THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. MARGARITO CAMPOS (ALIAS DODONG), DEFENDANT AND APPELLANT.

PERFECTO, J.:


The witnesses for the prosecution testified in substance as follows:

Jovito Soria, 36, roarried, teacher, Clarin, Bohol, testified that in the
early part of July, I948, at about 4:00 o’clock at dawn, the witness was
awakened in their evacuation place in Clorin by a shout not to move to avoid
losses. Then Antonio Racaza, with the accused, “rushed to our door with one
Japanese coming from the window” with a flashlight. Racaza had a flashlight.
They were looking for Benito Soria and the witness answered that there was no
Benito Soria there but only Jovito Soria. (1,2 ). A Filipino outaide said, “That
is the one.” Racaza told the witness to stand up and tied him with rope at the
back near the window. The witness was tied by Campos and other Filipino
undercovers. The witness Has asced: “Sondaro, sondaro?” to which he answered;
“No, I, there is no single soldier.” Campos boxed hin in the stomach and he
fainted. The witness had been inducted as civilian soldier and as signal officer
in charge of the telephone. Arrested with the witness was Leonilo Mercado, Mayor
of Sibonga. (3). Early in the aornins he was brought to the chapel of Clarin.
Leonilo Mercado was arrested in his house, but when the witness was brought
there, Mercado was not there anymore. When Leonilo Mercado and the witness were
inside the chapel, they were boxed by the accused and others, (4). From the
chapel they were brought to Inabanga and confined in the municipal jail therein.
After two or three days, the accused and one Japanese officer brought the
witness to the Home Economics school building of Inabanga and he was forced to
surrender arms, and because the witness had no arms he was boxed by the accused.
(5) The accused whipped him also. The accused was in the Kempei-Tai,
and used to go armed and with the Japanese to make arrests. (6). Yamagochi
brought the witness back to Clarin where he was detained for about two weeks.
(7).

Abundia Soria, 34, married, Clarin, testified that the accused was among
those who arrested her husband In their evacuation place in Catongan, Bonbon,
Clarin, about the first of July, 1944). Her husband was tied by the acciised
Jesus Campos, Teofilo Labra, Ati Adlawan and Antonio Racaza, but the witness
does not lenow where they brought him. The witness was left in the house.
Leonilo Mercado was also arrested. Her husband was a soldier of the guerrilla.
Perhaps he was maltreated because the witness heard shouts of pain. The witness
saw her husband again in the chapel. (18). There she saw also Leonilo Mercado,
with bruises and bleeding. The accused was arned. She saw her husband when he
carae back from Inabanga, he was one of the prisoners in the Kempei-Tai
headquarters in Clarin. (19). One of the prisoners was Leonilo Mercado. (20).
Her husband cried of pain because he was maltreated among others by the
accused.

Donato Apricio, 44, married, policeman of Clarin, testified that on the
morning of July 1, 1944, he saw in the chapel Jovito Soria and Leonilo Mercado
who were tied, followed by two undercovers and Japanese. The ” accused was one
of the undercovers. The witness saw the accused in the school building of
Clarin. He was a member of the Tempei-Tai. (23). He was issuing passes to
civilians. The witness was a policeman under the Japanese. He was trusted ;aan
of the Mayor. The accused always joined the Japanese patrol for the purpose of
apprehending guerrilla soldiers. Those arrestid were taken to the Tempei-Tai
headquarters and investigated. (23). Mercado and Soria were brought to the
chapel at 7:00 o’clock in the morning. (24).

Romualdo Tukib, 28, married, church
clerk, Clarin, testified that in July, 1944, at about 10:00 o’clock in the
evening, the accused and other undercovers investigated the witness concerning a
telephone apparatus. They took him to the Tempei-Tai headquarters, where he saw
Jovita Soria as prisoner together with undercovers and Japanese. The next day,
he saw the accused whip Jovito Soria. The accused boxed and kicked the witness,
blaming him for the telephone apparatus. (25,26). The witness was not a
guerrilla. The accused was armed. He used a leather belt in whipping Jovito
Soria, who was arrested ahead of the witness. The witness is blind on the left
eye. (28).

