GR L 547; (June, 1949) (Digest)
G.R. No. L-547; June 28, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE DE CASTRO, defendant-appellant.
FACTS
Appellant Jose de Castro, a former USAFFE soldier, joined the Bureau of Constabulary under the Japanese occupation. On January 13, 1945, he was part of a group of constabulary soldiers accompanying Japanese soldiers who investigated and arrested Anita and Rosario Bacani, suspected of guerrilla connections. The sisters were tied and detained. Later, on or about February 23, 1945, appellant took Rosario Bacani from her house to the house of Japanese Sergeant Yoshida. Yoshida made amorous advances and threats, leading Rosario to yield out of fear and subsequently become his mistress. Appellant also lived in Yoshida’s house and gave reports to Yoshida’s interpreter, but the content of these reports was not proven.
ISSUE
Whether the acts committed by appellant constitute the crime of treason.
RULING
No. The Supreme Court acquitted appellant. Membership in the Bureau of Constabulary under the occupation government is not treason, as the institution aimed to preserve law and order essential for civilian life. Appellant’s act of taking Rosario Bacani to Yoshida’s house, while aiding Yoshida’s personal lust, does not constitute treason, following precedent (People vs. Perez). The Court also found no rape, as it was not alleged in the information and Rosario’s submission, though out of fear, involved some contribution on her part, negating the element of force necessary for rape. The judgment of the People’s Court was reversed.
AI Generated by Armztrong.