GR L 1961; (December, 1948) (Digest)
G.R. No. L-1961, December 22, 1948
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO DE LOS REYES, defendant-appellant.
FACTS
The defendant-appellant, Antonio de los Reyes, was a former soldier of the Philippines Constabulary who surrendered to the Japanese army after the outbreak of the Pacific War. He later served as a sergeant in the Bureau of Constabulary under the Japanese regime. On September 3, 1944, he participated with others in the maltreatment and torture of Teofilo Ponce and Tereso Saso in Cabadiangan, Liloan, Cebu, to extract information about guerrilla whereabouts. Later the same day, at the Tamiao market place, he and his group arrested several members of the Magdadaro family, resulting in the killing of Francisco Magdadaro. Appellant raised an alibi defense, claiming he was at the constabulary barracks in Barili at the time, supported by testimonies from fellow detainees and an indictee.
ISSUE
Whether the defendant-appellant is guilty of the crime of treason under Article 114 of the Revised Penal Code.
RULING
Yes. The Supreme Court affirmed the trial court’s judgment. The facts conclusively proved that appellant adhered to the enemy by giving aid and comfort, constituting treason. The testimonies of prosecution witnesses were found credible and were not impugned as to motive, while appellant’s alibi defense was deemed completely unbelievable. The penalty of reclusion perpetua and a fine of P10,000 was upheld.
AI Generated by Armztrong.
