G.R. No. L-3395; August 11, 1950
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. FEDERICO MERCADO, accused-appellant.

FACTS

The accused, Federico Mercado, was charged with four counts of treason. After trial, he was convicted on Counts I, II, and IV. The proven acts occurred during the Japanese occupation. In Count I (August 19, 1943), Mercado, along with Japanese soldiers and Filipinos, “zonified” and detained residents at the UP Forestry School in Los Baños, Laguna, including Margarita Badian de Seguerra and her father Vicente Badian, advising detainees to confess as guerrillas. In Count II (March 1, 1944), Mercado, with a Japanese captain and soldiers, arrested Justino Seguerra, who subsequently disappeared. In Count IV (January 24, 1945), Mercado, as a leader of the makapilis, ordered the arrest of guerrilla Fernando Lauas, who was later found dead. The defense presented alibi witnesses and claimed the prosecution witnesses testified due to political enmity.

ISSUE

Whether the accused is guilty of treason under Article 114 of the Revised Penal Code.

RULING

Yes. The Supreme Court affirmed the conviction. The acts of the accused—active participation in the “zonification,” arrest of guerrillas, and collaboration with Japanese forces—constitute open adherence to the enemy and conspicuous cooperation in the persecution of guerrillas, which is treason under Article 114. The trial court’s assessment of witness credibility was upheld, as the defense of alibi and claims of political enmity were insufficient to overcome the positive testimonies of multiple prosecution witnesses. The penalty of reclusion perpetua and a fine of P10,000 was affirmed.

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