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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
May-1949 Jurisprudence                 

  • G.R. No. L-1674 May 9, 1949 - PEOPLE OF THE PHIL. v. PABLO SOMERA

    083 Phil 548

  • G.R. No. L-1765 May 9, 1949 - PEOPLE OF THE PHIL. v. MARIO TANDUG

    083 Phil 551

  • G.R. No. L-1881 May 9, 1949 - MANILA TERMINAL COMPANY v. LA CORTE DE RELACIONES INDUSTRIALES

    083 Phil 559

  • G.R. No. L-1512 May 12, 1949 - EL PUEBLO DE FILIPINAS v. FEDERICO

    083 Phil 569

  • G.R. No. L-1900 May 12, 1949 - PEOPLE OF THE PHIL. v. ALFREDO LACSON

    083 Phil 574

  • G.R. No. L-2064 May 12, 1949 - PEOPLE OF THE PHIL. v. ELIGIO TORRES

    083 Phil 595

  • G.R. No. L-1769 May 13, 1949 - PURITA PANAGUITON v. FLORENTINO PATUBO

    083 Phil 605

  • G.R. No. L-1833 May 13, 1949 - MEDARDO MUÑOZ v. EMILIO RILLORAZA

    083 Phil 609

  • G.R. No. L-792 May 14, 1949 - PEOPLE OF THE PHIL. v. E.C. CAÑADA

    083 Phil 612

  • G.R. No. L-1429 May 16, 1949 - PEOPLE OF THE PHIL. v. RICARDO AQUINO Y ABALOS

    083 Phil 614

  • G.R. No. L-1950 May 16, 1949 - LAO SENG HIAN v. NATIVIDAD ALMEDA LOPEZ

    083 Phil 617

  • G.R. No. L-2014 May 16, 1949 - PEOPLE OF THE PHIL. v. BENJAMIN Z. YELO

    083 Phil 618

  • G.R. No. L-1212 May 18, 1949 - EL PUEBLO DE FILIPINAS v. CELESTINO BASA Y OTROS

    083 Phil 622

  • G.R. No. L-1918 May 18, 1949 - PEDRO L. FLORES v. PERFECTO R. PALACIO

    083 Phil 626

  • G.R. No. L-2484 May 18, 1949 - LEE KO v. DIONISIO DE LEON

    083 Phil 628

  • G.R. No. L-2117 May 19, 1949 - PEOPLE OF THE PHIL. v. APOLONIO SOMBILON

    083 Phil 631

  • G.R. No. L-1471 May 20, 1949 - PEOPLE OF THE PHIL. v. JULIAN ORAZA

    083 Phil 633

  • G.R. No. L-1917 May 20, 1949 - CATALINO MAGLASANG v. CIRILO C. MACEREN

    083 Phil 637

  • G.R. No. L-2245 May 20, 1949 - AMBROSIO CARBUNGCO v. RAFAEL AMPARO

    083 Phil 638

  • G.R. No. L-2831 May 20, 1949 - BERNARDO TORRES v. MAMERTO S. RIBO

    083 Phil 642

  • G.R. No. L-432 May 23, 1949 - PEOPLE OF THE PHIL. v. IGNACIO CALINAWAN

    083 Phil 647

  • G.R. No. L-1795-6 May 23, 1949 - PEOPLE OF THE PHIL. v. PEDRO VALDEZ

    083 Phil 650

  • G.R. No. L-1989 May 23, 1949 - JOSE REYES y RAMIREZ v. EL TRIBUNAL DE APELACION

    083 Phil 658

  • G.R. No. L-2203 May 23, 1949 - SAN MIGUEL BREWERY v. LA CORTE DE RELACIONES INDUSTRIALES

    083 Phil 663

  • G.R. No. L-2431 May 23, 1949 - CEFERINO TAVORA v. PEDRO OFIANA

    083 Phil 672

  • G.R. No. 213 May 24, 1949 - GENEROSA A. DIA v. FINANCE & MINING INVESTMENT CORP.

