G.R. No. L-2537; January 10, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO MARTIN (alias VASQUES), defendant-appellant.

FACTS

Fernando Martin alias Vasques, a native-born Filipino citizen, was accused of treason on four counts. Count 4 was dismissed during trial. The prosecution established the following: Count 1: During the Japanese occupation, the appellant joined the Yoin society and later became an officer of the Makapili, organizations aiding Japanese forces against Fil-American troops and guerrillas. He received military training, was armed, wore a Japanese uniform, trained Makapili members, and acted as an informer, as testified by Josefinita Jusay de Villanueva and her sister Bella. Count 2: On January 25, 1945, the appellant, with Filipino and Japanese companions, entered Felisa Latisa’s store in Lipa, Batangas, looking for Primitivo Lazat and Baldomero Soriano. They found and arrested Lazat. Upon finding Soriano, the appellant questioned him about being a guerrilla lieutenant and, upon Soriano’s denial, struck him with a stick and then shot him dead. Lazat was taken away and never heard from again. Earlier that day, the group entered Pablo Magsino’s house, fired at people gathered there, killing Crisanto and Mariano Reyes, and tied others who were later released after intercession. Count 3: On February 9, 1945, the appellant, with Japanese soldiers, arrested Josefinita Jusay de Villanueva, her sister Bella, and their family while traveling in Sto. Tomas, Batangas, on suspicion that the father was a guerrilla. The father was tied, and all were taken by truck to barrio Sulok. The parents were detained in Japanese barracks, where the daughters later saw them with swollen faces and torn clothes, and heard their mother scream before the parents disappeared. The defendant denied participation, claiming he was arrested by the Japanese in Lucena on December 25, 1944, taken to Lipa for investigation, then to Mataas na Kahoy and Alaminos for work until February 15, and back to Sulok until March 17, where he met Josefinita Jusay. The trial court found him guilty on three counts and sentenced him to death.

ISSUE

Whether the trial court erred in finding the appellant guilty of treason based on the evidence presented.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The appellant’s uncorroborated alibi defense, displaying “too good a memory for dates,” could not prevail over the positive, direct, and straightforward testimony of prosecution witnesses, including victims, who had no motive to testify falsely. However, as eight Justices failed to reach a decision on the death penalty as required by section 9 of the Judiciary Act of 1948 (Republic Act No. 296), the penalty was reduced to reclusion perpetua with its accessory penalties, plus a fine of P10,000 without subsidiary imprisonment in case of insolvency. The judgment was modified accordingly.