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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-1949 Jurisprudence                 

  • G.R. No. L-1749 April 2, 1949 - PEOPLE OF THE PHIL. v. LUCAS GEMPES

    083 Phil 267

  • G.R. No. L-1441 April 7, 1949 - PEOPLE OF THE PHIL. v. MIGUEL N. MORENO

    083 Phil 286

  • G.R. No. L-2179 April 12, 1949 - MANILA TRADING petitioner v. MANILA TRADING LABORERS’ ASSN.

    083 Phil 297

  • G.R. No. L-979 April 13, 1949 - COMMONWEALTH OF THE PHIL. v. FAR EASTERN SURETY

    083 Phil 305

  • G.R. No. L-2745 April 13, 1949 - FLAVIANO ROMERO v. POTENCIANO PECSON

    083 Phil 308

  • G.R. No. L-856 April 18, 1949 - PEOPLE OF THE PHIL. v. SUSANO PEREZ

    083 Phil 314

  • G.R. No. L-493 April 19, 1949 - SANTIAGO BANAAG v. VICENTE SINGSON ENCARNACION

    083 Phil 325

  • G.R. No. L-1545 April 19, 1949 - E. R. CRUZ v. RAFAEL DINGLASAN.

    083 Phil 333

  • G.R. No. 48671 April 19, 1949 - EUSEBIO BELVIZ v. CATALINO BUENAVENTURA

    083 Phil 337

  • G.R. No. L-364 April 25, 1949 - PEOPLE OF THE PHIL. v. MARIANO T. JAUCIAN

    083 Phil 340

  • G.R. No. L-1282 April 25, 1949 - JUAN S. BARROZO v. MARCELINO T. MACARAEG

    083 Phil 378

  • G.R. No. L-2525 April 26, 1949 - MARY BURKE DESBARATS v. TOMAS DE VERA

    083 Phil 382

  • G.R. No. 48676 April 26, 1949 - LEON ORACION v. PACITA JUANILLO

    083 Phil 397

  • G.R. No. L-793 April 27, 1949 - FELISA R. PAEZ v. FRANCISCO MAGNO

    083 Phil 403

  • G.R. No. L-1259 April 27, 1949 - IN RE: CRISANTO DE BORJA v. JULIANA DE BORJA

    083 Phil 405

  • G.R. No. L-1370 April 27, 1949 - BERNARDA DE VASQUEZ v. ALFONSO DIVA

    083 Phil 410

  • G.R. No. L-1399 April 27, 1949 - IN RE: GONZALO T. DAVID v. CARLOS M. SISON

    083 Phil 413

  • G.R. No. L-1590 April 27, 1949 - RAYMUNDA SIVA v. FELIXBERTO IMPERIAL REYES

    083 Phil 416

  • G.R. No. L-1627 April 27, 1949 - EL PUEBLO DE FILIPINAS v. MAMERTO RAMIREZ

    083 Phil 418

  • G.R. No. L-1976 April 27, 1949 - PEOPLE OF THE PHIL. v. ARULA

    083 Phil 425

  • G.R. No. L-2056 April 27, 1949 - SANTIAGO ALERIA v. JUAN MENDOZA

    083 Phil 427

  • G.R. No. L-2336 April 27, 1949 - ANGELINA CANAYNAY v. BIENVENIDO A. TAN

    083 Phil 429

  • CA. No. 2592-R April 27, 1949 - SATURNINA ZAPANTA v. VIRGILIO BARTOLOME

    083 Phil 433

  • G.R. No. L-2612 April 27, 1949 - RURAL PROGRESS ADMINISTRATION v. DOMINADOR TEMPOROSA

    083 Phil 438

  • G.R. No. L-855 April 28, 1949 - PEOPLE OF THE PHIL. v. TROADIO BUTAWAN

    083 Phil 440

  • G.R. No. L-1275 April 28, 1949 - EL PUEBLO DE FILIPINAS v. FULGENCIO BUSTILLOS.

