GR L 3775; (July, 1951) (Digest)
G.R. No. L-3775 July 31, 1951
The People of the Philippines, plaintiff-appellee, vs. Hospicio Labata, defendant-appellant.
FACTS
Hospicio Labata, a Filipino citizen, was appointed Mayor of Sogod, Leyte, by guerrillas at the war’s outbreak. During his incumbency, he cooperated with Japanese patrols and was influential enough to secure the release of many from Japanese torture, including a brother of Col. Ruperto Kangleon, for which he received a Japanese diploma. After the American return, he was arrested as a collaborator and indicted for treason on 16 counts. The trial court found him guilty on counts 1, 2, 7, and 12, sentencing him to life imprisonment, a fine, and costs. He appealed. The Solicitor General, representing the plaintiff-appellee, dissented from the trial court’s finding on counts 7 and 12 for lack of proof under the two-witness rule.
ISSUE
Whether the defendant-appellant, Hospicio Labata, is guilty of treason based on the evidence presented for counts 1 and 2, after counts 7 and 12 were deemed unproven.
RULING
The Supreme Court reversed the trial court’s judgment and acquitted the appellant. Regarding count 1, which charged Labata with leading a Japanese patrol to a guerrilla sympathizer’s house resulting in arrests and executions, the Court found he was convicted of an offense not specifically charged (ordering arrests vs. leading/guiding patrols). The evidence did not prove he ordered the arrested persons turned over to the Japanese garrison. Regarding count 2, which charged him with participating in a public execution by requiring attendance and delivering a warning speech, the Court found the specific acts, except the speech, were not proven by two witnesses. The speech, made under compulsion as a puppet official to retain enemy confidence, was insufficient alone to convict for treason. The Solicitor General’s dissent on counts 7 and 12 was agreed upon, leaving no sufficient evidence for conviction on the remaining counts.