    083 Phil 675

  • G.R. No. L-1700 May 24, 1949 - PEOPLE OF THE PHIL. v. LORENZO MINTU

    083 Phil 678

  • G.R. No. L-2004 May 24, 1949 - PABLO COTAOCO v. RAFAEL DINGLASAN

    083 Phil 681

  • G.R. No. L-2251 May 24, 1949 - EL PUEBLO DE FILIPINAS v. ELISA TANDAG

    083 Phil 683

  • G.R. No. L-1980 May 25, 1949 - CIPRIANO SEVILLA v. CEFERINO DE LOS SANTOS

    083 Phil 686

  • G.R. No. L-944 May 26, 1949 - PEOPLE OF THE PHIL. v. FAUSTO AVILA

    083 Phil 687

  • G.R. No. L-1823 May 26, 1949 - GERONIMO DE LOS REYES v. ARTEMIO ELEPAÑO

    083 Phil 691

  • G.R. No. L-1825 May 26, 1949 - EL PUEBLO DE FILIPINAS v. EUGENIO BERSIDA

    083 Phil 696

  • G.R. No. L-2022 May 26, 1949 - GUIA S. J0SE DE BAYER v. ERNESTO OPPEN

    083 Phil 700

  • G.R. No. L-2161 May 26, 1949 - PEOPLE OF THE PHIL. v. JAMES YOUNG

    083 Phil 702

  • G.R. No. L-2323 May 26, 1949 - M. A. ZARCAL v. S. HERRERO

    083 Phil 711

  • G.R. Nos. L-675 & L-676 May 27, 1949 - PEOPLE OF THE PHIL. v. NEMESIO LASTIMOSO

    083 Phil 714

  • G.R. No. L-1274 May 27, 1949 - PHIL. TRANSIT ASSN. v. TREASURER OF MANILA

    083 Phil 722

  • G.R. No. L-1394 May 27, 1949 - RAFAEL ROA YROSTORZA v. REPUBLIC OF THE PHIL.

    083 Phil 727

  • G.R. No. L-1861 May 27, 1949 - RIZAL SURETY AND INSURANCE CO. v. BIENVENIDO A. TAN

    083 Phil 732

  • G.R. No. L-1869 May 27, 1949 - JOSE PIO BARRETTO v. N. ALMEDA LOPEZ

    083 Phil 734

  • G.R. No. L-2300 May 27, 1949 - PEOPLE OF THE PHIL. v. MARCELINO TUMAOB

    083 Phil 738

  • G.R. No. L-2382 May 27, 1949 - PABLO S. RIVERA v. FRANCISCO ARELLANO

    083 Phil 744

  • G.R. No. L-1606 May 28, 1949 - IN RE: YEE BO MANN v. REPUBLIC OF THE PHIL.

    083 Phil 749

  • G.R. No. L-2309 May 28, 1949 - LOPE SARREAL v. SOTERO RODAS

    083 Phil 751

  • G.R. No. L-2518 May 28, 1949 - DONATA OLIVEROS DE TAN v. ENGRACIO FABRE

    083 Phil 755

  • G.R. No. L-2539 May 28, 1949 - JOSE P. MONSALE v. PAULINO M. NICO

    083 Phil 758

  • G.R. No. L-1511 May 30, 1949 - MIGUEL OJO v. JOSE V. JAMITO

    083 Phil 764

  • G.R. No. L-1550 May 30, 1949 - IN RE: FREDERICK EDWARD GILBERT ZUELLIG v. REPUBLIC OF THE PHIL.

    083 Phil 768

  • G.R. No. L-1609 May 30, 1949 - REMIGIO M. PEÑA v. FRANCISCO ARELLANO

    083 Phil 773

  • G.R. No. L-1686 May 30, 1949 - EL PUEBLO DE FILIPINAS v. SANTOS TOLEDO

    083 Phil 777

  • G.R. No. L-1723 May 30, 1949 - LUZ MARQUEZ DE SANDOVAL v. VICENTE SANTIAGO

    083 Phil 784

  • G.R. No. L-1978 May 30, 1949 - EL PUEBLO DE FILIPINAS v. ANTONIO ORCULLO Y OTROS

    083 Phil 787

  • G.R. No. L-1996 May 30, 1949 - PEOPLE OF THE PHIL. v. SALIP JULMAIN

    083 Phil 793

  • G.R. No. L-2031 May 30, 1949 - HERMOGENES C. LIM v. RESTITUTO L. CALAGUAS

    083 Phil 796

  • G.R. No. L-2069 May 30, 1949 - LUZON BROKERAGE CO. v. LUZON LABOR UNION

    083 Phil 801

  • G.R. No. L-2083 May 30, 1949 - PEOPLE OF THE PHIL. v. SALVADOR MALIG

    083 Phil 804

  • G.R. No. L-2098 May 30, 1949 - PIO MARQUEZ v. ARSENIO PRODIGALIDAD

    083 Phil 813

  • G.R. No. L-2099 May 30, 1949 - JOSE ONG v. BIENVENIDO A. TAN

    083 Phil 834

  • G.R. No. L-2130 May 30, 1949 - FRANCISCO SANCHEZ v. PEDRO SERRANO

    083 Phil 838

  • G.R. No. L-2132 May 30, 1949 - JUAN SAVINADA v. J. M. TUASON & CO.

