GR L 4618; (March, 1952) (Digest)
G.R. No. L-4618; March 28, 1952
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO GOLEZ, defendant-appellant.
FACTS
The accused, Romeo Golez, a Filipino citizen, was convicted of treason on three counts by the Court of First Instance of Occidental Negros and sentenced to 20 years of reclusion temporal, a fine, and accessory penalties. During the early part of the war, he worked for the guerillas in Negros but was later captured by the Japanese and subsequently worked for them. The Court of Appeals certified the case to the Supreme Court as the penalty to be imposed was life imprisonment. The three counts are: Count 3 In June 1944, the accused, with Juanito Diaz, arrested Mrs. Mary Estrella Gay and her sister Emilia Young, took them to the Kempeitai, and accused them of aiding guerillas, leading to their investigation, maltreatment, and detention. Count 4 In June 1944, the accused, with Juanito Diaz, arrested Filomeno Gino-o at night, accused him before the Kempeitai of being a mechanic for the guerillas, leading to his investigation and maltreatment. Count 7 On November 5, 1944, the accused, with other Japanese spies, led a Japanese Kempeitai officer to Talisay, Occidental Negros, and arrested or caused the arrest of guerilla Manuel Chua, who was taken to the Kempeitai and never seen again. Multiple witnesses testified for each count, corroborating the accused’s active participation in the arrests.
ISSUE
Whether the accused, Romeo Golez, is guilty of treason based on the evidence presented for the three counts, in compliance with the two-witness rule.
RULING
Yes, the accused is guilty of treason. The Supreme Court found that the charges in the three counts were established by the required number of witnesses. The testimonies of the prosecution witnesses sufficiently agreed on the overt acts of treason committed by the accused in actively participating in the arrests of persons connected with the guerillas, which constitutes a sufficient compliance with the two-witness rule. The Court upheld the trial court’s findings on credibility, noting the accused failed to show any motive for false testimony. The accused’s claim of being a former guerilla does not excuse his later treasonable activities. With no aggravating or mitigating circumstances, the medium degree of the penalty is applicable. The sentence is modified, raising the prison term to life imprisonment, and affirmed with costs.