People v. Capistrano
REITERATIONFacts
The Antecedents: Bienvenido Capistrano was charged with treason on four counts. The evidence established that he was a Filipino citizen who served as a guard for the Japanese army, wearing a Japanese military uniform and participating in drills. In one instance, he led a raid with other Filipino members of the Yoin and Japanese soldiers on the house of Carmen Verdera, tying up the inmates, seizing money, and detaining them. During their detention, Capistrano allegedly attempted to sexually abuse the female inmates. The victims were released after paying a ransom. The accused was between nine and fifteen years old at the time of the commission of the crime but was found by the trial court to have acted with discernment and appeared to be the leader of the raiding party. Procedural History: The Court of First Instance of Quezon province found Bienvenido Capistrano guilty of treason on four counts and sentenced him to life imprisonment, a fine of P10,000, and costs. The Petition: The attorney de oficio for the appellant found no substantial error in the trial court's judgment and prayed for its affirmance.
Issue(s)
Whether the accused, Bienvenido Capistrano, is guilty of the crime of treason. Whether the minority of the accused, coupled with discernment, affects the penalty to be imposed.
Ruling
The Supreme Court modified the penalty imposed upon the accused. He was sentenced to four (4) years of prision correccional, to pay a fine of P10,000, and to indemnify Alejo Enriquez Wong in the sum of P6,000, with subsidiary imprisonment in case of insolvency in the payment of the fine and the indemnity, with costs.
Ratio Decidendi
On the guilt of Bienvenido Capistrano for treason: The evidence established that the accused, Bienvenido Capistrano, was a Filipino citizen who actively served the Japanese army. He was identified as a "Yoin," an armed soldier of the Japanese, wearing a Japanese military uniform and guarding a Japanese garrison. His participation in military drills further supported his role within the Japanese military structure. Furthermore, his leadership in a raid on the house of Carmen Verdera, involving the unlawful detention and robbery of its inmates, demonstrated his adherence to and aid given to the enemy. The testimony of multiple victims corroborated these acts. The court found that despite the lack of a formal written appointment as a "Yoin" or "Makapili," his actions clearly indicated his engagement in activities detrimental to the Philippines in favor of the Japanese forces. On the effect of minority and discernment on the penalty: The accused was between nine and fifteen years old at the time of the commission of the crime. However, the trial court, having observed the accused, found that he acted with discernment. This finding is crucial as it negates the exemption from criminal responsibility that might otherwise apply due to minority. The Court noted that Article 80 of the Revised Penal Code, which deals with the suspension of sentences for minors, could not be applied because the accused was over eighteen years old at the time of the trial. Nevertheless, his minority, even with discernment, was considered a special mitigating circumstance. This special mitigating circumstance warranted lowering the penalty by two degrees, as provided by law, thereby modifying the sentence imposed by the trial court.
Main Doctrine
While minority may be a special mitigating circumstance, it does not exempt from criminal responsibility if the accused acted with discernment. The penalty may be lowered by two degrees.