THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. ANGEL BEATO, DEFENDANT AND APPELLANT.

Treason on four counts is the crime imputed to appellant upon the following
allegations of the information:

“1. That sometime in October, 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 wilfully, unlawfully, feloniously and treasonably
participate in the apprehension and arrest of one Lieutenant Leslie, an American
Naval Pilot who crashed into the Laguna de Bay, and thereupon, the said accused
did turn over the said Lieutenant Leslie to the enemy who brutally maltreated,
tortured and subsequently executed him;

“2. 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 wilfully, unlawfully, feloniously and treasonably lead, accompany
and participate in the 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;

“3. That between January 24, 1945 and January 25, 1945, both dates inclusive,
in the Province of Laguna, Philippines, the said accused, a member of the
Makapili, and 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 a group of armed Makapili members, did then and
there wilfully, unlawfully, feloniously and treasonably fight side by side with
a number of enemy soldiers who engaged in actual combat against the guerrilla
forces then operating in the Province of Laguna, Philippines;

“4. That in 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 in Luzon, and did stay and remain with the said enemy until his
apprehension and capture by the American and Guerrilla Forces.”

The People’s Court found appellant guilty on the first three counts and
sentenced him to life imprisonment with the accessory penalties provided by law,
to pay a fine of P10,000 and the costs, the accused to be credited with one-half
of the period of his detention.

Five errors are assigned in appellant’s brief. All of them raise question of
fact.

Ten witnesses testified for the prosecution and five for the defense. The
following is a summary of their testimonies.

Florencio Jaime worked as a librarian for the counter intelligence corps of
the United States army. He identified Exhibit A as the November 3, 1944 issue of
the “Tribune” borrowed from the CIC. The issue was substituted by a certified
copy of the article appearing on the top of the fourth column, page 3. He
identified Exhibit B as the copy of the articles of the association of the
Kalipunan Makabayan ng mga Filipino and the by-laws of the same filed in
the library of the counter intelligence corps. The document was later replaced
with a certified copy. The “Tribune” was published by the Manila Shimbunsya, a
Japanese-sponsored enterprise.

Buenaventura Dichoso testified that in October, 1944, a plane crashed in the
waters of Laguna de Bay. It was an American plane. Arsenio Batitis, accompanied
by Higino Sigue, “approached me and asked me to leave my work first to help him
catch an aviator.” Because the witness answered that he was too busy and
suggested that somebody else be called in his stead, Batitis struck him with his
fist and slapped him. Sigue struck him with the butt of his gun. “Then I went to
a boat,” where he found Angel Beato, Jose Almadovar, Luis Navea, Jose Alitagtag,
and Alejo Tagasilang. When the boat arrived at the place where the plane had
crashed, the pilot, Leslie, was already in a banca belonging to people
from Cupang. “The American pilot was transferred to our banca” including
his things. The pilot gave some bullets 6f his pistol to Beato asking him to
give them to the men of the other banca, but Beato kept the pistol with
the bullets. The witness suggested that the pilot be brought to Hanusa,
Binangonan, and Beato said that it was necessary to kill the witness who
afterwards kept quiet. Almadovar exchanged clothes with the pilot. On the way to
Santa Rosa, at about fifteen meters away from the shore, the group met a
banca occupied by Japanese soldiers and Filipino scouts. The aviator was
made to lie down at the bottom of the banca and was covered with a
papag. As the banca reached the beach, Beato lifted the
papag and told the Japanese “Here is an American.” The Japanese jumped
into the water, pulled the banca towards the shore, told the pilot to get up and
tied his hands behind his back. There were around thirty Japanese soldiers. The
last that the witness saw of the pilot was when he was aboard a truck. He
reported what happened to Mayor Alinsod. The Japanese gave seven gantas of rice
as a reward to Beato. The witness was a guerrilla. The witness did not tell the
American flyer that those in the banca were enemies because he does not
know English. Before the war the accused was a Sakdalista. It was Captain
Alinsod who told the witness that the name of the pilot was Leslie sometimes in
1945. In 1942, the witness belonged to the Marking’s guerrilla. In February of
that year he was arrested by the Japanese and after his release he was given
papers of the ROTC by Captain Alinsod.

