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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
 

   
June-1949 Jurisprudence                 

  • C.A. No. 793 June 9, 1949 - MARCOS ROQUE, ET AL. v. LEONCIA SONGCO, ET AL.

    084 Phil 1

  • G.R. No. L-1408 June 11, 1949 - MARIA BAUTISTA v. JOSE B. L. REYES, ET AL.

    084 Phil 3

  • G.R. No. L-1086 June 13, 1949 - BELLA BERNARDINO, ET AL.vs. EL ARZOBISPO CATOLICO DE MANILA

    084 Phil 8

  • G.R. No. L-1081 June 14, 1949 - MARIA DE LA CRUZ v. PEDRO BUENAVENTURA, ET AL.

    084 Phil 12

  • G.R. No. L-670 June 16, 1949 - SEGUNDA SANTIAGO, ET AL. v. PABLO VALENZUELA, ET AL.

    084 Phil 14

  • G.R. No. L-1522 June 16, 1949 - EL PUEBLO DE FILIPINAS v. MARCIANO O. MERIALES

    084 Phil 18

  • G.R. No. L-1568 June 16, 1949 - PEOPLE OF THE PHIL. v. VALENTIN ERAÑA ET AL.

    084 Phil 21

  • G.R. No. L-2261 June 16, 1949 - PAMPANGA BUS CO. v. EMPLOYEES ASS’N OF THE PAMPANGA BUS CO.

    084 Phil 31

  • G.R. No. L-2428 June 20, 1949 - PEOPLE OF THE PHIL. v. ROQUE MARIQUlNA, ET AL.

    084 Phil 39

  • G.R. No. L-1855 June 22, 1949 - FELIPE C. ALVIAR, ET AL. v. SANTOS B. PAMPOLINA, ET AL.

    084 Phil 45

  • G.R. No. L-923 June 24, 1949 - PEOPLE OF THE PHIL. v. JOSE DIZON

    084 Phil 48

  • G.R. No. L-1305 June 24, 1949 - PEOPLE OF THE PHIL. v. BERNABE GALO

    084 Phil 52

  • G.R. No. L-1513 June 24, 1949 - PEOPLE OF THE PHIL. v. AKAI, ET AL.

    084 Phil 54

  • G.R. No. L-2063 June 24, 1949 - PEOPLE OF THE PHIL. v. CEFERINO BARTIQUIN

    084 Phil 59

  • G.R. No. L-2137 June 24, 1949 - PEOPLE OF THE PHIL. v. MAMILLANO GRIAR

    084 Phil 64

  • G.R. No. L-2949 June 24, 1949 - ROBERT L. WEADOCK, ET AL., v. MACARIO OFILADA, ET AL.

    084 Phil 68

  • G.R. No. L-565 June 27, 1949 - PEOPLE OF THE PHIL. v. ROQUE BADILI

    084 Phil 71

  • G.R. No. L-1080 June 27, 1949 - PEOPLE OF THE PHIL. v. JOSE JAVIER ALMODOVAR

    084 Phil 76

  • G.R. No. L-1373 June 27, 1949 - PEOPLE OF THE PHIL. v. EUFRONIO VISAGAR

    084 Phil 84

  • G.R. Nos. L-1604, L-1712 & L-1713 June 27, 1949 - PEOPLE OF THE PHIL. v. SERVILLANO FALTADO, ET AL.

    084 Phil 89

  • G.R. Nos. L-1820-21 June 27, 1949 - PEOPLE OF THE PHIL. v. PAULO SANTOS, ET AL.

    084 Phil 97

  • G.R. No. L-2012 June 27, 1949 - PEOPLE OF THE PHIL. v. SOFRONIO GAJO, ET AL.

    084 Phil 107

  • G.R. No. L-547 June 28, 1949 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO

    084 Phil 118

  • G.R. No. L-1006 June 28, 1949 - PEOPLE OF THE PHIL. v. FILEMON ESCLETO

    084 Phil 121

  • G.R. No. L-1716 June 28, 1949 - MATERIAL DISTRIBUTORS (PHIL.) , ET AL. v. FELIPE NATIVIDAD, ET AL.

    084 Phil 127

  • G.R. No. L-2427 June 28, 1949 - PEOPLE OF THE PHIL. v. ANATALIO SALIENTE, ET AL.

    084 Phil 136

  • C.A. No. 8037 June 28, 1949 - DIRECTOR OF LANDS, ET AL. v. MAXIMIANO P. MARTIN, ET AL.

    084 Phil 140

  • G.R. No. L-1794 June 30, 1949 - PEOPLE OF THE PHIL. v. VENERANDO VIERNES, ET AL.

