GR L 1975; (December, 1950) (Digest)
G.R. No. L-1975 December 21, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO DE LOS SANTOS, defendant-appellant.
FACTS
The defendant-appellant, Francisco de los Santos, a Filipino citizen, was charged with treason under six counts. The prosecution presented evidence for Counts 1 to 4. The evidence established that in January 1945, the appellant, together with a companion and Japanese soldiers, raided a house in Zamboanga, arrested several persons suspected of being guerrillas, tied and maltreated them, and later four of them were killed. In March 1945, the appellant participated in the torture of Florencio Sebastian to extract information and in the robbery of goods and valuables from the houses of Florencio Sebastian and Jose Lim. The appellant denied direct participation, claiming he was merely an interpreter and porter for the Japanese, and that the Japanese perpetrated the acts.
ISSUE
Whether the defendant-appellant is guilty of treason.
RULING
Yes, the defendant-appellant is guilty of treason. The Court found the testimonies of the prosecution witnesses credible and sufficient to establish the overt acts of giving aid and comfort to the enemy. The appellant, by participating in the arrest, investigation, and torture of his countrymen who were part of the resistance movement, adhered to the enemy. The evidence showed conspiracy and concerted action with his companions, making him responsible for their acts. The penalty was modified from death to reclusion perpetua due to the lack of the required votes for capital punishment under the Judiciary Act of 1948. The indemnities to the victims were also adjusted according to the evidence.
AI Generated by Armztrong.
