GR L 820; (April, 1950) (Digest)
G.R. No. L-820; April 11, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AURELIO ALVERO (alias RELI), defendant-appellant.
FACTS
Aurelio Alvero was charged with treason on 22 counts before the People’s Court. After trial, he was found guilty on all counts except counts 10 and 18, and sentenced to reclusion perpetua, a fine of P10,000, and costs. The charges were grouped into economic, political, and military collaboration with the Japanese during the occupation. Key acts included operating ASA TRADING, which sold war materials like automobile parts primarily to the Japanese; organizing the New Leader’s Association; and being a leading member and organizer of the MAKAPILI, a military organization that actively aided the Japanese forces. Alvero appealed, assigning numerous errors and later invoking Amnesty Proclamation No. 51.
ISSUE
Whether the trial court erred in convicting Alvero of treason based on the evidence presented.
RULING
The Supreme Court affirmed the conviction with modification. The Court held that Alvero’s acts, particularly his active and leading role in the MAKAPILI—a military organization designed to fight alongside the Japanese—constituted overt acts of treason, giving aid and comfort to the enemy. Mere adherence or disloyalty is not punishable, but when translated into overt acts like joining and helping organize such a military body, it becomes treason. The economic and political collaboration counts were deemed covered by the amnesty proclamation and were dismissed. The prison sentence of reclusion perpetua was affirmed, but the fine was increased from P10,000 to P20,000.
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