GR L 2318; (March, 1950) (Digest)
G.R. No. L-2318; March 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TEOFILO PAAR (alias TEOFILO PAJAR, alias BEN PAJAR), defendant-appellant.
FACTS
Teofilo Paar, a Filipino, was charged with treason before the People’s Court. The prosecution presented evidence on four counts, alleging he worked as an undercover agent for the Japanese Kempei Tai (Military Police) in Baguio between October 1944 and February 1945. He was seen in Kempei Tai uniform, armed, and participating in arrests. Specifically, the evidence showed he arrested Melquiades Valdez and Dr. Irineo Solano, delivering them to the Kempei Tai where they were investigated and tortured. Another count involved the arrest of Patricia Guerrero, but the evidence for this count failed to meet the two-witness rule. Paar claimed he joined the Kempei Tai on orders of a guerrilla major to aid the resistance, but the court found this claim unsupported and negated by his active participation in enemy activities.
ISSUE
Whether Teofilo Paar is guilty of treason under Article 114 of the Revised Penal Code.
RULING
Yes, the Supreme Court affirmed the conviction for treason but modified the penalty. The Court found that Paar’s voluntary service with the Kempei Tai, an organization aimed at suppressing the resistance, constituted adherence to the enemy. His direct participation in the arrests of Valdez and Solano, established by the required two witnesses per overt act, constituted treasonable overt acts giving aid and comfort to the enemy. The Court rejected his defense of being a guerrilla plant as incredible. However, since his acts did not result in death, the penalty was reduced. The Court modified the People’s Court’s sentence of reclusion perpetua to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, with accessories.
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