GR L 1275; (April, 1949) (Digest)
G.R. No. L-1275; April 28, 1949
EL PUEBLO DE FILIPINAS vs. FULGENCIO BUSTILLOS
FACTS
The accused, Fulgencio Bustillos, a Filipino citizen, was charged with aiding the Japanese military during their occupation. The evidence established that in August 1943, he participated with Japanese soldiers in the arrest and torture of several civilians (including the mayor and municipal secretary of Labrador, Pangasinan) to extract information about the whereabouts of American Army officers Colonel Garcia and Captain Inakay. The accused personally maltreated the detainees. In April 1944, he also ordered a municipal policeman to accompany him and Japanese soldiers to arrest a guerrilla lieutenant. The accused claimed an alibi, asserting he was imprisoned as a guerrilla at the time, but the evidence showed he was, in fact, an armed spy for the Japanese.
ISSUE
Whether the accused is guilty of the crime of treason under Article 114 of the Revised Penal Code for aiding the enemy Japanese forces.
RULING
Yes. The Supreme Court affirmed the judgment of the People’s Court. The evidence clearly and convincingly proved that the accused, with adherence to the enemy, actively assisted the Japanese military in their operations against the resistance forces, to the detriment of the war effort. The penalty of reclusion perpetua with its accessories and a fine of P10,000, imposed under Article 114 of the Revised Penal Code, was in accordance with the evidence and the law.
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