    084 Phil 144

  • G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL.

    084 Phil 148

  • G.R. No. L-2443 June 30, 1949 - PEOPLE OF THE PHIL. v. JOSE L. DEMETRIO, ET AL.

    084 Phil 153

  • G.R. No. L-2852 June 30, 1949 - VICTOR A. BOROVSKY v. COMM. OF IMMIGRATION, ET AL.

    084 Phil 161

  • G.R. No. L-48494 June 30, 1949 - BANQUE GENERALE BELGE, ET AL. v. WALTER BULL & CO., INC., ET AL.

    084 Phil 164

  •  





     
     

    G.R. No. L-923   June 24, 1949 - PEOPLE OF THE PHIL. v. JOSE DIZON<br /><br />084 Phil 48

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-923. June 24, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE DIZON, Defendant-Appellant.

    Santiago F. Alidio for Appellant.

    Assistant Solicitor General Carmelino G. Alvendia and Solicitor Manuel P. Barcelona for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; TREASON; ACCUSED’S ACTIVE PARTICIPATION IN THE ARREST OF GUERRILLA SUSPECTS WITH THE ENEMY, CONSTITUTES TREASONABLE ACT. — Accused’s active participation in the arrest of guerrilla suspects with a raiding party composed of Japanese and Filipinos constitutes the giving of aid and comfort to said enemy which facts were proved beyond reasonable doubt showing that the appellant, a Filipino citizen, is guilty of treason.


    D E C I S I O N


    PERFECTO, J.:


    Appellant is accused of treason on the information which reads as follows:jgc:chanrobles.com.ph

    "1. That on or about August 2, 1943, in Santa Rosa, Laguna, Philippines, the said accused, acting as informer or agent of the Imperial Japanese Forces in the Philippines, and for the purpose of giving and with intent to give aid and/or comfort to the said enemy, with the aid of a group of armed men who afforded him impunity, did then and there willfully, unlawfully, feloniously and treasonably lead, accompany and participate in the apprehension and arrest of one Roman Malapitan, suspected of being a guerrilla member, and thereupon, the said accused did turn over the said Roman Malapitan to the enemy who brutally maltreated, tortured and subsequently executed him.

    "2. That on or about October 5, 1944, in Santa Rosa, Laguna, Philippines, the said accused, acting as informer or agent of the Imperial Japanese Forces in the Philippines, and for the purpose of giving and with intent to give aid and/or comfort to the said enemy, with the aid of a group of armed men who afforded him impunity, did then and there willfully, unlawfully, feloniously and treasonably lead, accompany and participate in the apprehension and arrest of one Maximo Avendaño, suspected of being a guerrilla member, and thereupon, the said accused did turn over the said Maximo Avendaño to the enemy who brutally maltreated, tortured and subsequently executed him.

    "3. That on or about November 3, 1944, in Santa Rosa, Laguna, Philippines, the said accused acting as informer or agent of the Imperial Japanese Forces in the Philippines, and for the purpose of giving aid and with intent to give aid and/or comfort to the said enemy, with the aid of a group of armed men who afforded him impunity, did then and there willfully, unlawfully, feloniously and treasonably lead, accompany and participate in the apprehension and arrest of one Isidoro de los Angeles, suspected of being a guerrilla member, and thereupon, the said accused did turn over the said Isidoro de los Angeles to the enemy who brutally maltreated, tortured and subsequently executed him.

    "4. That on or about November 16, 1944, in Santa Rosa, Laguna, Philippines, the said accused, acting as informer or agent of the Imperial Japanese Forces in the Philippines, and for the purpose of giving and with intent to give aid and/or comfort to the said enemy, with the aid of a group of armed men who afforded him impunity and taking advantage of the darkness of the night, did then and there willfully, unlawfully, feloniously and treasonably lead, accompany and participate in that apprehension and arrest of one Maj. Leopoldo F. Santos (USAFFE), suspected of being a guerrilla member, and thereupon, the said accused, did turn over the said Major Leopoldo F. Santos to the enemy who brutally maltreated, tortured and subsequently executed him.

    "5. That on or about November 16, 1944, in Santa Rosa, Laguna, Philippines, the said accused, acting as informer or agent of the Imperial Japanese Forces in the Philippines, and for the purpose of giving and with intent to give aid and/or comfort to the said enemy, with the aid of a group of armed men who afforded him impunity and taking advantage of the darkness of the night, did then and there willfully, unlawfully, feloniously and treasonably lead, accompany, and participate in the apprehension and arrest of one Roque Lazaga, suspected of being a guerrilla member, and thereupon, the said accused did turn over the said Roque Lazaga to the enemy who brutally maltreated, tortured and subsequently executed him.

