G.R. No. L-5361; February 24, 1953
The People of the Philippines, plaintiff-appellee, vs. Leonidas Rasay, defendant-appellant.

FACTS

The defendant-appellant, Leonidas Rasay, a Filipino, was convicted of treason under three counts by the Court of First Instance of Davao. On the first count, evidence showed that in October 1943, a Japanese patrol, accompanied by appellant and two other Filipinos (Caramol and Dacudoy), all armed, went to barrio Malatibas, Tagum, Davao, to apprehend guerillas. The patrol, guided by appellant and his companions, went to the house of Justo Geraldo, who was beaten by Japanese soldiers until he fell and died three days later. The Japanese ransacked the house, taking cash and jewelry. Appellant and his companions acted as armed guards during the incident. Two witnesses testified that appellant guided the Japanese to the location, which they did not know before. On the second count, evidence showed that in November 1943, twelve Japanese soldiers, again accompanied by appellant (armed with a rifle and pistol), went to Tagpuri, Tagum, Davao, to look for a guerilla officer. Appellant tied the hands of Florencio Briones, and Briones, along with his family and others, were taken to the Japanese stockade at Tagum. Florencio Briones was later released, but his brother Filomeno Briones and others did not return. No evidence was introduced to support the fourth count, which alleged appellant acted as a policeman for the Japanese Navy Troops at Tagum. The defendant-appellant did not deny the acts imputed to him or introduce any witness on his behalf.

ISSUE

The main issues revolve around the sufficiency of evidence for the treason charges: (1) whether there was sufficient evidence to support the charge in count No. 1 that appellant led and guided a Japanese patrol; (2) whether the failure to prove all specific acts charged in count No. 2 precludes conviction under that count; (3) whether the amendment of the information almost three years after filing prejudiced the appellant; and (4) whether there was sufficient evidence to support the charge in count No. 4.

RULING

The Supreme Court affirmed the judgment of conviction. On the first count, the Court found sufficient evidence, as witnesses testified appellant guided the patrol to a location unknown to the Japanese. On the second count, the Court held that count No. 2 charged four specific acts, each constituting a complete act of treason independently; thus, proof of any one act (such as appellant tying Florencio Briones’s hands) is sufficient for conviction under that count, even if not all charged acts were proven. The Court dismissed the argument regarding the amendment of the information, noting it was authorized by rules and caused no prejudice. The Court found the assignment of error on count No. 4 well-taken, as no evidence was submitted that appellant was a member of the Japanese police force, but this error was without prejudice due to the evidence proving guilt under the other counts. The judgment was affirmed, with costs against appellant.