Jose do la Cerna, married, customs inspector, Cebu City, testified that on
July 29, 1944, there was a bloody struggle which culminated in the mass arrests
of people in the vicinity of Doljo, Mambaling, Basak, up to Talisay. The witness
was arrested in his house in Basak by two Japanese soldiers. He was told by the
Japanese soldiers to proceed to the schoolhouse immediately as there was a
meeting there. The two Japanese soldiers left his house and immediately went to
the other houses. When the witness arrived at the Basak school he saw many
persons already sitting. The newcomers were segregated from the group. Filemon
Delgado, an undercover, went with a boy to the witness’ group and asked him. to
tell who are those connected with the guerrilla and those who contributed money.
The boy pointed to the witness as one of the suppliers of the guerrilla and
indicated the person who was the messenger of Governor Abellana connected with
the guerrilla. Delgado dragged the witness from the group and brought him to
Watanabe who boxed him. The witness fell to the ground, and Antonio Racaza
stepped on his throat. He became unconscious, and when he recovered
consciousness he was brought to the school with his hands tied behind his back.
Roberto Bautista, another undercover, started investigating about Governor
Abellana and the witness brought Domingo. Roberto Bautista beat him with a
wooden stick. Other undercovers, unknown to the witness, told Bautista that the
witness was connected with the Cebu customs house and had firearms. There were
many who were investigated and were later killed in Toong. (28-31).

Guillermo Cañizares, 56, married, farmer, Sibonga, Cebu, testified that he
knows the accused who is also known as Dodong. On May 7, 1942, the accused, with
Jesus Campos and Olando confiscated witness’ shotgun to be surrendered to the
Japanese. The accused and companions said that the confiscation was on orders of
the Japanese. (36) Jesus Campos stated that he was working under the Japanese
intelligence division and that his companions were under him. (39, 40).

Roberto Lariosa, 1946, single, public school teacher, Sibonga, Cebu,
testified that on May 5, 1942, on the way to barrio Taloot, Jesus Campos
accompanied by the accused snatched his revolver. Showing something written in
Japanese characters, Jesus Campos said that it was the authority given to him by
the Japanese to confiscate all firearms for the Japanese. (44). And that the
accused was his subordinate and that both were working for the Japanese. At that
time the accused did nothing. (45). The incident happened at 4:00 o’clock in the
afternoon. (46).

Kong Niko, 47, married, merchant, Sibonga, Cebu, testified that he knew the
accused since he came to the Philippines in 1915. On May 7, 1942, Jesus Campos
and the accused went to Toong, where the witness was harvesting his corn at the
time and told him to surrender his revolver, otherwise the Japanese general
would bring two carloads of Japanese soldiers to the place. Jesus Calapos and
the accused were both carrying a pistol. 0+9,50). The witness delivered his
firearm to Jesus Campos. The accused said that the Japanese ordered him to
confiscate the firearm. ( On cross-examination the witness testified that,
although he arrived from China since 1915 he came to know the accused in 1925-
(52).