    083 Phil 840

  • G.R. No. 49102 May 30, 1949 - W.C. OGAN v. BIBIANO L. MEER

    083 Phil 844

  • G.R. No. L-1104 May 31, 1949 - EASTERN THEATRICAL CO. v. VICTOR ALFONSO

    083 Phil 852

  • G.R. Nos. L-1264 & L-1265 May 31, 1949 - PEOPLE OF THE PHIL. v. TIMOTEO SAGARIO

    083 Phil 862

  • G.R. No. L-1271 May 31, 1949 - BENIGNO DEL RIO v. CARLOS PALANCA TANGUINLAY

    083 Phil 867

  • G.R. No. L-1281 May 31, 1949 - JOSEPH E. ICARD v. CITY COUNCIL OF BAGUIO

    083 Phil 870

  • G.R. No. L-1298 May 31, 1949 - PEOPLE OF THE PHIL. v. PEDRO SANTOS BALINGIT

    083 Phil 877

  • G.R. No. L-1299 May 31, 1949 - PEOPLE OF THE PHIL. v. JACOB J. LOEWINSOHN

    083 Phil 882

  • G.R. No. L-1827 May 31, 1949 - ALFREDO CATOLICO v. IRINEO RANJO

    083 Phil 885

  • G.R. No. L-1927 May 31, 1949 - CRISTOBAL ROÑO v. JOSE L. GOMEZ

    083 Phil 890

  • G.R. No. L-1952 May 31, 1949 - FRANCISCO R. VlLLAROMAN v. FLORENTINO J. TECHICO

    083 Phil 901

  • G.R. No. L-2108 May 31, 1949 - PAMPANGA BUS CO. v. LUIS G. ABLAZA

    083 Phil 905

  • G.R. No. L-2252 May 31, 1949 - PEOPLE OF THE PHIL. v. BARTOLOME BEDIA

    083 Phil 909

  • G.R. No. L-2253 May 31, 1949 - PEOPLE OF THE PHIL. v. SERVANDO MANIEGO

    083 Phil 916

  • G.R. No. L-2283 May 31, 1949 - MARINA TAYZON and FLORDELIZA G. ANGELES v. RAMON YCASIANO

    083 Phil 921

  • G.R. No. L-2326 May 31, 1949 - FERNANDO ALEJO v. MARIANO GARCHITORENA

    083 Phil 924

  • G.R. No. L-2351 May 31, 1949 - FRANCISCO ARGOS v. DOMINADOR VELOSO

    083 Phil 929

  • G.R. No. L-2377 May 31, 1949 - REPUBLIC OF THE PHIL. v. JUSTA G. VDA. DE GUIDO

    083 Phil 934

  • G.R. No. L-2450 May 31, 1949 - VERONICA RUPERTO v. CEFERINO FERNANDO

    083 Phil 943

  •  





     
     

    G.R. No. L-2064   May 12, 1949 - PEOPLE OF THE PHIL. v. ELIGIO TORRES<br /><br />083 Phil 595

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-2064. May 12, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELIGIO TORRES, Defendant-Appellant.

    Filoteo E. Evangelista for Appellant.

    Solicitor General Felix Bautista Angelo and Assistant Solicitor General Guillermo E. Torres for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; TREASON; EVIDENCE; ACCUSED’S ACTIVE PARTICIPATION IN THE APPREHENSION, INVESTIGATION AND TORTURE OF SEVERAL PERSONS AS TREASON ACT. — After a careful consideration of the evidence on record, the Court is fully satisfied that appellant, a Filipino citizen, took active part, with F. de los S. and several Japanese soldiers, in the apprehension, investigation and torture of several persons in Campana, Zamboanga City, on January 23, 1945, in an effort to check the guerrilla movement which appellant described as composed of bandits. Among those who were arrested and tortured were C. de la V., D. J., L. C. C., C. T., and it has been conclusively proved that it was appellant who killed C. de la V. by cutting his neck.

