vouch for some of the individuals, and asserted he was forced into Japanese service after being tortured. He also presented evidence of his alleged guerrilla connections and instances where he secured the release of other detainees.

ISSUE

Whether the appellant is guilty of the crime of treason under Article 114 of the Revised Penal Code.

RULING

Yes, the appellant is guilty of treason. The Court affirmed the judgment of the lower court. The overt acts of voluntarily participating with Japanese soldiers in the arrests of the three individuals constituted giving aid and comfort to the enemy. The appellant’s claim of being forced into service and his alleged guerrilla activities do not exempt him from criminal liability for these specific, proven acts of adherence to the enemy. The defense’s evidence regarding securing releases does not negate his criminal responsibility for the arrests in which he actively took part. The penalty of reclusion perpetua, a fine of P10,000, and accessory penalties was imposed.

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