G.R. No. L-1655; January 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO BAUTISTA (alias ERIBERTO OCAMPO), defendant-appellant.

FACTS

Roberto Bautista, a Filipino citizen and former enlisted man in the Philippine Army Air Corps, surrendered to Japanese forces after their occupation of Cebu. He subsequently served as an undercover agent for the Japanese kempei-tai (military police), actively participating in raids, apprehensions, investigations, and torture of guerrilla suspects in Cebu and Bohol while armed. Specific acts included his presence and participation in a mopping operation in Clarin, Bohol, where suspects were captured and tortured; the arrest of Lt. Pacifico Rosales of the Bohol guerrillas in Cebu City, after which Rosales disappeared and was presumed killed; and involvement in the torture of other individuals and the killing of an old man who failed to lead Japanese forces to guerrillas.

ISSUE

Whether the evidence presented by the prosecution is sufficient to prove beyond reasonable doubt that Roberto Bautista committed treason by adhering to the enemy and giving them aid and comfort during the Japanese occupation.

RULING

Yes. The Supreme Court affirmed the judgment of the People’s Court convicting Roberto Bautista of treason and sentencing him to reclusion perpetua. The Court found that the prosecution evidence, through multiple witnesses, conclusively established Bautista’s citizenship and allegiance, and his intentional and active participation in activities aiding the Japanese forces, such as accompanying them in raids, arresting and investigating guerrilla suspects, and participating in acts of violence against them. His adherence to the enemy and the treasonable character of his acts were proven in accordance with the requirements of the treason law. The Court rejected the defense’s challenge to the sufficiency of the evidence.

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