Tereso Sanchez, 26, married, laborer, Mambaling, Cebu City, testified that on
July 29, 1944 the civilians in Mambaling were apprehended and grouped together
and whoever was pointed as a soldier by an undercover named Boy was tied. The
accused was present and gave blows to the soldiers. Jose de la Cerna was in the
school building of Basalt where he was tied and beaten with an iron pipe by the
accused. The witness slept in the school building of Basak. The next morning,
July 30, those who were apprehended were made to go down from the school
building. Tsuriyama, the head of the Kempel-Tai, ordered them to be brought to
the mountain of Toong,where they were killed. Among the undercovers present were
Antonio Hacaza, Julio Nolasco, Vicente Cobarrubias, Filemon Delgado, (56-59),
Perfecto Labra, and others, When they reached the mountain, all those
apprehended were ordered to sit down. Ten minutes later, the witness heard the
report of a pistol. Then the Kempei-Tai leader ordered them to go to
the firing line and upon arriving there the witness saw one of his companions
who was killed, not knowing by whoa. Before the witness was shot, he saw the
accused kill Dodong Martinez. Dodong Martinez was made to turn his back. The
undercovers took their pistols and asked Dodong where his arms were. Dodong
could not tell because he was not a soldier. He was shot. (60). The accused used
a revolver. There were about 17 who were killed. What they did to the witness
was similar to what they did to Dodong Marti- nez. He was shot by Fileraon
Delgado. “I was hit on the back of my neck on the left side and the bullet went
out on my choek under the left eye.” As a result, the witness lost the sight of
his left eye. The witness showed a scar on the left side of the neck but no scar
was found below the left eye. (61l). The bullet hit him on the nape of the neck
and went out below his left eye. (65). Below the left eye the witness showed an
elongated scar, about, two centimeters just on the rim of the lobe of the eye.
(67).

Dionisio M. Flores, 51, married, physician, Cebu City, testified that he
finished medicine in Santo Tomas University in 1921 and has practiced medicine
since then. He practiced surgery for three years in the hospital. The scar on
the left lower naps of Tereso Sanchez is probably due to a bullet wound. It is
hard to determine whether the scar below the left eye is due to a bullet wound
or some other weapon. It is possible that a bullet could have made its exit from
the left eye, and that it is possible for a man to live after having been hit by
a bullet, entering his lower left nape, and making an egress below the left eye
if it did not touch any important vessel. (69, 70, 71). The witness said that it
is quite hard to determine whether the scar below the left eye of Tereso Sanchez
is due to a bullet wound or to a surface wound. He.did not examine Sanchez at
the time he received the wound. It is hard to determine if the scar is due to a
wound which was the egress of a bullet. (78).

Antonio de la Cerna, 28, married, laborer, Cebu City, testified that at 7
o’clock in the morning of July 29, 1944, he was arrested by undercovers in
Alaska, Hambaling. He was ordered to group together with others in Mambaling and
he saw several undercovers, including the accused, who was one of those who
boxed him. He also maltreated others. (80). The leader of the Japanese Subitai
arrived. lie went to a house at the plaza in front of the chapel of Mambaling
and ordered the arrested persons to form a line one by one, and then ordered
them to walk with their face turned to the left. Behind the Japanese leader
there were two persons placed in concealment in the house, named Boy and Tirzo,
who indicated who were soldiers and who were not. Boy told the Japanese that the
witness was a soldier. Then Campos tied him and asked him where his arms here.
Because the witness did not reveal his arms and said that he was a civilian,
Campos “boxed and kicked him. The witness was brought with others to the
schoolhouse of Basak, where he was tied and linked together with others. (80).
At 7:00 o’clock the next morning, the witness and others were made to walk
towards Sandayong “barrio. There they found a man “bathing. He was arrested and
asked where his soldiers were. Because the man did not tell where the soldiers
were, he was tied, hanged and beaten. Then they were brought to Toong. (81). The
Japanese were making sketches of the place where the arrested per- sons were
going to be killed. They were asked for their arras and those who did not reveal
theirs were killed by the undercovers and the Japanese. The accused killed
Dodong Martinez. (82). He tised a revolver. (83).

Before the evidence for the defense, the accused admitted that he is a
Filipino citizen. (85, 86).

The witnesses for the defense testified in substance as follows:

Bernarda Regodon, 28, married, Sibonga, Cebu testified that she heard that
the accused was captured by the Japanese together with Jesus Campos. (87).