    083 Phil 443

  • G.R. No. L-1661 April 28, 1949 - PEOPLE OF THE PHIL. v. TEODORO CANTOS

    083 Phil 446

  • G.R. No. L-1672 April 28, 1949 - IN RE: ZENAIDA JIRO-MORI

    083 Phil 450

  • G.R. No. L-2028 April 28, 1949 - PHIL. SHEET METAL WORKERS’ UNION v. COURT OF INDUSTRIAL RELATIONS

    083 Phil 453

  • CA. No. 332 April 29, 1949 - CHINA INSURANCE & SURETY COMPANY v. B. K. BERKENKOTTER

    083 Phil 459

  • G.R. No. L-1650 April 29, 1949 - PEOPLE OF THE PHIL. v. GORGONIO MACABUHAY

    083 Phil 464

  • G.R. No. L-2899 April 29, 1949 - NATIONAL COCONUT CORPORATION v. FRANCISCO GERONIMO

    083 Phil 467

  • G.R. No. L-150 April 30, 1949 - VICENTE HILADO v. FELIX DE LA COSTA

    083 Phil 471

  • G.R. No. L-1234 April 30, 1949 - VICTORINO FLORO v. SANTIAGO H. GRANADA

    083 Phil 487

  • G.R. No. L-1383 April 30, 1949 - PAZ ESCARELLA DE RALLA v. DIRECTOR OF LANDS

    083 Phil 491

  • G.R. No. L-1523 April 30, 1949 - BIÑAN TRANSPORTATION COMPANY v. FIDEL IBAÑEZ

    083 Phil 503

  • G.R. No. L-1783 April 30, 1949 - PEOPLE OF THE PHIL. v. DIONISIO CARPIO Y ESTACIO

    083 Phil 509

  • G.R. No. L-1916 April 30, 1949 - PABLO C. SIBULO v. LOPE ALTAR

    083 Phil 513

  • G.R. No. L-2009 April 30, 1949 - SUNRIPE COCONUT PRODUCTS CO. v. COURT OF INDUSTRIAL RELATIONS

    083 Phil 518

  • G.R. No. L-2122 April 30, 1949 - FAUSTINO BUTER v. TRIBUNAL DE RELACIONES INDUSTRIALES

    083 Phil 526

  • G.R. No. L-46798 April 30, 1949 - PINDANGAN AGRICULTURAL CO., INC. v. ERNEST A. SCHENKEL Y OTRO

    083 Phil 529

  • G.R. No. 49167 April 30, 1949 - CO TAO v. JOAQUIN CHAN CHICO

    083 Phil 543

  •  





     
     

    G.R. No. L-855   April 28, 1949 - PEOPLE OF THE PHIL. v. TROADIO BUTAWAN<br /><br />083 Phil 440

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-855. April 28, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TROADIO BUTAWAN, Defendant-Appellant.

    Juan Nabong for Appellant.

    Assistant Solicitor General Manuel P. Barcelona and Solicitor Jose P. Alejandro for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; TREASON; MERE MEMBERSHIP OF CONSTABULARY DID NOT CONSTITUTE TREASON. — Mere membership in the Bureau of Constabulary, without more, did not constitute treason.

    2. ID.; ID.; INFERENCE AS TO ADHERENCE TO THE ENEMY. — Adherence to the enemy is to be inferred from the fact that when said overt acts were committed, he was in company of Japanese soldiers and constabulary patrols, and from the fact that the victims were guerrillas.

    3. ID.; ID.; FILIPINO CITIZENSHIP, PROOF OF, WHEN UNNECESSARY. — As the appellant and his attorney virtually stipulated as to the question of citizenship, they cannot now be permitted to withdraw therefrom. In view of said stipulation, it became unnecessary for the prosecution to submit proof on the point.

    4. ID.; ID.; MURDER AND ILLEGAL DETENTION AS ELEMENTS. — The appellant is guilty of treason, not complexed by murder and illegal detention, since these offenses are elements and the very overt acts of treason.


    D E C I S I O N


    PARAS, J.:


    This is an appeal from a judgment of the People’s Court convicting the appellant Troadio Butawan of the crime of treason with murder and illegal detention, and sentencing him to death by electrocution, to pay a fine of P2,000, plus the costs.

