People v.

Prieto

G.R. No. L-399 | January 29, 1948

Plaintiff : People of the Philippines

Defendant: Eduardo Prieto (Eddie Valencia)

Ponente: Tuason,J.

FACTS

:-Prieto was prosecuted in the People’s Court for 7 counts of treason. Initially, he pleaded notguilty to every charge.
Later on, he entered a plea of guilty to counts 1, 2, 3 and 7, andmaintained his original plea to counts 4, 5 and 6.

The prosecutor only presented evidence to count 4 as he admitted insufficiency of evidence asto counts 5 and 6. The
court found him guilty to all counts except 5 and 6 of “treasoncomplexed by murder and physical injuries.”

ISSUE: What is the criminal liability of Prieto?

DECISION

(Not guilty of count 4, guilty of treason in counts 1, 2, 3 and 7):-Prieto is acquitted in count 4 as the of two-witness
principle requirement was not satisfied. They failed to corroborate each other:

Juanito Albano testified that the accused and other Filipino undercovers and Japaneseofficers caught an American
aviator and had him carried to town on a sled pulled by acarabao. That on the way, Prieto walked behind the sled and
the American was takento the Kempetai headquarters.

Valentin Cuison testified that he saw the accused following the American whose handswere tied while walking and that
he struck the flier with a rope. There was no mentionof a sled and nor did he see Juanito Albano.-There is no crime of
treason complexed with other felonies because these were not separateoffenses from treason.

When a deed is charged as an element of treason, it becomes identified with it andcannot be subject of a separate
punishment, or used in combination with treason toincrease the penalty.

Murder or physical injuries are charged as overt acts of treason and cannot beregarded separately under their general
denomination.

But the brutality which accompanied the killing and the physical injuries are taken asaggravating circumstances since it
augmented the sufferings of the offended partiesunnecessarily to the attainment of the criminal objectives.

But there is a mitigating circumstance of plea of guilty, hence, the punishment shouldbe reclusion perpetua.-

Other issue:

There is a presumption in favour of legality and regularity of the proceedings and thepresumption that the accused was
not denied of his rights.

The fact that the attorney appointed to defend Prieto is reluctant to accept thedesignation is not sufficient to overcome
the presumption. The present counsel“sincerely believes that the said Attorney Carin did his best, although it was not
thebest of a willing worker.”

80 PHIL 138

People vs. Prieto

HELD/RATIO: The accused was found guilty of treason for counts 1,2,3, and 7; but, he was acquitted for count 4. For
counts 1, 2, 3, and 7, the accused was guilty since he admitted. However, he cannot be held liable for count 4 since the
two-witness rule wasn’t met. The two witnesses testified to two different incidents. In a different light, common crimes
are absorbed in treason.

83 PHIL 314

People vs. Perez

FACTS: Accused Perez was charged with treason and rape. The accused kidnapped several women in order to present
them to a Japanese Commander to satisfy the latter’s carnal pleasure against the will of the women. In some instances,
the accused himself raped several women.

HELD/RATIO: The accused was acquitted in relation to the crime of treason; but, he was found guilty in relation to the
crime of rape. The acts of the accused in relation with the Japanese didn’t directly and materially tend to improve the
war efforts or to weaken the power of the United States. Moreover, intent of disloyalty – which is essential in the crime
of treason – is lacking. Nevertheless, the accused can be held liable for the several counts of rape he committed.

Facts

: Seven counts of treason were filed against SusanoPerez aka Kid Perez, the accused, for recruiting,apprehending, and
commandeering women (EribertaRamo, Eduarda Daohog, Eutiquia Lamay, and FlavianaBonalos) against their will to
satisfy the immoral purposeand sexual desire of Colonel Mini, andotherJapanese of Officers.Only counts 1,2,4,5,6 were
substantiated. In the 4th and5th counts, the accused personally assaulted andabused two of the offended girls.Susano
Perez was convicted of treason and sentenced to

death by electrocution by the People’s Court.

Issue

: Whether or not the acts of the accused constitute acrime of treason

Held

: NO. There is a dilemma in trying to draw a linebetween treasonable and untreasonable assistance, sincethe scope of
adherence to the enemy is comprehensive,and its requirement indeterminate, but as a general ruleacts providing aid
and comfort to the enemies areconsidered treasonable when the aid and comfort

Peoples vs. Perez, 83 Phil 314 (1949) Digest

Treason

Peoples vs. Perez, 83 Phil 314 (1949)

Facts:

Susano Perez was convicted of 5 counts of Treason and sentenced to death by electrocution. The accused,
recruited, apprehended and commandeered numerous girls and women against their will for the purpose of using them,
to satisfy the immoral purpose and sexual desire of Colonel Mini (Officer of Japanese Force in the Philippines).
Issue:

Whether or not Susano Perez is guilty of the felony of treason

Held:

No.

