G.R. No. L-2237; January 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AMADO MENOR, defendant-appellant.

FACTS

Amado Menor, a Filipino citizen, was charged with treason before the People’s Court. The prosecution proceeded on two counts: (1) Count 2—On December 1, 1944, in Tipas, Taguig, Rizal, Menor actively cooperated with the Japanese in establishing a “military cordon,” gathering inhabitants for screening by a hooded “magic eye” to identify guerrillas, resulting in the detention and disappearance of those pointed out. (2) Count 4—On December 30, 1944, in Pasig, Rizal, Menor, accompanied by others and a Japanese military police, arrested guerrilla Ernesto Buenviaje, who was then tied, taken away, and never seen again. The People’s Court convicted Menor, considering the mitigating circumstance of lack of education, and sentenced him to 14 years, 8 months, and 1 day of reclusion temporal, a fine, and costs. Menor appealed, arguing insufficient evidence and failure to prove all elements of treason.

ISSUE

Whether the evidence adduced by the prosecution sufficiently proves Menor’s guilt for the crime of treason under Article 114 of the Revised Penal Code.

RULING

Yes, the Supreme Court affirmed the conviction but modified the penalty. The prosecution overwhelmingly established Menor’s active participation in both counts, with more than two witnesses for each, satisfying the two-witness rule for treason. His acts constituted adherence to and giving aid and comfort to the enemy. The Court disagreed with the trial court’s consideration of the mitigating circumstance of lack of instruction, noting Menor’s intelligence as demonstrated by his role as an informer for the Japanese. With no modifying circumstances, the proper penalty was the medium period of reclusion temporal to death, which is reclusion perpetua. The judgment was thus modified to impose reclusion perpetua and affirmed in all other respects.

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