People v. Dizon

G.R. No. L-923 · 1949-06-24 · J. PERFECTO, J.: · Primary: Criminal; Secondary: Constitutional
REITERATION

Facts

The Antecedents: The accused, Jose Dizon, a Filipino citizen, was charged with treason for allegedly acting as an informer or agent of the Imperial Japanese Forces. The information detailed several instances where the accused, with the aid of armed men and affording him impunity, led, accompanied, and participated in the apprehension and arrest of individuals suspected of being guerrilla members. These individuals were subsequently turned over to the enemy, who allegedly brutally maltreated, tortured, and executed them. Specific instances cited include the arrest of Roman Malapitan, Maximo Avendano, Isidro de los Angeles, Maj. Leopoldo S. Santos, Roque Lazaga, Antonio Alumno and Jurado Alumno, and Lucio Aguilar. The information also alleged that the accused voluntarily enlisted and served as a member of the Makapili, an organization created for collaboration with the Imperial Japanese Forces, and evacuated with the enemy during their retreat. Procedural History: The trial court found the appellant guilty on all counts except for counts two and eight. He was sentenced to reclusion perpetua, a fine of P10,000, and costs. The Petition: The appellant appealed the decision of the trial court.

Issue(s)

Whether the appellant is guilty of treason based on the evidence presented. Whether the evidence presented is sufficient to prove guilt beyond reasonable doubt for each count of the information.

Ruling

The Supreme Court affirmed the decision of the trial court, finding the appellant guilty of treason. The sentence of reclusion perpetua, a fine of P10,000, and costs were upheld. The Court found the appellant guilty on counts one, three, four, six, and seven, but acquitted him on counts two and eight as per the trial court's findings. The Court also noted that the appellant was entitled to the benefit of the doubt on count five due to contradictions in witness testimonies.

Ratio Decidendi

On the guilt of the appellant for treason: The Court found that the evidence proved beyond doubt that the appellant, a Filipino citizen, committed treason. The acts described in the information, such as acting as an informer or agent of the Imperial Japanese Forces, participating in the apprehension and arrest of individuals suspected of being guerrilla members, and turning them over to the enemy who then maltreated, tortured, and executed them, constitute overt acts of giving aid and comfort to the enemy. The Court specifically noted the testimony of Maxima Dedicatorio and Concha Pascual regarding the arrest of Roman Malapitan, and the testimonies of Gorgonio Cantos, Pantaleon Lara, and Amanda Lazaga concerning the arrest of Isidro de los Angeles. The participation of the appellant in the arrest of Major Leopoldo S. Santos was also not denied by the appellant. The Court also considered the testimonies of Rosa Alinsod and Federico Aguilar regarding the arrest of Lucio Aguilar, which involved the accused being armed and accompanied by individuals in Japanese uniforms. On the sufficiency of evidence for each count: The Court applied the rule that treason requires the testimony of at least two witnesses to the same overt act. For count one, the arrest of Roman Malapitan, the testimonies of Maxima Dedicatorio and Concha Pascual were deemed sufficient. For count three, the arrest of Isidro de los Angeles, the testimonies of Gorgonio Cantos, Pantaleon Lara, and Amanda Lazaga were considered. For count four, the arrest of Major Leopoldo S. Santos, the appellant's failure to deny this charge was taken against him. For count seven, the arrest of Lucio Aguilar, the testimonies of Rosa Alinsod and Federico Aguilar were sufficient. However, for count five, concerning the arrest of Roque Lazaga, the Court found contradictions between the testimonies of Julia Alinsod and Teofila Lazaga, thus entitling the appellant to the benefit of the doubt. Similarly, for count six, involving the arrest of Antonio and Jurado Alumno, only one witness, Sancha Sayao, testified, which was insufficient to establish guilt beyond reasonable doubt for that specific overt act. The Court also upheld the trial court's acquittal on count eight, which pertained to the appellant's alleged membership in the Makapili and evacuation with the enemy, likely due to insufficient proof of the overt acts required for treason.

Main Doctrine

A Filipino citizen who acts as an informer or agent of the Imperial Japanese Forces, participates in the apprehension and arrest of individuals suspected of being guerrilla members, and turns them over to the enemy who subsequently maltreats, tortures, and executes them, is guilty of treason. Enlisting and serving as a member of the Makapili, an instrumentality of military nature created for collaboration with the enemy, further solidifies guilt for treason.

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