GR L 2063; (June, 1949) (Digest)
G.R. No. L-2063; June 24, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CEFERINO BARTIQUIN, defendant-appellant.
FACTS
Ceferino Bartiquin, the barrio lieutenant of Cabulihan and Cagbuhangin in Ormoc, Leyte, was charged with treason on five counts for acts committed during the Japanese occupation. The charges included arresting and delivering suspected guerrillas to Japanese forces, resulting in deaths and maltreatment. The trial court convicted him on four counts and sentenced him to reclusion perpetua, a fine, and costs.
ISSUE
Whether the prosecution complied with the two-witness rule required for conviction of treason under Article 114 of the Revised Penal Code for each count.
RULING
Yes, in part. The Supreme Court affirmed the conviction but only on counts two, four, and five. The two-witness rule was satisfied for these counts: for count two (taking hostages from the Ibañez family), by the testimonies of Sabina and Patricio Ibañez; for count four (arrest of Damian Burlas), by Marcelo Lonzaga and Aniceta Chaquin; and for count five (arrest and maltreatment of Demetrio Rita), by Demetrio Rita and Elpidio Ico. However, for count one (arrest of Teofilo Aseledano), the rule was not complied with as no single overt act was testified to by at least two witnesses. Appellant’s defense of being a former guerrilla and performing official duties was rejected, as such acts constituted aid to the enemy. The sentence of the trial court was affirmed with costs.
AI Generated by Armztrong.