GR L 300; (January, 1949) (Digest)
G.R. No. L-300; January 28, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FILOMENO CASTRO (alias FELOMINO CASTRO), defendant-appellant.
FACTS
Filomeno Castro, a Filipino citizen, was convicted of treason by the People’s Court and sentenced to life imprisonment and a fine. The conviction was based on acts committed during the Japanese occupation. The prosecution proved several overt acts: (1) Castro, a member of the Ganap Party, patrolled with Japanese soldiers, wore their uniform, resided in their garrisons, and pointed out guerrilla suspects, including slapping a suspect’s sister. (2) He led a Japanese patrol in a raid on a guerrilla camp, resulting in a guerrilla being wounded. (3) He identified a guerrilla to Japanese soldiers, joined in the pursuit, and fired shots at the fleeing individual. (4) He participated in the arrest of guerrilla suspects who were later tortured, with one disappearing. The defense raised an alibi and challenged the admissibility of a written confession, arguing it was obtained through torture by guerrillas after liberation.
ISSUE
Whether the evidence is sufficient to convict Castro of treason beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The prosecution established the required overt acts of treason through the testimony of two witnesses for each act, complying with the two-witness rule. The acts—including patrolling with the enemy, leading raids, identifying guerrillas, and participating in arrests—constituted adherence to the enemy and giving them aid and comfort. The Court rejected the defense of alibi and found the positive identification by credible witnesses conclusive. It also held that the written confession, even if questionable, was merely corroborative and not essential for conviction. Furthermore, the Court rejected the argument that Philippine sovereignty was suspended during the occupation, citing Laurel vs. Misa. Justice Perfecto, in a separate opinion, concurred with the guilt but argued for a reduced penalty due to Castro’s lack of formal instruction as a mitigating circumstance. The majority penalty of life imprisonment was upheld.
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