    "6. That on or about November 16, 1944, in Santa Rosa, Laguna, Philippines, the said accused, acting as informer or agent of the Imperial Japanese Forces in the Philippines, and for the purpose of giving and with intent to give aid and/or comfort to the said enemy, with the aid of a group of armed men who afforded him impunity, and taking advantage of the darkness of the night, did then and there willfully, unlawfully, feloniously and treasonably lead, accompany and participate in that apprehension and arrest of Antonio Alumno and Jurado Alumno, both suspected of being guerrilla members, and thereupon, the said accused did turn over the said Antonio Alumno and Jurado Alumno to the enemy who brutally maltreated, tortured and subsequently executed them.

    "7. That on or about November 24, 1944, in Santa Rosa, Laguna, Philippines, the said accused, acting as informer or agent of the Imperial Japanese Forces in the Philippines, and for the purpose of giving and with intent to give aid and/or comfort to the said enemy, with the aid of a group of armed men who afforded him impunity and taking advantage of the darkness of the night, did then and there willfully, unlawfully, feloniously and treasonably lead, accompany and participate in the apprehension and arrest of one Lucio Aguilar, suspected of being a guerrilla member, and thereupon, the said accused did turn over the said Lucio Aguilar to the enemy who brutally maltreated, tortured and subsequently executed him.

    "8. That about December, 1944, in Santa Rosa, Laguna, Philippines, the said accused, in order to make more effective the aid or comfort which he intended to give and did give to the enemy, did voluntarily enlist and serve as a member of the Makapili, an instrumentality of military nature, created and conceived in the spirit of collaboration with the Imperial Japanese Forces in the Philippines with the end in view of collaborating unreservedly and unstintedly with the said enemy, and to fight side by side with the same against the Armed Forces of the United States of America and the guerrilla forces then operating in the Philippines, and as such member thereof, the said accused did further voluntarily join and evacuate with the said enemy in his retreat to the mountains of Luzon, and did stay and remain with the same until his apprehension and capture by the American and guerrilla forces."cralaw virtua1aw library

    The trial court found appellant guilty on all counts except on counts two and eight, and sentenced him to reclusion perpetua and to pay a fine of P10,000 and the costs.

    The evidence shows that appellant took part in the arrest of Roman Malapitan at about 6 o’clock in the afternoon of August 2, 1943, in Santa Rosa, Laguna, the fact having been testified to by Maxima Dedicatorio, widow of Malapitan, and Concha Pascual, a neighbor. It has been proved that the arrest was undertaken by the accused and several persons, including a Japanese civilian named Mikawa.

    The evidence also shows that appellant participated in the arrest of Isidoro de los Angeles on the afternoon of November 3, 1944, in the rice mill of Andres Villanueva in barrio Balibago, Santa Rosa. Isidoro was brought, as a guerrilla suspect, to the house of Mikawa, where he was investigated and beaten. Afterwards, he was taken to the japanese garrison by the accused and the japanese. These facts were testified to by Gorgonio Cantos, Pantaleon Lara and Amanda Lazaga.

    It was also proved that Major Leopoldo F. Santos, an ex-USAFFE officer, another guerrilla suspect, was arrested by a raiding party composed of Japanese and Filipinos, one of whom was appellant, who chose not to deny this charge in his testimony.

    Regarding the arrest of Roque Lazaga, because of the contradictions between the testimonies of the witness for the prosecution Julia Alinsod and Teofila Lazaga, wife and daughter, respectively, of Roque Lazaga, appellant is entitled to the benefits of the doubt and, therefore, he cannot be found guilty on count five of the information.

    Appellant cannot also be found guilty on count six because only one witness, Sancha Sayao, testified to the arrest of Antonio and Jurado Alumno.

    Under count seven, upon the testimonies of Rosa Alinsod and Federico Aguilar, wife and son, respectively, of Lucio Aguilar, it appears that the accused, armed with revolver and accompanied by several persons three of whom were in japanese uniforms, arrested Lucio Aguilar as a guerrilla suspect, who was taken away in a truck.

    Upon the facts proved, we are convinced beyond doubt that appellant, a Filipino citizen, is guilty of treason and the trial court sentenced him correctly under article 114 of the Revised Penal Code to reclusion perpetua and a fine of P10,000 and to pay the costs. The appealed judgment is affirmed with costs against Appellant.

    Moran, C.J., Ozaeta, Paras, Feria, Bengzon, Tuason, Montemayor and Reyes, JJ., concur.

    G.R. No. L-923   June 24, 1949 - PEOPLE OF THE PHIL. v. JOSE DIZON<br /><br />084 Phil 48


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