    2. ID.; ID.; UNMISTAKABLE IDENTITY OF ACCUSED BY PROSECUTING. — Appellant tried to deny his participation in said arrest, investigation, torture and killing, alleging that his presence in the place at the time was due to the fact that he was a prisoner of the Japanese and was brought there to cook food for the Japanese. Such allegation is unconvincing when confronted with the witnesses for the prosecution pointing appellant as having actively participated in the arrest, investigation and torture of several persons and in the killing of C. de la V., it appearing that there is absolutely no reason why the witnesses for the prosecution should have testified falsely against appellant. Appellant’s allegation that it was N, a Japanese, who investigated and tortured the persons who were arrested can not be accepted, as the witnesses for the prosecution, among them, persons who have been victims of the arrests and tortures, could not have mistaken appellant for N.


    D E C I S I O N


    PERFECTO, J.:


    Appellant Eligio Torres was found by the trial court guilty of the crime of treason and was sentenced to suffer the penalty of death, to pay a fine of P20,000, to indemnify in the sum of P1,000 the heirs of each of the deceased Castro de la Vega, Ponciano de la Chica, Mariano Alfonso and Domingo Jimenez, to indemnify Florencio Sebastian and Jose Lim in the amounts of P3,020 and P5,700, respectively, and to pay the costs.

    On appeal, counsel de oficio alleges that he People’s Court erred in giving greater weight and credit to the evidence of the prosecution than that of the defense in finding that it was appellant and not a Japanese, Hashimoto, who killed Castro de la Vega; in not finding that it was Japanese Nonaca who tortured and maltreated Liberata Cabaya Cruz; in not finding that Eligio Torres was only used as a porter of the Japanese under duress, while prisoner of the Japanese soldiers; in not finding that it was the Japanese soldiers who tortured and maltreated and assaulted Florencio Sebastian; in finding that it was Torres who confiscated and misappropriated the goods of Florencio Sebastian and Jose Lim. Appellant admitted in open court that he is a Filipino citizen.

    The witnesses for the prosecution testified in substance as follows:chanrob1es virtual 1aw library

    Rosalinda de la Chica, 33, widow, testified that at about two o’clock in the afternoon of January 23, 1945, she and her husband, Castro de la Vega, went to the house of Cresencio Timpangco where they found Mariano Alfonso and Ponciano del a Chica. At about four or five o’clock that afternoon, appellant, Francisco de los Santos and many Japanese arrived and immediately went up the house. The Japanese searched the house. Appellant said that all those living in the house should be killed because they were aiding the bandits in the hills, referring to all the members of the family of Cabaya Cruz. Those in the house were Cresencio timpangco, Mariano de la Chica, Mariano Alfonso, Ponciano de la Chica, Castro de la Vega and the witness. Eligio tied them, separating the men from the women, and investigated them. He beat with a stick Domingo Jimenez and his wife, Liberata Cabaya Cruz (1-7). When fireshots were heard, Liberata Cabaya Cruz, Margarita de la Chica, Josefa Savillano and the witness ran away (11). They waited the whole night in the bushes. At about six o’clock the next morning, the witness saw appellant take Castro de la Vega to the river to drown him. Castro de la Vega shouted asking for pity in vain (13). Between one or two o’clock in the afternoon, those tied were brought to Pasonangca. As Castro de la Vega could not walk any more, appellant cut his right foot and then his neck, using a sword he asked from the Japanese 914). Mariano Alfonso was able to escape that very night. Castro de la Vega had guerilla friends and used to offer them water to drink (16).

    Isidro Francisco, 32, married, farmer and resident of Tumaga, Zamboanga City, testified that in January, 1945, he was in the kitchen of the Japanese headquarters in Prisa mayor, Zamboanga City, assigned there to chop vegetables, as a prisoner. On January 25, 1945, at about five o’clock in the afternoon, he saw Domingo Jimenez pass by with hands tied at the back, in the company of Japanese soldiers, going towards the edge of the river at about 20 meters from the kitchen (34- 40). When the Japanese and appellant came back, Domingo Jimenez and the other prisoners were no longer with them (41).

