GR L 1548; (March, 1949) (Digest)
G.R. No. L-1548; March 29, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SEVERO BASCON (alias KID MORO), defendant-appellant.
FACTS
During the Japanese occupation in Cebu, the appellant, Severo Bascon (alias “Kid Moro”), a Filipino citizen, was charged with treason. The prosecution presented evidence for one count, alleging he acted as a spy/undercover agent for the Japanese Kempei Tai. The evidence established that on May 3, 1943, Bascon, armed and with Japanese soldiers, arrested guerrilla sergeant Cristobal Cortes and Inocencia Mabini. Bascon participated in torturing Cortes to reveal a hidden revolver. Both were detained for 47 days. Cortes was later killed by the Japanese. In August 1944, Bascon, with Japanese and Filipino companions, raided Gerardo Ouano’s house in Mandaue, Cebu, searching for firearms and guerrillas, maltreating the occupants, and taking Gerardo, his son, and a servant for detention and torture. Bascon, a well-known pre-war boxer, was married to a Japanese woman who worked as an interpreter. He claimed he was investigated and cleared by the U.S. Counter Intelligence Corps (CIC) after liberation but could not produce the clearance papers, stating he lost them.
ISSUE
Whether the guilt of the appellant for the crime of treason has been proven beyond reasonable doubt.
RULING
Yes. The Court affirmed the decision of the People’s Court, finding the appellant guilty of treason. The evidence sufficiently established that Bascon, a Filipino citizen owing allegiance, adhered to and aided the Japanese forces by actively participating in raids, arrests, torture, and gathering information against guerrillas. His acts constituted treason. The Court found the evidence credible and rejected his claim of CIC clearance due to lack of proof. The penalty of life imprisonment, a fine of P1,000, and costs was affirmed. (Note: A dissenting opinion by Justice Briones argued for acquittal based on reasonable doubt, citing the passionate prejudices of the time, the dismissal of two other counts for lack of evidence, and the alleged CIC clearance.)
AI Generated by Armztrong.