G.R. No. L-1138; December 17, 1947
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE FERNANDO, defendant-appellant.

FACTS

Accused Jose Fernando, a Filipino citizen, was convicted of treason by the People’s Court and sentenced to reclusion perpetua, a fine, and costs. The information alleged eight overt acts of treason committed during the Japanese occupation, including: joining the Japanese Kempei-tai as an informer/spy; reporting, arresting, investigating, and torturing guerrilla suspects and their relatives (such as Ponciano Briones, Carlos Paz, Gregorio Hernandez, Abraham Albines, and Gabriel Tongol); and leading or accompanying Japanese soldiers in raids against guerrillas and civilians. The prosecution presented multiple witnesses who testified to Fernando’s active role in the Kempei-tai and his participation in these acts. Fernando admitted being a member of the Kempei-tai but claimed he was forced into service and that his employment was known and sanctioned by guerrilla leaders—defenses rejected by the trial court.

ISSUE

Whether the accused is guilty of treason based on the overt acts proved.

RULING

Yes. The Supreme Court affirmed the conviction. The prosecution proved at least two overt acts of treason by the testimony of two witnesses for each act, as required by law. The acts of arresting and investigating guerrilla suspects and inflicting punishment and torture constituted giving aid and comfort to the enemy. Fernando’s defenses of involuntary servitude and guerrilla approval were unsubstantiated. No evidence showed he acted under force, fear, or with guerrilla authorization; his actions demonstrated voluntary adherence to the Japanese. Even if his induction were involuntary, his subsequent overt acts of aiding the enemy would still constitute treason. The decision of the People’s Court was affirmed.

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