GR L 1975; (November, 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, which involved acts committed in Zamboanga City in 1945 during the Japanese occupation. The evidence established that the appellant, together with companions including Eligio Torres and Japanese soldiers, participated in raids, arrests, investigations, torture, and killings of individuals suspected of being guerrillas. Specifically, the appellant was involved in the apprehension, torture, and subsequent killing of Castro de la Vega, Domingo Jimenez, Cresencio Timpangco, and Ponciano de la Chica. He also participated in the torture of Florencio Sebastian and the robbery of goods and jewelry from Florencio Sebastian and Jose Lim. The appellant denied direct participation, claiming he merely acted as an interpreter and porter under Japanese orders, but the trial court found the testimonies of multiple prosecution witnesses credible and corroborative.
ISSUE
Whether the appellant is guilty of treason for giving aid and comfort to the enemy during the Japanese occupation.
RULING
Yes, the appellant is guilty of treason. The Supreme Court affirmed the conviction but modified the penalty. The Court found that the appellant, a Filipino citizen owing allegiance to the Commonwealth, joined the enemy by actively participating in the arrest, investigation, and torture of his countrymen engaged in the resistance movement, thereby giving aid and comfort to the Japanese forces. The testimonies of more than two witnesses for each overt act satisfied the two-witness rule required in treason cases. The Court held that the appellant’s participation, in conspiracy with his companions, made him responsible for all unlawful acts committed. The death penalty imposed by the trial court was reduced to reclusion perpetua because eight Justices failed to reach a decision on the capital penalty, as provided under the Judiciary Act of 1948. The indemnities to the victims were also adjusted according to the evidence.
AI Generated by Armztrong.