GR L 1621; (March, 1951) (Digest)
G.R. No. L-1621; March 29, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANDRES BUCOY, defendant-appellant.
FACTS
The defendant-appellant, Andres Bucoy, a Filipino citizen before, during, and after the Japanese occupation, was charged with treason in an amended information containing fourteen counts. He was found guilty on all counts except counts 3, 4, 5, 8, and 13, and sentenced to twenty years of reclusion temporal, the accessories of the law, a fine of P5,000, and costs. The evidence established that from October 1943 to late 1944, Bucoy was associated with the Japanese Kempeitai, wore a Japanese uniform, carried a revolver, and guided Japanese patrols in searches for an American officer, Colonel McGee. Specific acts included: bringing USAFFE officer Honorio Aliado to Kempeitai headquarters for investigation and detention; seizing a car from Fausto Centeno for Japanese use; repeatedly searching houses (including those of Rosalio Apostol, Alberto Carpio, Gregorio Cortes, and Vicente Cabato) for arms, guerrillas, or Colonel McGee, often offering rewards for information; arresting and causing the beating of Vicente Cabato; and participating in the arrest and torture of Macario Almazan. The defendant denied the charges, claiming he was not connected with the Kempeitai and offering alternative explanations for his presence at some locations. The trial court found the testimonies of multiple prosecution witnesses credible and rejected the defendant’s denials as feeble.
ISSUE
Whether the defendant-appellant, Andres Bucoy, is guilty of the crime of treason based on the evidence presented.
RULING
Yes, the defendant-appellant is guilty of treason. The Supreme Court affirmed the judgment of the lower court. The evidence conclusively proved that Bucoy, a Filipino citizen, adhered to the enemy (Imperial Japanese Army) and gave them aid and comfort through various overt acts, including guiding patrols, arresting and delivering individuals to the Kempeitai, participating in searches and seizures, and offering rewards for information against the resistance. His denials were deemed insufficient to overcome the consistent and credible testimonies of numerous witnesses, including some who were previously his friends. The crime of treason was thus established beyond reasonable doubt.