G.R. No. L-885; October 30, 1947.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JULIO GARCIA, defendant-appellant.

FACTS

Appellant Julio Garcia was charged with treason on four counts. Count 1: On November 16, 1944, he participated in the apprehension of Antonio Alumno and Jurado Alumno, suspected guerrillas, and turned them over to the Japanese, who tortured and executed them. Inocencio Alumno testified that around 2 a.m., Higinio Sigue, appellant (carrying a rifle), and others, accompanied by Japanese soldiers, came to his house. He and his son Antonio hid in the ceiling but were found. His hands were tied, but he escaped. His sons Antonio and Jurado were arrested. Sancha Sayao testified appellant, in Japanese uniform with a rifle, was among those who tied up and took her husband Antonio and brother-in-law Jurado. Primitivo Malapitan witnessed appellant and others in Japanese uniform arrest Inocencio (who escaped) and then take Jurado and Antonio, whose hands were tied, into a truck. Count 2: On February 4, 1945, as a Makapili member, he participated in the arrest, investigation, torture, and execution of Augusto Ramirez, a suspected guerrilla. Buenaventura Dichoso testified appellant, with others, tied Ramirez’s hands. Later, Ramirez was bayoneted by others and buried in a hole while appellant held three other tied individuals. Count 3: On the same date, he participated in the arrest of Canuto Velandres and two unknown Filipinos, and in the torture and execution of the latter two. Dichoso testified appellant returned with Arsenio Batitis, Canuto Velandres (tied), and two unknown tied persons. Appellant held them during Ramirez’s execution. Canuto Velandres testified he and two others were arrested by appellant and others in Japanese uniform, taken to Makapili headquarters, and later released after Ramirez was killed. Count 4: In December 1944, he enlisted in the Makapili, a pro-Japanese military organization, and evacuated with the Japanese to Luzon mountains until captured. Ruben Caro, a Makapili secretary, testified appellant was a soldier in the organization, which helped the Japanese against guerrillas, and retreated with them in February 1945. Florencio Malapitan testified he was arrested on November 24, 1944, by Japanese and Filipinos including appellant, saw the Alumno brothers in garrison, and later saw their dead bodies in a hole. The defense offered general denials.

ISSUE

Whether appellant Julio Garcia is guilty of treason under Article 114 of the Revised Penal Code.

RULING

Yes. The court affirmed the lower court’s judgment finding appellant guilty of treason. The evidence conclusively proves appellant participated in arrests to give aid and comfort to the Japanese enemy. He was part of groups, often in Japanese uniform and armed, that arrested suspected guerrillas (the Alumno brothers, Augusto Ramirez, Canuto Velandres, and others), leading to their torture and execution. His membership and activities in the Makapili, a pro-Japanese organization, and his retreat with Japanese forces further demonstrate adherence to the enemy. The defense’s general denials were insufficient to counter the specific, abundant testimonial evidence. No modifying circumstances were established. The penalty of reclusion perpetua, a P10,000 fine, and accessories were affirmed.