Mariano T. Jaucian, 35, married, testified that the first time he saw the
accused he was being held by the Japanese as a military prisoner, the same as
Jesus Campos and Silvino Centeno. That was way back in 1942 At that time the
witness was in the Cebu police attached to the Japanese military police. After
two or three months, the prisoners were forwarded to Manila.(90) The accused was
investigated by Sergeant Tagashi Yoshida at the Snead dormitory. He was severely
maltreated with a baseball bat, required to stand with a can full of water on
his head, and for every drop he allowed to fall he was’beaten, or maltreated.
(91). The accused fell unconscious three of four times. A Japanese doctor gave
him injections to revive him. (93).

Antonio Racaza, 25, single, testified that he knew the accused in Bohol, when
he was sent there by the Japanese. Yoshida entrusted him to Watanabe as a
prisoner in Clarin on July 25, 1944. The witness was the chauffeur of Watanabe.
(95). The accused was assigned to the Vuchen and slept in a room used as a
prison cell. He helped in the cooking of food and taking of water. He remained
there from the month of June to July 25, 1944 when he went to Cebu. (97).

Margarito Campos, 29, single, the accused, testified that on July 7, 1912, he
was arrested by the Japanese imputing to him the making of anti-Japanese
propaganda and espionage. He was arrested with Jesus Campos. They were taken to
Snead dormitory, served as a Japanese prisoner. Yoshida investigated them as to
the arms taken by Jesus Campos. (100). The accused was beaten with an indoor
baseball bat and was forced to lift a can full of water. Whenever he lacked
enough strength to hold the can, he was beaten. The operation took place for two
or three hours. The accused said that he took no part in the collection of arms.
He was confined in the Snead dormitory for more than three months. (101). On
September 26, 1942, the accused escaped, but three days later, September 29, he
was recaptured by the Japanese. He was again maltreated On September 29, 1944,
he was brought to the Japanese Subitai in San Carlos College where he was
forwarded to the Kempei-Tai which maltreated him. He was boxed, beaten
with the butt of the rifle by the Japanese officers and soldiers. He was asked
with regard to his excape. He was kept by the Japanese Kempei-Tai until
October 7, when he was sent to Manila. (102). He was sent with several
co-prisoners under heavy guard in a steamship. On arriving in Manila on October
7, they were brought to the Japanese military administration, at the Marsman
building. Then they were brought to the Bilibid Prison. (103) In December, 1942,
he was court-martialed together with lesus Campos and S. Campos for
anti-Japanese propaganda and espionage. The charge was not true. It was not true
that the accused is one of those who apprehended Jovita Soria, a school teacher
of Clarin. The witness was one of the prisoners brought to Clarin under the
custody of the Japanese Watanabe. it is not true that he arrested Cirilo
Hercado, mayor of Sibonga. He had not killed Dodong Martinez whom he does not
even know.. He was not present in the mass arrest in Basak on July 29, 1944,
because he was sent back to the normal school building where he was imprisoned
again. It is not true that he maltreated and tortured Jose de la Cerna. While
the accused was in Basak, the Japanese asked him whether he knew de la Cerna,
and he answered that he did not know him. (38). De la Cerna was asked if he knew
the accused and he answered no. The Japanese ordered them to push each other. It
is not true that the witness was present during the Basak roassacre or that he
had beaten de la Cerna with an iron pipe. (105). After the accused was
court-martialed in Manila, he was sentenced to seven years imprisonment, and in
January, 1943, he was sent to Bilibid Prison in Muntinglupa. (106). The
court-martial was presided over by five Japanese officers. There was an
interpreter. There was no prosecutor. The interpreter acted at the same time as
prosecutor. (108). There was no one who tes- tified against the accused. He was
made to answer the charges against him. Ko defense counsel was assigned to the
accused. He witnesses were presented against the accused. (110). The accused was
not allowed to present witnesses in his favor. The court-martial trial lasted
for half an hour. (111).