    Cristobal Fernandez, 29, married, farmer and resident of Prisa Mayor, Zamboanga City, testified that in the afternoon of January 24, 1945, he was in the kitchen of the Japanese garrison as a prisoner, he saw three prisoners tied to a coconut tree (47). One of them he knew as Domingo Jimenez. The three prisoners were left tied the whole night. At about five o’clock in the afternoon of January 25, 1945, the three prisoners with about 12 Japanese soldiers and two Filipinos, including appellant, passed by the kitchen (48). The prisoners were taken to a distance of about 20 brazas. He did not see the three prisoners returning to the garrison (50). The Japanese and the accused passed by again when they returned, but the three prisoners were already missing (51).

    Josefa Savillano, 56, widow, and resident of Zamboanga City, testified that in the afternoon of January 23, 1945, appellant went to her house accompanied by Japanese and Francisco de los Santos (58). Eligio asked her where the bandits were and she answered that she did not know. Liberata Cabaya Cruz was beaten. The witness was investigated in the house of Cresencio Timpangco (59). In the Timpangco house she saw Cresencio Timpangco, Margarita de la Chica, Ponciano de la Chica, Rosalina de la Chica, Mariano Alfonso and Domingo Jimenez (61). Appellant and the Japanese separated the men from women and were investigated. Domingo Jimenez was asked where the bandits were and he answered that he did not know anything about them. Jimenez was beaten first by Santos and afterwards by appellant. The women were tied (62). Among those who investigated and beat them were appellant and Francisco de los Santos, using a piece of cord or rope made of leather (63). Appellant investigated also Liberata Cabaya Cruz asking her where was his son, the bandit. She answered that she had no son that was a bandit. Appellant beat her and when she was stopping kicked her (64). At about 7 or 8 o’clock at night, an explosion was heard and the Japanese became nervous and scattered. Witness, Margarita and Rosalina de la Chica escaped. The men were not able to escape. The next morning the witness saw appellant stepping on the body of Castro de la Vega, who was praying that the torture be stopped as it was painful (65). At about three or four o’clock in the afternoon, while witness was returning to her house, she saw a Japanese delivering to appellant a long bolo, a sort of a sword, with which appellant hit Castro de la Vega’s foot and when Castro fell down, Torres cut his neck (67). Those who were taken prisoners by the Japanese were Domingo Jimenez, Cresencio Timpangco and Ponciano de la Chica. Mariano Alfonso was able to escape (68). the prisoners did not return any more (69-71).

    Liberata CAbaya Cruz, 46, widow, housekeeper and resident of Campana, Zamboanga City, testified that the Japanese, accompanied by appellant and Francisco de los Santos, went to her house in the afternoon of January 13, 1945 (85). They arrested her and her husband and were taken to the house of Cresencio Timpangco. Her husband was asked by appellant where his bandit son was. When her husband denied having a bandit son, appellant and Francisco de Los Santos began beating him (86). Appellant and Francisco de los Santos, after beating her husband, tied him, with his hands at his back (87). The witness was beaten by Francisco de los Santos (88). Appellant kicked her. At about seven o’clock, an explosion was heard and at that moment the women, Josefa Savillano, Rosalina de la Chica and the witness were able to escape (89). The witness never saw again Domingo Jimenez (90).

    Florencio Sebastian, 48, married, merchant and resident of Tetuan, Zamboanga City, testified that on March 2, 1945, appellant, Francisco de los Santos, another Filipino and 10 Japanese went to his house at Bactus, where he was living with the members of his family (98). Appellant and Francisco de los Santos ordered the witness to cook food for them (99). After all had eaten, Francisco de los Santos asked the whereabouts of Jose Fernandez who, he alleged, had a son who was a bandit. The witness said that he did not know (100); then the witness was tied by Francisco de los Santos and took him to the next house of one Felipe. Santos ordered the witness to lie down, face up, and covered his face with a handkerchief, over which he poured water mixed with oil into his mouth (101). Appellant lighted a cigarette with which he burned several parts of the witness body (103). Because the witness could not stand any more than torture, he said that he knew that Jose Fernandez was staying in Lumiyac. De los Santos asked the witness for his money; the witness said that he did not have money, and Santos continued pouring water mixed with oil into his mouth, attempting to drown him (104). The witness finally said that he had one trunk kept in the house of Juaning Sebastian (105) and from the trunk appellant and companion had taken one twenty-peso bill, real money, and about one thousand pesos of white money, meaning the money issued by the Japanese. Cloths worth P1,000 were also taken from the trunk (106). The Japanese took no part in the torture of the witness (107). The witness was then brought to the house of Jose Lim (108). Nine trunks were taken down from the house by appellant and Francisco de los Santos (110).

