G.R. No. L-2321; January 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARSENIA NUÑEZ, defendant-appellant.

FACTS

Arsenia Nuñez, a Filipino citizen, was convicted of treason by the People’s Court and sentenced to reclusion perpetua, a fine, and costs. The information alleged that in July 1944, in General Trias, Cavite, she adhered to the Japanese forces by acting as a “finger-woman” during a “zona” (round-up). She pointed out several men as guerrillas (including Carlos Guarin and Ceferino Portuguez, who were taken and never seen again) and women as guerrilla connections (including Balbina Rosa, who was imprisoned). The prosecution presented four witnesses (Teodora Guarin, Marcelina Reyes, Perpetua Cadava, and Florencia Luneta) who testified that Nuñez, then the mistress of a Japanese spy, accompanied Japanese soldiers, wore a Japanese uniform, pointed out individuals, and was present at the Kempei-tai headquarters. Nuñez appealed, contesting the sufficiency of evidence.

ISSUE

Whether the evidence sufficiently proves the appellant’s guilt for the crime of treason.

RULING

Yes, but the penalty is modified due to a mitigating circumstance. The Supreme Court found the testimonies of the four prosecution witnesses credible and sufficient to establish the overt acts of treason. However, the Court considered the privileged mitigating circumstance of minority. Evidence indicated Nuñez was over 15 but under 18 years old at the time of the commission of the crime in July 1944. Applying Article 68(2) of the Revised Penal Code, the penalty next lower in degree than that for treason (reclusion temporal to death) was imposed. The penalty next lower is prision mayor. Since the Indeterminate Sentence Law does not apply to treason, she was sentenced to 10 years of prision mayor. The appealed judgment was affirmed with this modification.

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