Felipe C. Moreno, 41, carried, goIdsmith, Cebu City, testified that the
accussed was staying with him when Jesus Canipos ordered this arrest. (12C). The
witness was not present viien the arrest took place. (120, 121).

Cornelio C. de los Santos, 35, single, attorney-at-law, resident of Sibonga,
testified that on July 16, 1942, when he was taken fron Sibonga to Cebu City, he
was placed in a cell where the accused and others rere confined. They were
together from July 16 to August 27 when the witness was transferred to the Cebu
Provincial Jail, as a prisoner of war. (124, 125).

Margarito Campos, recalled, declared that there was a high ranking officer of
the Philippine Army who was confined with him in the coll. It was Col. Emanuel
Baja, who wrote a poem, one dedicated to his wife who was a hostage at Fort
Santiago and the other “The Rosary” dedicated to Raymunda Guidote, his
prisonmate in- side the Bilibid Prison. They read as follows:

“PRISONER’S SONG (Dedicated to Mrs. Emmanuel Baja,
Fort
Santiago,Manila

“Resigned to fate and all I hope and pray
Throughout the long weary hours
of the day
Thus I measured my time from morn till night
Praying and
hoping for the Division Light.

“A night of waiting is soon passed and gone
Hopeless, yet a new hope
comes with each dawn.
Like waves although on shores or crags
breaking
Still keep on surging and keep on coming.

“As each hope dies one much stronger is born
Too on the wins in the early
morn
Soaring heavenward and reaching the sky
From whence it flies back to
earth with a sigh.

“Though dreams would wither and hopes fade away
Happy I greet the birth of
a new day
With brighter hope each time
A prayer sore sacred and more
sublime.

“However thorny, rough and dark is my way
Though cruel and brutal and
bitter each
passing day
I do not lose hope till end of my trail
Where
naught prevails and prayer will avail.

“ROSARY (Dedicated to Raymunda Guidote)

“The Rosary your hands have wrought
From old rags in your prison
cell
Recalls my good old thoughts of stories Mother used to tell
Of
parables told by Father, pious stories of olden time
Of prayer songs sung by
Mother raid of church bells telling their chimes.

“As the Angelus ushers the night when old folks
at home kneel and
pray
The vesper bells in the twilight at the close and end of the
day
Rosary, oppressed’s salvation, you have coursed divine life, light and
love
The illumination, true devotion and the glows from high above
And in
my misery I pray a new Rosary day by day
Be eternal, everlasting, forever and
ever
Amen.

“My guards may burn your Rosary
They may tear cross and beads apart
But
it will remain in my memory
For I enshrine it in my heart.”

The evidence on record has proved conclusively that appellant, a Filipino
citizen, as an undercover in the service of the Japanese, participated in the
arrest of Jovito Soria, a teacher who was inducted as civilian soldier and aa
signal officer, in charge of the telephone of the resistance movement, and that
he, on July 21, 1944, in the mountains of Toons, killed Dodong Martinez, one of
the civilians who as guerrillas were arrested in Mambaling on July 21, 1944, and
gathered first in the schoolhouse of Basak before being brought to the execution
ground in the mountains. Jovito Soria and his wife Abundia have testified about
the arrest of the first, and the killing of Dodong Martinez was testified to by
Tereso Sanchez and Antonio de la Cerna. As regards the alleged arrest of Leonilo Mercado, there is no satisfactory evidence that the accused tool: part in it.
There is conclusive evidence that he was one of those arrested and later
confined in the Japanese garrison in Clarin, but there is nothing to show as to
who actually effected his arrest.

The acts committed by appellant constitute the crime of treason as defined
and punished by Article 1944 of the Revised Penal Code. The lower court
sentenced him correctly to suffer life imprisonment, which should be understood
to be reclusion perpetua with the accessories of the law, and to pay a
fine of P10,000 and the costs.

The appealed decision is affirmed.

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