    Maria de Guzman, 48, married and resident of Tetuan, Zamboanga City, testified that in the afternoon of March 2, 1945, appellant and Santos, with some Japanese, went to her house in Bactus and ordered them to prepare supper (119). After supper, Torres and Santos called her husband and she heard them asking her husband where Jose Fernandez is. Later they tied him, with his hands at his back. Her husband was Florencio Sebastian; he was brought to some place (121). Her husband was taken out about nine o’clock and was able to return at about one o’clock past midnight. His clothes were wet, his hands showed signs of having been tied, his face was swollen and his ear and legs were burned (122).

    Quasi Lim, 49, married and resident of Zamboanga City, testified that Jose Lim is her husband. On March 2, 1945, they were living in Bactus. That night Santos with some Japanese entered their home. She saw that there was with them a man with his hands tied at the back and it was Florencio Sebastian (125-126). Santos asked for a Parker fountain pen. Jose Lim said that he had none and that they could open his trunk and find out if he had one (127). Santos went up and searched the contents of the trunk. Santos noticed a wallet hanging on the wall and took it and found jewelry inside. He took the jewelry and found among them a ring which he placed his finger (128). There were nine trunks in the house and they carried them (129). The trunks contained many articles, the combined value of which was about P5,000. The trunks were taken by Santos and appellant (130). The jewelry inside the wallet was worth P700 (131). The witness was not able to recover the jewelry (132).

    Isaias Lacasti Santos, 32, married, blacksmith and resident of Tugbugan, Zamboanga City, testified that on March 2, 1945, he was in his evacuation place in Bactus where he saw Florencio Sebastian with his hands tied at the back escorted by appellant and Santos (141). He was taken to the house of his neighbor, Felipe Sinelega (142). He heard someone asking for the whereabouts of Jose Fernandez (143).

    The witness for the defense testified in substance as follows:chanrob1es virtual 1aw library

    Elena Ortega, 28, single, housekeeper and resident of Zamboanga City, testified that appellant arrived with the Japanese at Campana and apprehended persons of the group of Timpangco, aside from Rosalina de la Chica, Castro, the husband of Rosalina, the mother of Rosalina and her sister Margarita. Ponciano de la Chica, Mariano Alfonso and others including Liberata Cabaya Cruz were also arrested 9150-151). The witness was also apprehended. The accused did not apprehended anyone (152). Nonaca, a Japanese, made the investigation. There were persons maltreated, among them, Domingo Jimenez and Liberata Cabaya Cruz. Nonaca was the one who maltreated them. The witness did not see the accused maltreat any person. Appellant and Santos were rendering service in cooking, fetching water and doing servants’ work (153). Eligio Torres was ordered by the Japanese to wash dishes (157). The Japanese were the ones who were maltreating people, but not the accused (158).

    Guillermo Piedad, 21, single, student and resident of Zamboanga City, testified that on January 23, 1945, he saw appellant and Francisco de los Santos at Campana with Japanese companions. They proceeded to the house of Timpangco where they investigated, among others, the witness about carbines and tommyguns. The one who investigated was Nonaca, a Japanese (176). Nonaca tortured them also (177). The families of the detained persons were bringing chickens and appellant and Francisco de los Santos were the ones cooking for the Japanese to eat (178).

    Jovita Torres Encarnado, 33, married and resident of Tomas Claudio Extension, Zamboanga City admitted as her signature Exhibit A, and she testified that she bought the two earrings from a Moro (184). She volunteered to return the earrings to Lim because she wanted to avoid appearing in Court. She gave the article mentioned in Exhibit A to Jose Lim because he said that they belong to him (185). the articles were given to her by a Japanese soldier Moto San who was a friend of hers (186). The appellant Eligio Torres is her brother. He did not give her any article (187).

