THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. ELADIO PACATANG, DEFENDANT AND APPELLANT.

With the testimonies of Valeriana Magallanes, Bernardo
Dumoloan, Meliton Bongay and Simeon Lorono, the prosecution has proved that on
February 10, 1945, while walking together in barrio Libaong, Panglao, Bohol,
Valeriana Magallanes and Lorenzo Baranda were stopped by appellant and another
Filipino, both armed, to inquire for the house of the barrio lieutenant.
Lorenzo, after telling that it was not far from the place, asked appellant if he
was a member of the Nunag Guerrilla. Incensed at Lorenzo, appellant boxed him,
and continued with his companion punishing Lorenzo until the latter fell to the
ground. Because Lorenzo did not admit that he was a guerrilla, Pacatang took him
to a nanca tree and hanged him there and continued torturing him until
blood flowed from his mouth. Later, Lorenzo was dragged by appellant and some
Japanese soldiers to the woods where a shot was heard. Lorenzo was later found
dead in the place.

With the declaration of Balbina Tindoy, Tomas Tenteng, Abundio
Dangoy, and Bernardo Bugas the prosecution proved that Balbina Tindoy, her minor
son Abundio Dangoy, and Tomas Tenteng were arrested by a Japanese patrol on
April 5, 1944 and taken to a coconut groove in barrio Candapog, Baclayon, Bohol
where they were met by appellant and Japanese soldiers. A Japanese soldier came
with Teofilo Dangoy, Felipe Dangoy and Dodo Erano. Appellant investigated
Teofilo and Felipe Dangoy, accusing them of being guerrillas. They denied the
accusation, and appellant delivered them to the Japanese exclaiming the fact
that then the life of a person had very little value. The Japanese tied together
Dodo Erano, Teofilo Dangoy and Felipe Dangoy and brought them to a nearby
valley. The Japanese returned without their victims and cleaning their sabers
which were stained with blood. Afterwards, the remains of the three persons were
found with several wounds.

The prosecution also proved with the declaration of Saturnino
Cagadas and Generoso Tagud that a Japanese patrol led by appellant came on July
10, 1944, to the house of Generoso Tagud and questioned him and Saturnino
Cagadas for the whereabouts of the radio transmitter of the guerrillas. They
professed ignorance about the matter and appellant and a soldier companion
Balite, tortured them.

While working in barrio Catarman, Bawis, Bohol, Irenea Adoptar,
Emiliana Adoptar, and Celerino Miculob were ordered by appellant to follow him
to the provincial road where they were met by nine Japanese soldiers. Pacatang
ordered them to tell him where the guerrillas were and when they could not give
satisfactory answer, they were severely punished by the accused and by the
Japanese soldiers. These facts were proved by the testimonies of Aristona
Miculob and Facundo Romorosa.

With the declarations of Victoria de Rama, Raymundo Cervas and
Eleuterio Ongcog, the prosecution proved that on January 6, 1945, a group of
Japanese soldiers led by appellant, went to sitio Puculan, Dawis, Bohol, and
arrested Victoria de Rama, and her son Raymundo Cervas, Eleuterio Ongcog and
brought them to the Kempetai in Tagbilaran. The following day appellant
questioned them and tortured Raymundo for denying his connection with the
guerrillas. Victoria and Eleuterio were released but nothing has been heard
again of Raymundo.

Testifying as a lone witness in his behalf, appellant denied
the charges against him, but his denials appear to be unmeritorious and the
trial court rightly rejected them. Counsel for appellant accepts the findings of
fact of the lower court and he raises only this appeal to the main question as
to the penalty that should be imposed on appellant.

Finding appellant guilty of the crime of treason, the People’s
Court sentenced him to death, to pay a fine of P20,000, to indemnify the heirs
of Lorenzo Baranda, Teofilo Dangoy, Felipe Dangoy, and Dodo Erano in the amount
of P2,000, and to pay the costs.

Counsel contends that the appealed judgment should be modified
by sentencing appellant to reclusion perpetua instead of death, which is
the penalty imposed by a Division of Three of the People’s Court, one of then
dissenting against said penalty.

Unnecessary cruelty and superior force were considered by the
trial court as aggravating circumstances to sentence appellant to death. While
the majority of the Supreme Court are of opinion that said aggravating
circumstances should be considered against appellant, there are members that
opined that they are among the elements of the treasons committed under the
Japanese regime, as shown in many other cases already considered and decided by
this Court. In resorting to superior force and cruelty, the adherents to the
enemy had just followed the example of the Japanese.

Insufficient votes having been cast to affirm the death
sentence, the appealed judgment is modified and, accordingly, appellant is
sentenced to suffer reclusion perpetua, to pay a fine of P20,000 and to
pay to the heirs of Lorenzo Baranda, Teofilo Dangoy, Felipe Dangoy, and Dodo
Erano an indemnity at the rate of P6,000 for each deceased and to pay the
costs.

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

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CONCURRING AND DISSENTING

TUASON, J.:

Unnecessary cruelty is an aggravating circumstance but superior
force is not. The homicides or murders themselves, regardless of the manner in
which they were perpetrated, may and should in this case be taken to aggravate
the penalty. With this observation, I vote for the affirmance of the appealed
sentence.