G.R. No. L-2059 March 30, 1951
EL PUEBLO DE FILIPINAS, quaerellante-apelado, vs. JESUS ASTROLOGO, acusado-apelante.

FACTS

The accused, Jesus Astrologo, appealed a death sentence from the People’s Court for the crime of treason. The information contained 14 counts, but the prosecution presented evidence only for counts 1, 2, 3, 4, 5, 7, and 9. The facts established for these counts are:
Counts 1 & 2: On the afternoon of February 25, 1945, a U.S. Army plane crashed near Bacolod. The accused approached the plane, took the aviator’s hunting knife, cut the strap holding the aviator, stabbed him twice, dragged him to the beach by the hair, gouged out one eye (which he wrapped in paper and put in his pocket), and attempted to gouge the other eye before being stopped by a Japanese officer. That evening, he celebrated the act by drinking tuba.
Count 3: On February 22, 1945, the accused arrested George Losande, a USAFFE member and guerrilla, in front of his wife Milagros, tied him up, pushed him into a compartment, and hanged him. The accused struck George with a stick despite Milagros’s pleas. George’s skeleton was later identified.
Count 4: On March 16, 1945, the accused, with Japanese secret agents, went to the house of Inocenta Pidoy looking for her guerrilla nephew, Alberto Luzurriaga. Later, they returned with the arrested Alberto. Inocenta and others were taken for investigation, where they saw Alberto suspended with hands tied. The accused and his companions seized money and jewelry from Inocenta, Marina, and Ledda. Inocenta later gave the accused 30,000 pesos in Japanese war notes for Alberto’s release, but Alberto was never freed.
Count 5: On January 22, 1945, the accused, with Japanese soldiers, arrested Corina Realista and Isabel Abatong. At the Konobutai headquarters, the accused struck Corina in the abdomen for not revealing guerrilla whereabouts. She also witnessed the maltreatment of guerrilla Elladio Perez, who was later taken away and never seen again.
Count 7: On July 22, 1943, the accused, with Filipino spies and Japanese soldiers, arrested several residents in Iloilo to inquire about Governor Tomas Confesor’s whereabouts. They were maltreated. The accused tied up Silvestre Penasales (a civil engineer and guerrilla) and, despite his wife Consuelo’s pleas, killed him with a bolo shot.
Count 9: On August 10, 1943, the accused, with Japanese soldiers, captured Alfredo Trompeta and Roque Tiologo, members of the Iloilo guerrilla. They were taken to a chapel where about 40 men and 15 women were detained and tied. After an investigation, 31 men were executed. The accused personally beheaded Roque Tiologo, Jose Tauron, and Matias Tirania. Alfredo Trompeta and Hilario Taghap survived by pretending to be dead.

ISSUE

Whether the accused is guilty of the crime of treason under Article 114 of the Revised Penal Code based on the evidence presented for the specified counts.

RULING

The Court affirmed the conviction for treason. The evidence overwhelmingly established that the accused, with manifest adherence to the invaders, aided in the capture, maltreatment, and execution of several guerrillas and, with his own hands, killed three of his countrymen (Roque Tiologo, Jose Tauron, and Matias Tirania) and an American aviator. The constitutional requirement of the two-witness rule was met for each count. The accused’s own defense counsel conceded the overwhelming and almost uncontradicted evidence of guilt. Due to insufficient votes to confirm the death penalty, the sentence was modified to reclusion perpetua with its accessories. The accused was also ordered to restitute P5,500 to Inocenta Pidoy, P2,000 to Marina Pidoy, and P2,000 to Ledda Pidoy. The judgment was affirmed in all other respects, with costs.