GR L 593; (January, 1948) (Digest)
G.R. No. L-593; January 19, 1948
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PABLO ALEJO, accused-appellant.
FACTS
The accused, Pablo Alejo, a Filipino citizen, was convicted of treason by the People’s Court for acts committed during the Japanese occupation. The conviction was based on one substantiated charge: that in July 1943, in Ormoc, Leyte, he, as a member of the Japanese “home guards,” guided and accompanied a patrol of Japanese soldiers in a raid on a guerrilla camp. During the raid, Alejo was positively identified by multiple witnesses as the person who, after deceitfully approaching a guerrilla scout, seized and bayonetted him, leading to the scout’s death. The raiding party also killed an elderly civilian and took hostages.
ISSUE
Whether the accused was sufficiently identified as a participant in the treasonous acts, such that his conviction should be affirmed.
RULING
Yes, the conviction is affirmed. The Court found the testimonies of three eyewitnesses, who had known the accused since boyhood and recognized him under bright moonlight, to be credible and sufficient for positive identification. Minor inconsistencies in their accounts were deemed immaterial and understandable given the nature of the incident. The Court upheld the finding of treason, with one Justice concurring in the result on a different legal view but agreeing on the penalty. The penalty of life imprisonment and a fine was affirmed.
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