GR L 905; (March, 1949) (Digest)
G.R. No. L-905; March 9, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELADIO PACATANG, defendant-appellant.
FACTS
The defendant-appellant, Eladio Pacatang, was charged with and convicted of the crime of treason by the People’s Court. The prosecution proved through multiple witnesses several overt acts committed by Pacatang in collaboration with Japanese forces during the Japanese occupation of Bohol. These acts included: (1) the arrest, torture, and killing of Lorenzo Baranda in February 1945 after accusing him of being a guerrilla; (2) the arrest, investigation, and delivery to Japanese soldiers of Teofilo Dangoy, Felipe Dangoy, and Dodo Erano in April 1944, leading to their deaths; (3) the torture of Generoso Tagud and Saturnino Cagadas in July 1944 to extract information about a guerrilla radio transmitter; (4) the arrest and punishment of Irenea Adoptar, Emiliana Adoptar, and Celerino Miculob for failing to reveal guerrilla whereabouts; and (5) the arrest and torture of Raymundo Cervas in January 1945, after which he disappeared. Pacatang denied the charges, but his testimony was rejected by the trial court.
ISSUE
Whether the penalty of death imposed by the People’s Court should be affirmed or modified to reclusion perpetua.
RULING
The Supreme Court modified the penalty. While the trial court considered unnecessary cruelty and superior force as aggravating circumstances warranting the death penalty, the Court, upon review, found insufficient votes to affirm capital punishment. Consequently, the appealed judgment was modified. Appellant Eladio Pacatang is sentenced to suffer reclusion perpetua, to pay a fine of P20,000, and to indemnify the heirs of Lorenzo Baranda, Teofilo Dangoy, Felipe Dangoy, and Dodo Erano in the amount of P6,000 for each deceased, plus costs.
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