GR L 1653; (January, 1949) (Digest)
G.R. No. L-1653; January 28, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE TUMANDAO, defendant-appellant.
FACTS
The appellant, Vicente Tumandao, was convicted of treason by the People’s Court and sentenced to reclusion perpetua and a fine. The information contained eighteen counts, but he was found guilty of five specific charges. These involved his role as second in command of a Japanese-sponsored Constabulary unit in Leyte and his alleged leadership of patrols in January 1944 that arrested individuals (including ex-USAFFE soldiers and their relatives) and seized property, actions purportedly done to aid the enemy. The appellant admitted participation in the raids but presented evidence, corroborated by witnesses, that he acted under Japanese orders, did not personally commit the arrests or thefts, and that those detained were released shortly after his investigations. He also highlighted his pre-war military service, including fighting in Bataan, receiving a Purple Heart, surviving the “Death March,” and imprisonment at Capas, arguing he had no choice but to join the Constabulary.
ISSUE
Was the appellant’s guilt for the crime of treason proven beyond a reasonable doubt?
RULING
No. The Supreme Court acquitted the appellant. After carefully weighing the evidence, the Court found his guilt was not established beyond a reasonable doubt. The Court gave credence to the appellant’s explanations and his consistent admission of presence during the raids while denying direct culpability for the alleged brutalities and thefts. It considered his distinguished pre-war and wartime record as a Filipino soldier, his status as a former prisoner of war, and the coercive context of the Japanese occupation. The Court found it improbable that such a soldier would willingly become a tool of the enemy. The immediate release of most detainees after his investigations indicated a lack of intent to betray the country. The evidence failed to meet the stringent two-witness rule required for treason convictions on the overt acts charged.
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