G.R. No. L-4408 October 30, 1951
The People of the Philippines, plaintiff-appellee, vs. Francisco Castillo, defendant-appellant.

FACTS

The appellant, Francisco Castillo, was prosecuted for treason on five counts. The Court of First Instance of Bulacan acquitted him on Counts 1 and 5 (related to being a Makapili, bearing arms, and doing sentry duty) but found him guilty on Counts 2, 3, and 4. The evidence for the guilty counts established the following: Under Count 2, on December 13, 1944, the appellant and companions seized Fructuoso Lasam as a guerrilla suspect in Norzagaray, Bulacan. Lasam and other prisoners were taken to barrio Bayombon, San Jose, locked in the municipal jail, and maltreated. Lasam escaped on January 4, 1945. Other prisoners fled on December 29, 1944, during which Artemio Nicolas and Mariano Cruz were shot and killed. Under Count 3, on December 29, 1944, the appellant apprehended Primo Cruz and others in Norzagaray. They were marched to San Jose and never seen alive again; Cruz’s body was later exhumed. Also on that date, the appellant picked up Mariano Nicolas at a public meeting in Norzagaray. Nicolas and others, including his brother Jesus, were lined up, bound, and taken to Japanese headquarters. While Mariano Nicolas was later released through his mother’s pleas, the rest, including his brother, disappeared; their remains were later found in a common grave. Under Count 4, on December 13, 1944, the appellant and companions raided the house of guerrilla major Martin de la Merced, confiscating rice and other foodstuffs, and also confiscated property from Pedro de la Merced’s house. The defendant denied involvement, claiming he was a Japanese prisoner since December 10, 1944.

ISSUE

Whether the trial court correctly convicted the appellant of treason based on the evidence presented for Counts 2, 3, and 4.

RULING

Yes, the conviction is affirmed with modification. The Supreme Court found the testimony of the Government witnesses credible and unshaken despite the defendant’s imputations of improper motives. While the two-witness rule prevented a finding that the appellant was a Makapili, it was beyond question that he was in the service of the enemy, helping the Japanese round up and execute guerrillas, as the victims were known or suspected members of the underground organization. The court noted his actions were not those of a person acting under coercion. The trial court’s penalty of 20 years of reclusion temporal and a P10,000 fine was modified. Considering that many deaths resulted from the defendant’s adherence to the enemy, the appropriate penalty was increased to reclusion perpetua besides the fine. The appealed decision was affirmed with costs.