GR L 1441; (April, 1949) (Digest)
G.R. No. L-1441; April 7, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MIGUEL N. MORENO (alias CAPTAIN MORENO), defendant-appellant.
FACTS
Miguel N. Moreno, a Filipino citizen, was a commander of the “Kaigun Juitai,” a military organization attached to the Japanese naval police in Zamboanga during the Japanese occupation. He was charged with treason for acts committed in aid of the enemy. The prosecution evidence established that on November 15, 1943, Moreno led an attack on the residence of Otto Galle in Patalon, resulting in the killing of ten persons, including Galle, his family, and others, and the burning of the house after looting. On April 22, 1944, Moreno participated in the arrest of Eulogio Biel, Dionisio Biel, and Enrique Fargas, who were later executed and never seen again. On February 11, 1944, Moreno led a patrol that, after an investigation, machine-gunned and killed six individuals, including Agustin and Claro Nonial. Moreno admitted his Filipino citizenship but denied the charges, claiming he was acting under orders and had been pardoned earlier.
ISSUE
Whether the trial court erred in finding appellant guilty of the crime of treason.
RULING
No. The Supreme Court affirmed the conviction for treason under Article 114 of the Revised Penal Code, as modified. The Court found the trial court’s factual findings, including Moreno’s adherence to the enemy and his participation in the alleged atrocities, to be substantially supported by the evidence. The defense’s claims of error, including the denial of a motion for postponement, the admission of exhibits, and the denial of an ocular inspection, were found to be without merit or not to have prejudiced the appellant substantially. The death penalty imposed by the trial court was modified to reclusion perpetua. Appellant was also ordered to pay a fine of P10,000, indemnity of P90,000 to the heirs of the fifteen victims, and the costs.
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