G.R. No. L-5194 November 20, 1952
THE PEOPLE OF THE PHILIPPINES, plaintiffs-appellee, vs. JOSE ORTEGA, defendant-appellant.

FACTS

The defendant-appellant, Jose Ortega, was charged with treason on four counts before the People’s Court. After its abolition, the case was transferred to the Court of First Instance of Bulacan. He was found guilty under counts 2 and 3 and sentenced to 14 years, 8 months, and 1 day of reclusion temporal, a fine of P10,000, and costs. The Court of Appeals, after reviewing the case, certified it to the Supreme Court, believing the proper penalty should be reclusion perpetua. Count 2 alleged that on December 22, 1944, in San Ildefonso, Bulacan, Ortega willfully joined, accompanied, and led a Japanese patrol that captured guerrilla Santiago Samaniego, who was taken to a Japanese garrison, beaten, and tortured. Count 3 alleged that on December 28, 1944, in the same municipality, Ortega similarly joined, accompanied, and led a Japanese patrol that captured guerrilla Jesus Samaniego, who was also taken to a garrison, beaten, and tortured. The prosecution presented the testimonies of Santiago Samaniego, corroborated by Bernardo Sanchez, and Jesus Samaniego, corroborated by his brother Pacifico Samaniego. Additional witnesses testified that Ortega was a Makapili and a member of the United Nippon (YOIN), seen in Japanese uniform, armed, and accompanying Japanese patrols to apprehend guerrillas. Ortega signed an affidavit before the U.S. Army Counter Intelligence Corps (Exhibit C) admitting he joined the United Nippon to guide Japanese troops to capture guerrillas, specifically naming the Samaniego brothers, and acknowledged his acts were wrong. At trial, Ortega claimed he was a guerrilla captured by the Japanese and forced to serve as an errand boy, and that his affidavit was obtained by trickery from the Samaniego brothers promising backpay. The trial court rejected the defense’s testimony, finding the prosecution witnesses credible and noting the improbability that a mere prisoner would be allowed to wear a Japanese uniform, carry a gun, and actively participate in patrols.

ISSUE

Whether the guilt of Jose Ortega for the crime of treason under counts 2 and 3 has been proven beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the trial court’s decision, finding Ortega guilty of treason under counts 2 and 3. The Court upheld the trial court’s assessment of witness credibility, giving full weight to the prosecution witnesses who had no proven motive to falsely testify, and rejecting the defense’s improbable claim that Ortega was a coerced prisoner given his active role in arrests while armed and in uniform. The affidavit (Exhibit C) was voluntarily executed and corroborated the testimonies. The Court applied the rule that in treason cases, penalties are based on the gravity of the acts rather than strict application of aggravating or mitigating circumstances. Since Ortega’s participation involved accompanying patrols and aiding in arrests but not directly in killing or torture, the minimum penalty of reclusion temporal was deemed appropriate. The sentence of 14 years, 8 months, and 1 day of reclusion temporal, a P10,000 fine, and costs was affirmed.