    Eligio Torres, 27, testified that on January 23, 1945, he went to Campana, Zamboanga City with the Japanese (188). Francisco de los Santos was with them. Appellant was arrested by the Japanese in his house and they made him a prisoner about the middle of November, 1944. He was suspected as a member of the guerrilla, because they found out that his brother and the husband of his sister were in the hills with the guerillas. The Japanese made him stay in the reservation of the Japanese headquarters. They made him work grinding coconut and making oil (189). He went to Campana forced by the Japanese. He was carrying food for the Japanese (190). The Japanese arrested people. Appellant was assigned in the kitchen and was cooking food for the Japanese (191). The investigation was made by Nonaca, a Japanese (192). Appellant did not investigate or torture anyone on that occasion (193). It is not true that he cut the foot and then the neck of Castro de la Vega (193). He knows only that the Japanese arrested and took care of Castro de la Vega (194).

    After a careful consideration of the evidence on record, we are fully satisfied that appellant, a Filipino citizen, took active part, with Francisco de los Santos and several Japanese soldiers, in the apprehension, investigation and torture of several persons in Campana, Zamboanga City, on January 23, 1945, in an effort to check the guerilla movement which appellant described as composed of bandits. Among those who were arrested and tortured were Castro de la Vega, Domingo Jimenez, Liberata Cabaya Cruz, Cresencio Timpangco, and it has been conclusively proved that it was appellant who killed Castro de la Vega by cutting his neck. Appellant tried to deny his participation in said arrest, investigation, torture and killing, alleging that his presence in the place at the time was due to the fact that he was a prisoner of the Japanese and was brought there to cook food for the Japanese. Such allegation is unconvincing when confronted with the witnesses for the prosecution pointing appellant as having actively participated in the arrest, investigation and torture of several persons and in the killing of Castro de la Vega, it appearing that there is absolutely no reason why the witnesses for the prosecution should have testified falsely against appellant. Appellant’s allegation tat it was Nonaca, a Japanese, who investigated and tortured the persons who were arrested, cannot be accepted, as the witnesses for the prosecution, among them, persons who have been victims of the arrests and tortures, could not have mistaken appellant for Nonaca.

    It has also been conclusively proved that on March 2, 1945, appellant Eligio Torres took active part in the arrest and torture of Florencio Sebastian in Bactus, Zamboanga, at first for the purpose of inquiring from him the whereabouts of Jose Fernandez, and then to rob said Sebastian of about P20 in genuine money and P1,000 in Japanese notes, aside from cloths and clothing material with a prewar value of P1,000, and to rob Jose Lim of jewelry valued at P700 and goods contained in nine trunks valued at about P5,000.

    We find appellant guilty of the crime of treason punished under article 114 of the Revised Penal Code, but we do not believe that he deserves the penalty of death imposed upon him by the lower court. The part of the appealed judgment regarding indemnities should be modified.

    Appellant is sentenced to reclusion perpetua, to indemnify the heirs of each of the deceased Castro de la Vega, Ponciano de la Chica, Mariano Alfonso and Domingo Jimenez in the sum of P6,000, following the decision in the case of People v. Amansec (80 Phil., 424), and the indemnity to Florencio Sebastian should be reduced to P1,020. Thus modified, the appealed judgment is affirmed.

    Paras, Bengzon, Montemayor and Reyes, JJ., concur.

    Moran, C.J., concurs in the result, there being no sufficient votes for the imposition of death penalty.

    Separate Opinions


    TUASON, J.:


    I am of the opinion that the judgment of the lower court should be affirmed.

    PABLO, M., disidente:chanrob1es virtual 1aw library

    Disiento. No estoy conforme con la reduccion de la pena.

    Para ayudar a los soldados japoneses en la supresion de la guerrilla, no tenia necesidad el acusado de torturar a las personas arrestadas con crueldad, ni tenia necesidad de pegar y maltratar a pobres mujeres, nin tenia necesidad de cortar el pie derecho de Castro de la Vega antes de decapitarle. Robar P20 en dinero filipino, mil peos en papel moneda japonesa y telas por valor de P1,000 de la propiedad de Florencio Sebastian, y robar alhajas avaluadas en P700 y otros efectos avalorados en P5,000 de la propiedad de Jose Lim, no eran necesarios si su intencion fue solamente querer saber el paradero de Jose Fernandez en el desempeño de su papel de espia.

    Porque concurre circunstancia agravante, vote por que se confirme la sentencia impuesta por el juzgado inferior.

    FERIA, J.:


    In concur in this dissenting opinion.

    G.R. No. L-2064   May 12, 1949 - PEOPLE OF THE PHIL. v. ELIGIO TORRES<br /><br />083 Phil 595


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