Sancha Sayao testified that on the morning of November 16, 1944, appellant
and other Makapilis were in her home tying her husband Antonio Alumno.
There were about ten Makapilis dressed in Japanese uniform with rifles.
Three Japanese soldiers accompanied them. They also arrested her father-in-law
and Jurado Alumno, witness’s brother-in-law. Angel Beato was with the
Makapilis and Japanese soldiers. Since then the witness had not heard
anything about her husband and brother-in-law. The arrest took place at two
o’clock in the morning in the barrio of Masiit, Santa Rosa. The night was dark
but the Makapilis had three candles lighted inside the house. One
Japanese opened the wardrobes and made a search.

Canuto Velandres testified that in October, 1944, a plane crashed in the
Laguna lake. The pilot was rescued in a Makapili banca. Among the
Makapilis in the banca were Angel Beato, Luis Navea and Jose
Almadovar. There were two bancas and in one of them were Jose Almadovar,
Melchor Tenorio and Ricardo Beato. When the banca reached the shore, the
American aviator was uncovered by Angel Beato by removing the papag
covering him. Beato pulled the hands of the American and delivered him to
Mikawa, a Japanese resident of Santa Rosa, accompanied by Japanese soldiers
carrying rifles. There were about thirty of them. Mikawa tied the American. The
witness does not know the name of the American flyer. Buenaventura Dichoso was
waiting with the witness at the shore when the banca bringing the
American flyer arrived.

Inocencio Alumno testified that Sancha Sayao is the wife of his son Antonio.
In the evening of November 15, 1944, the witness was at a gambling place. At
about ten o’clock that night he left the place. At about two o’clock in the
morning, the witness was awakened by someone calling his name. Somebody was
knocking at the door of his house with the butt of a gun and ordering the
witness to put out the light. There were many Filipinos in Japanese uniform with
whom were Lino Sigue, Arsenio Batitis and Captain Mikawa. The witness climbed to
the roof of the house followed by his son Antonio, but almost immediately they
were followed by Filipinos in Japanese uniform who overtook them. Among the
Filipinos in Japanese uniform was Angel Beato. “They took me down, first to the
floor of the house and then to the ground where they made me extend my hands and
tied them at my back. Then two sons of mine came down and they were present when
I was tied up, but they had to leave because the Filipinos and the Japanese told
them Kura Kura * * *. Hinosigue tied me up and he was with Angel Beato. I was
taken out and while going towards the truck I was able to untie the rope, but I
pulled the rope just to show them that I was still tied up and I thought of
escaping just as soon as I could have an opportunity. While they were taking me
to the truck I succeeded in escaping; passing right in front of the truck
because there was no other way. I went direct to the mountains and from there
sent word to my family advising them of my escape. Two days afterwards I
received information to the effect that my sons were also taken that same
evening by the same group of people.”

Ambrosio Villares testified that on January 24, 1945, he saw the accused at
the crossing at Balibago, Santa Rosa, with a group of about sixty persons
dressed in Japanese uniforms and carrying Japanese rifles. With them was the
Japanese Mikawa. The group was going to the barrio of Santo Domingo near the
mountain. Esteban Cidamor testified that he was in the company of Ambrosio
Villares and testified substantially the same as the latter.

Exequiel Declaro testified that on January 24, 1945, he saw the accused in
barrio Santo Domingo, Santa Rosa in a group of not less than fifty persons,
including more than twenty Japanese soldiers. The accused was wearing a Japanese
uniform. The group begun making arrests and locked up the arrested persons in
their headquarters. The witness went to get more guerrilla soldiers for
re-enforcement. About five hundred arrived. They attacked the Japanese and the
Filipino scout battalion. The encounter took place from six to eight o’clock in
the morning. The accused was by the side of a Japanese machinegun which he was
firing. The Japanese and the Makapilis, after suffering casualties—four
Japanese soldiers and two Filipinos killed—retreated, without throwing first
hand grenades. One of the guerrillas was wounded, but nobody was killed.

