G.R. No. L-1305; June 24, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNABE GALO, defendant-appellant.

FACTS

The appellant, Bernabe Galo, a member of the police force of Manaoag, Pangasinan, was convicted of treason by the People’s Court. The prosecution proved at least three overt acts with two witnesses each: (1) On May 23, 1943, he accompanied Japanese and constabulary soldiers to arrest and personally tortured guerrilla suspects Jose Quevedo, Juan Baldos, and Teofilo Duran by beating them and subjecting them to water torture. (2) On July 2, 1944, he accompanied Japanese soldiers to arrest guerrilla officer Antonio Repoldo, whom he slapped, tied, subjected to water torture, hanged from a tree, and whipped. (3) On February 23, 1944, he accompanied the arrest of guerrilla leader Tomas Velasquez, who was later taken and maltreated by Japanese soldiers. Appellant admitted his presence during these events but denied personal participation, claiming he was forced by the Japanese.

ISSUE

Whether the acts committed by the appellant constitute the crime of treason.

RULING

Yes. The Supreme Court affirmed the conviction. Mere membership in the local police force does not constitute treason. However, the appellant’s acts of voluntarily accompanying Japanese soldiers to arrest and his personal, violent torture of known guerrilla members because of their resistance activities demonstrate his adherence to the enemy and giving them aid and comfort. These acts constitute treason. His defense of being forced by the Japanese is belied by the personal initiative and violence he exhibited. The judgment sentencing him to reclusion perpetua, a fine, and costs is affirmed.

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