G.R. No. L-855; April 28, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TROADIO BUTAWAN, defendant-appellant.

FACTS

The appellant, Troadio Butawan, was convicted of treason by the People’s Court and sentenced to death. The information contained eight counts, but the prosecution only presented evidence for three: (1) serving as a detachment commander of the Bureau of Constabulary under the Japanese forces; (5) shooting and killing guerrilla member Zoilo Calimutan; and (6) apprehending and maltreating guerrilla members Gabriel Lumba, Maximo Buyo, and Apolinario Igpit. Butawan admitted serving as a detachment commander but claimed his duty was merely to pacify civilians. For the killing and maltreatment, he alleged that Japanese soldiers were responsible, not him.

ISSUE

Whether the appellant is guilty of treason based on the proven overt acts.

RULING

Yes, the appellant is guilty of treason. Mere membership in the Bureau of Constabulary during the occupation does not, by itself, constitute treason. However, the overt acts of killing and maltreating proven guerrilla members, established by the testimony of two or more credible witnesses, demonstrate adherence to the enemy. These acts were committed in the company of Japanese soldiers and constabulary patrols against guerrillas, from which adherence is inferred. The appellant’s Filipino citizenship was duly admitted by him and his counsel. The crimes of murder and illegal detention are not complexed with treason but are absorbed as the overt acts thereof. The penalty is modified to reclusion perpetua in its medium degree, as no aggravating or mitigating circumstances were present. The appealed judgment is affirmed with modification.

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