    The information charged eight counts, but the prosecution was able to present evidence in support of only counts 1, 5 and 6. The People’s Court found the appellant guilty of these three counts.

    Under count 1, the appellant is charged with having adhered to the enemy and given her aid and comfort by serving as a detachment commander of the Bureau of Constabulary under the Japanese Military Forces. Under count No. 5, the appellant is charged with having shot and killed at about 7 o’clock in the morning of January 18, 1944, Zoilo Calimutan, a member of the guerrilla organization known as the "Bolo Battalion," while the latter was distilling tuba near his house in Rosario, Cortes, Bohol, with his back towards the appellant. Under count No. 6, the appellant is accused of having apprehended, maltreated and tortured, on February 22, 1944, Gabriel Lumba, Maximo Buyo and Apolinario Igpit, also members of the "Bolo Battalion."cralaw virtua1aw library

    There is no dispute that the appellant served as a detachment commander of the Bureau of Constabulary luring the Japanese occupation, and that his duty was to protect the lives and properties of, and pacify, the civilians. Even so, mere membership in said Bureau of Constabulary, without more, did not constitute treason, for as held in People v. Albano (82 Phil., 767), "possibly, under certain circumstances, members of the police force during the occupation who merely urged guerrillas to keep the peace and to stop their activities did not commit treason; but when it is shown by positive evidence that said officers were not content to render lip service to the enemy in making pleas for public order, but went further and tortured their countrymen who were guerrillas or guerrilla sympathizers, a verdict of guilt must inevitably be returned."cralaw virtua1aw library

    The appellant, however, did not merely perform pacification work, but, as charged in count No. 5, he shot and killed his countryman Zoilo Calimutan, a guerrilla member; and, as charged in count No. 6, he apprehended and maltreated Gabriel Lumba, Maximo Buyo and Apolinario Igpit, likewise members of the guerrilla organization known as the "Bolo Battalion." These overt acts were proved by the testimony of two or more witnesses who have not been demonstrated to have had any motive for incriminating the appellant. Adherence to the enemy is to be inferred from the fact that when said overt acts were committed, he was in company of Japanese soldiers and constabulary patrols, and from the fact that the victims were guerrillas. That Zoilo Calimutan was shot is even admitted by the appellant who, however, alleges that he was shot by a Japanese. His testimony is not worthy of credence. It is noteworthy that the appellant admits that, when the mother of Zoilo Calimutan was begging for medicine from the appellant with which to cure her wounded son, the appellant answered that he would give her bullets.

    The appellant does not deny that he was with a combined Japanese and Constabulary patrol on February 22, 1944, when several people, among whom were Gabriel Lumba, Maximo Buyo and Apolinario Igpit, were apprehended and maltreated, although the appellant claims that it was the Japanese who were responsible therefor. Appellant’s pretense cannot negative the effect of the testimony of the witnesses for the prosecution.

    Counsel for the appellant has stressed the fact that the Filipino citizenship of the appellant was irregularly proven, in that the prosecution rested its case without establishing said citizenship, although the prosecutor thereafter successfully maneuvered to extract from appellant’s lawyer an admission of appellant’s Filipino citizenship, which admission was confirmed in open court by the appellant. As the appellant and his attorney virtually stipulated as to the question of citizenship, they cannot now be permitted to withdraw therefrom. In view of said stipulation, it became unnecessary for the prosecution to submit proof on the point.

    Upon the whole, we conclude that the appellant is guilty of treason, not complexed by murder and illegal detention, since these offenses are elements and the very overt acts of treason. There being no aggravating or mitigating circumstances, the penalty provided by article 114 of the Revised Penal Code should be imposed in the medium degree.

    It being understood, therefore, that the appellant is sentenced to reclusion perpetua, the appealed judgment, as thus modified, is hereby affirmed, with costs. So ordered.

    Moran, C.J., Feria, Pablo, Perfecto, Bengzon, Briones, Tuason, Montemayor and Reyes, JJ., concur.

    G.R. No. L-855   April 28, 1949 - PEOPLE OF THE PHIL. v. TROADIO BUTAWAN<br /><br />083 Phil 440


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