Ratio:

"Commandeering" of women to satisfy the lust of Japanese officers or men or to enliven the entertainments held
in their honor was not treason even though the women and the entertainments helped to make life more pleasant for
the enemies and boost their spirit; he was not guilty any more than the women themselves would have been if they
voluntarily and willingly had surrendered their bodies or organized the entertainments.

PEOPLE V. PEREZ

FACTS:

-Susano Perez alias Kid Perez was convicted of treason and was sentenced to death by electrocution.

-TC found the accused, together with the other Filipinos, recruited, apprehended and commandeered numerous girls
and women against their will for the purpose of using them, to satisfy the sexual desire of the Japanese officers.

-The Solicitor General submitted an opposite view stating that the deeds committed by the accused do not constitute
treason. It further discussed that if furnishing women for immoral purposes to the enemies was treason because
women’s company kept up their morale, so fraternizing them, entertaining them at parties, selling them food and
drinks, and kindred acts, would be treason . Any act of hospitality produces the same result.

ISSUE: Whether the acts of the accused constituted the crime of treason.

HELD: NO. The law of treason does not prescribe all kinds of social, business and political intercourse between the
belligerent occupants of the invaded country and its inhabitants. What aid and comfort constitute treason must depend
upon their nature degree and purpose.

As a general rule, to be treasonous, the extent of the aid and comfort given to the enemies must be to render assistance
to them as enemies and not merely as individuals and in addition, be directly in furtherance of the enemies’ hostile
designs.

His “commandeering” of women to satisfy the lust of Japanese officers or men or to enliven the entertainment helped
to make life more pleasant for the enemies and boost their spirit.

Sexual and social relations with the Japanese did not directly and materially tend to improve their war efforts or to
weaken the power of US. Whatever favorable effect the defendant’s collaboration with the Japanese might have in their
prosecution of the war was trivial, imperceptible, and unintentional. Intent of disloyalty is a vital ingredient in the crime
of treason, which, in the absence of admission, may be gathered from the nature and circumstance of each particular
case.
But the accused may be punished for the rape as principal by direct participation. Without his coordination in the
manner above stated, these rapes could not have been committed.

PEOPLE V. PRIETO

FACTS:

-The appellant was prosecuted for treason.

-Two witnesses gave evidence but their statements do not coincide in any single detail. The first witness testified that
the accused with other Filipino undercovers and Japanese soldiers caught an American aviator and had the witness carry
the American to town on a sled pulled by a carabao. That on the way, the accused walked behind the sled and asked the
prisoner if the sled was faster than the airplane; that the American was taken to the Kempetai headquarters, after which
he did not know what happened to the flier.

-The next witness, testified that he saw the accused following an American and the accused were Japanese and other
Filipinos.

-The lower court believes that the accused is “guilty beyond reasonable doubt of the crime of treason complexed by
murder and physical injuries”, with “the aggravating circumstances mentioned above”. Apparently, the court has
regarded the murders and physical injuries charged in the information, not only as crimes distinct from treason but also
as modifying circumstances. The Solicitor General agrees with the decision except as to the technical designation of the
crime. In his opinion, the offense committed by the appellant is a “complex crime of treason with homicide”.

-Accused being a member of the Japanese Military Police and acting as undercover man for the Japanese forces with the
purpose of giving and with the intent to give aid and comfort feloniously and treasonably lad, guide and accompany a
patrol of Japanese soldiers and Filipino undercovers for the purpose of apprehending guerillas and locating their
hideouts.

ISSUES;

1. Whether the “two-witness” rule was sufficiently complied.

2. Whether the TC erred in ruling that the murders and physical injuries were crimes distinct from treason.

HELD:
1. NO, it was not sufficiently complied. The witnesses evidently referred to two different occasions. The two
witnesses failed to corroborate each other not only on the whole overt act but on any part of it.

2. The execution of some of the guerilla suspects mentioned and the infliction of physical injuries on others are not
offenses separate from treason. There must concur both adherence to the enemy and giving him aid and comfort. One
without the other does not make treason.

In the nature of things, the giving aid and comfort can only be accomplished by some kind of action. Its very nature
partakes of a deed or physical activity as opposed to a mental operation. This deed or physical activity may be, and often
is, in itself a criminal offense under another penal statute or provision. Even so, when the deed is charged as an element
of treason it becomes identified with the latter crime and cannot be the subject of a separate punishment.

However, the brutality with the killing or physical injuries were carried out may be taken as an aggravating
circumstances. Thus, the use of torture and other atrocities on the victims instead of the usual and less painful method
of execution will be taken into account to increase the penalty.