People V Abad The People of The Philippines Francisco M. Abad (Alias Paquito)

People v Abad
THE PEOPLE OF THE PHILIPPINES

vs.
FRANCISCO M. ABAD (alias PAQUITO)
G.R. No. L-430
July 30, 1947
The information charges appellant of the crime of treason as defined and penalized under article 114 of the
Revised Penal Code by giving aid and comfort to the Empire of Japan and the Japanese Imperial Forces during
the period comprised between December 24, 1943, and September 26, 1944.
FACTS:
1. December 24, 1943: as an informer and spy of the Japanese Army, join participate in a raid conducted by
about fifteen Japanese soldiers of the Military Police at the house of Magno Ibarra, apprehended the said Magno
Ibarra, charging him of possession of a revolver which had been previously surrendered by Magno Ibarra to the
Japanese that Magno Ibarra still had the revolver.
2. March 11, 1944, caused the arrest and incarceration for more than two months, of one Mr. Francisco, for
having remarked that the Americans would soon return many places in the Philippines had already been
retaken.
3. September 28, 1944: forced, coerced, and compelled Osias Salvador and his two brothers to go to the
Japanese garrison where in accused’s presence, were tortured as guerrilla suspects, and although Epifanio and
Liberto Salvador managed later to escape from imprisonment, the said Osias Salvador was unable to do so and
died.
4. November 12, 1944: handed over one Francisco Donato to the Japanese soldiers who slapped and kicked the
said Donato, for an incident in which the accused was entirely to blame in that the said accused annoyed Flora
Esteban, wife of Francisco Donato, by throwing sugar cane butts at her.
The lower court found the accused guilty on the first three counts.
ISSUES:
First Case:
1. Whether or not the accused is guilty of the first count. Defense maintains that only one witness testified to the
overt act alleged therein.
Second Case:
2.
RULING:
FIRST CASE:
1. Whether or not the accused is guilty of the first count. Defense maintains that only one witness testified to the
overt act alleged therein.
Not guilty.
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The testimony of Magno Ibarra as to what happened to him in the garrison, where he was told by appellant to
produce his revolver, is not corroborated by his wife nor by anybody else.c
The theory that where the overt act is simple, continuous and composite, made up of, or proved by several
circumstances, and passing through stages, it is not necessary that there should be two witnesses to each
circumstance at each stage is not well taken.
The two-witness rule must be adhered to as to each and everyone of all the external manifestations of the overt
act in issue. Appellant's going to the Ibarra house, in search of the revolver, is a single overt act, distinct and
independent from appellant's overt act in requiring Magno Ibarra, when the latter went to the garrison, to
produce his revolver. Although both overt acts are inter-related. it would be too much to strain the imagination
if they should be identified as a single act or even as different manifestations, phases, or stage of the same overt
act. The searching of the revolver in the Ibarra house is one thing and the requiring to produce the revolver in
the garrison, another. Although both acts may logically be presumed to have answered the same purpose, that of
confiscating Ibarra's revolver, the singleness of purpose is not enough to make one of two acts.
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SECOND CASE:
2. Whether or not the arrest and incarceration of Francisco was caused by accused. Defense maintains that there
could be other spies who heard Francisco’s remarks.
Guilty.
The fact that appellant caused the arrest of Francisco at the auditorium night dance, by pointing him as the man
sought for to the Japanese soldiers who accompanied him and his brother Mariano, in itself alone is sufficient to
find him guilty of adherence to the Japanese enemies and of giving them aid in the attainment of their was
purposes, among them the suppression of American or anti-Japanese propaganda.
THIRD CASE:
3. Whether or not the accused caused the arrest of Salvador brothers. Defense maintains that it was improbable
for Liberato Salvador to have seen the accused making signs to Japs to arrest the Salvador brothers.
Guilty.
It was proved upon the positive and unequivocal testimonies of Liberto and Epifanio pointing the accused as the
one who made the sign. Appellant's insistence to put the blame on Felix Abad, by trying to show that it was he
and not the accused who made the sign, even if accepted, will not relieve appellant of all responsibility,
because, according to the witnesses for the prosecution, he went along with his brothers Mariano and Felix and
Cristoper Magdalera in bringing the Salvador brothers to the Japanese garrison where they were delivered by
the accused himself, and it was Francisco Abad who told the Japanese "that we were guerrillas."
4. In relation to the above, whether or not accused is responsible for the death of Osias Salvador.
Not responsible.
It was the escape of Epifanio, and later the escape of Liberato, which must have enraged the Japanese to the
extent of killing Osias Salvador, who, were not so weak, had the same chance as his brothers to escape. If his
brothers did not escape, there is no ground to presume that Osias would have been killed by the Japanese if we
take into consideration that, after almost two and a half months of confinement, the Japanese allowed Fausto
Francisco to be released. There is absolutely no evidence that appellant was present or had anything to do with
the killing of Osias Salvador.
5. Whether or not the trial court erred in finding accused as informer based on mere assertions of witnesses on
charges not alleged in the information
Yes, the trial court erred. Not guilty.
The pronouncement appears to be based on the testimonies of Publio Dumaual, Rafael Guillermo, and Agustin
de la Cruz, each one of whom testified about facts not alleged in any of the counts of the information, and their
testimonies on said facts appear not to be corroborated by another witness, as required by the two-witness rule.
The fact that accused is described therein as an informer is not enough, because the description is a conclusion
made by the author of the information based on the facts specifically alleged in the four counts. Also, the lower
court erred in finding the facts proven when the testimony of has not been corroborated by any other witness,
thus violating the two-witness rule in treason cases.
7. Whether or not the court erred in not appreciating 2 mitigating circumstances: the fact that the Abad family
was persecuted by guerrillas, the persecution ending in the killing of Lino Abad Pine and Antonio Abad, father
and brother, respectively, of the accused, and, appellant's age.
First circumstance is not appreciated. Appellant’s age however, is appreciated.
The killing of the father and brother of accused is not considered to mitigate appellant's guilt as they are not of a
similar nature or analogous to those mentioned in article 13 of the Revised Penal Code
Appellant's age can be considered. He was born on October 20, 1924, and when he committed the acts alleged
in counts two and three, the latter on September 28, 1944, he was not yet 20 years old. The circumstances of
this case justify crediting appellant with a mitigating circumstance of similar nature to that of number 2 of
article 13 of the Revised Penal Code.
The Court find the accused guilty of the crime of treason as punished by article 114 of the Revised Penal Code
with the attendance of one mitigating circumstance, as provided in number 2 of article 64 of the Revised Penal
Code, with the modification of the lower court's decision, sentencing him to 14 years, 8 months, and 1 day
of reclusion temporal and to pay a fine of P5,000 and the costs.

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People v Abad

THE PEOPLE OF THE PHILIPPINES

Yes, the trial court erred. Not guilty.

First circumstance is not appreciated. Appellant’s age however, is appreciated.

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