GR L 1080; (June, 1949) (Digest)
G.R. No. L-1080; June 27, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE JAVIER ALMODOVAR, defendant-appellant.
FACTS
The defendant-appellant, Jose Javier Almodovar, a Filipino citizen, was charged with treason under five counts before the People’s Court. The charges included: (1) joining the Japanese Military Police as an agent, spy, informer, and guide, and participating in military operations against guerrillas; (2) capturing American pilot Lt. Leslie, appropriating his belongings, and delivering him to the Japanese forces; (3) apprehending, torturing, and inflicting injuries on several individuals for their guerrilla activities; (4) in conspiracy with Japanese forces, arresting, torturing, and causing the killing of guerrilla suspects; and (5) joining the pro-Japanese Makapili organization, participating in its operations against liberation forces, and retreating with Japanese forces. The trial court found him guilty and sentenced him to life imprisonment, a fine, and accessory penalties.
ISSUE
Whether the trial court erred in finding the defendant-appellant guilty of treason based on the evidence presented.
RULING
No, the trial court did not err. The Supreme Court affirmed the conviction. The prosecution amply established the elements of treason, including the defendant’s allegiance to the Philippines and his intentional acts giving aid and comfort to the enemy (Japan), through the testimony of more than two witnesses for each overt act as required by the two-witness rule. The evidence showed his active collaboration: wearing a Japanese uniform, participating in raids, arresting and delivering guerrilla suspects and an American pilot to the Japanese, and joining the Makapili. His defense of being forced or secretly pro-Filipino was rejected as unsupported and contradicted by overwhelming witness testimony and his own prior written admission of pro-Japanese activities (Exhibit A), which, while not alone proving overt acts, impeached his credibility and showed adherence to the enemy. The decision of the People’s Court was affirmed.
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