G.R. No. L-4260; January 21, 1952
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MACARIO BAUTRO, defendant-appellant.

FACTS

Macario Bautro was charged with treason before the People’s Court but was tried by the Court of First Instance of Batangas. All counts were dismissed except Count No. 6. This count alleged that on or about February 11, 1945, in Barrio Maraoy, Lipa, Batangas, the accused, with intent to give aid and comfort to the enemy, led and accompanied armed Japanese soldiers and Makapilis in a raid. He participated in the apprehension and arrest of several men and women, who were then brought to the Citrus Office and later killed. The trial court, considering his lack of instruction, sentenced him to twelve years and one day of reclusion temporal, a P5,000 fine, and costs. The defendant appealed. It was admitted that Bautro was a Filipino citizen. During the Japanese occupation, he was often seen in a Japanese military uniform with a marked armband and told a witness he was a Makapili. Prosecution witnesses Carlito de Acosta, Marcelina Tesico, and Lutgarda Tolentino testified that on the morning of February 11, 1945, Bautro was part of a group that arrested about two hundred men and women in barrio Maraoy. The victims’ hands were tied, and they were led to the Citrus Station where they were killed and thrown into an excavation. The parents of Tesico and Tolentino were among the victims. Bautro personally took part in the massacre by killing some of the arrested persons. Tesico and Tolentino were spared but taken to Suloc to serve a Japanese sympathizer, where they again saw Bautro in uniform, armed, and training Makapili soldiers. The defense argued the witnesses might be mistaken or their testimony unbelievable, citing alleged contradictions, such as whether the massacre occurred inside or in front of the Citrus Station building. The defense witnesses referred to events occurring at a time considerably before the incident in question.

ISSUE

Whether the trial court erred in convicting Macario Bautro of treason based on the evidence presented.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The testimony of the prosecution witnesses was deemed credible and sufficient to establish guilt beyond reasonable doubt. The Court found no improper motive for the witnesses to testify falsely, and the incident occurred in broad daylight, minimizing the chance of mistaken identity. Alleged minor contradictions in the witnesses’ accounts (e.g., the exact location of the killings) were considered natural under the circumstances and even strengthened the sincerity of their testimony by excluding connivance. The defense witnesses’ testimony was irrelevant as it pertained to events prior to the crime. The mitigating circumstance of lack of education considered by the trial court was offset by the gravity of the offense—Bautro’s active participation in the massacre of numerous victims, including personally killing some. Consequently, the penalty was raised to reclusion perpetua. The judgment, as modified, was affirmed, with costs against the appellant.