G.R. No. L-2235; January 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. URBANO MARASIGAN, defendant-appellant.

FACTS

The appellant, Urbano Marasigan, a Filipino citizen, was a member of the Japanese Military Police in Sariaya, Tayabas, during the Japanese occupation. He was charged with treason. The prosecution established that on January 21, 1945, as part of a Japanese raiding party, Marasigan, wearing a Japanese uniform and carrying a rifle, participated in the arrest of Macario and Maximo Siores, who were guerrilla messengers. He ordered them out of their house and directed them to the Japanese captain. The brothers were taken to the mountains and never seen again. About a month later, Marasigan informed Macario’s wife that her husband was dead. The defense claimed Marasigan was in Japanese custody at the time and that the charge was motivated by a personal grudge, alleging that the father of the arrested men, Nicasio Siores, had courted Marasigan’s wife. The trial court found the prosecution witnesses credible and noted attempts by the defense to influence witnesses, including a bribe offer to Nicasio Siores.

ISSUE

Whether the appellant is guilty of treason.

RULING

Yes, the appellant is guilty of treason. The Court affirmed the finding of guilt but modified the penalty. The evidence, including credible witness testimony, established the overt act of adhering to the enemy by participating in the arrest of guerrilla suspects, which led to their disappearance. However, considering the mitigating circumstance of lack of instruction (as Marasigan had little formal education) and the absence of evidence that he directly participated in killing or torturing the arrestees, the penalty was reduced from reclusion perpetua to seventeen years and four months of reclusion temporal and a fine of P5,000. The decision of the People’s Court was affirmed in all other respects.

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