Pedro Basco testified that between October, 1944, and February, 1945, he used
to see the accused working in the Makapili headquarters in the barrio of
Aplaya, Santa Rosa. By order of Arsenio Batitis, the accused confiscated palay
and went on patrol looking for guerrillas to arrest them. In October, 1944, an
American airplane crashed in the lake. The aviator was taken into a banca
and when the banca arrived at the shore the accused advised the Japanese
in another banca by telling them in Tagalog, “We have already got the
American aviator.” The Japanese brought up their banca and surrounded the
one where the American was. The accused lifted the papag covering the
American. The aviator was delivered by the accused and Jose Almadovar to the
Japanese. In the month of February, 1945, when the Americans were already,
approaching Santa Rosa, the accused was with the Japanese who retreated. The
accused is a Makapili and formerly a Sakdalista.

Lourdes Dominguez, a granddaughter of General Artemio Ricarte, testified that
she is very familiar with the signature of her grandfather and identified the
latter’s signature on page 3 of Exhibit B-1, the articles of incorporation of
the Kalipunan Makabayan ng mga Pilipino. She also identified the
signature of Aurelio Alvero who once wrote a poem to her in which Alvero signed
in the way appearing in the document. She also identified the signatures of
General Artemio Ricarte and Aurelio Alvero appearing on page 4.

Angel Beato, the appellant, testified that he was a chauffeur of the Biñan
Transportation at the outbreak of the war. He went to Bataan, where he was
assigned to drive automobiles for officers and was able to return home in April,
after the surrender of Bataan. Then he worked as a washing boy in a truck of
Vito Puzon. In October, 1944, he was invited by barrio lieutenant Luis Navea and
police officer Jose Almadovar to go with them. Appellant refused at first, but
Almadovar told him that it was on orders of the Japanese and whoever should
refuse would be reported to the Japanese. Appellant went along to a place where
they met Buenaventura and Feliciano Dichoso. They got a banca.
Buenaventura was at the bow guiding the way to find the place where the plane
crashed. At a distance of about thirty meters away from another banca,
Buenaventura shouted to the people therein not to move. Buenaventura boarded the
other banca and upon seeing the American flyer he told him, “I am looking
for you.” When the American stood up he had his parachute on. Buenaventura took
him to the banca where the accused was, and he asked the American for his
arms. The pilot said it was in the other banca. Buenaventura took the
revolver. The accused was at the time rowing. The American gave some candies to
Buenaventura and the others in the banca. Buenaventura was the one who told the
American to get under the papag. At the shore, when the Japanese arrived,
Buenaventura called for them pointing to the American under the papag.
Appellant told Buenaventura not to give or make signals to the Japanese but
Buenaventura said “Never mind we will be the one to deliver him because I was
considered a bad element before and I want to make up my record.” The American
was taken by the Japanese and brought to a truck. The Japanese gave one sack of
rice to Buenaventura, who gave three gantas to appellant. The other companions
in the banca were also given rice. Appellant denies having helped in the
apprehension of Antonio and Jurado Alumno and of delivering them to the Japanese
who killed them. He does not know anything about their arrest. He denies being
affiliated with the Makapilis, about which he does not know anything.
Appellant was in Manila buying tobacco when he was arrested. Witness Pedro
Basco, is angry with appellant because since May 2, of several years ago, he has
been accusing appellant of having joined the Sakdalistas when it is not
true. Buenaventura Dichoso testified against appellant because they were rivals
in connection with a woman, who was won by appellant, making her his common-law
wife.

On cross-examination, appellant testified that he was accused as one of the
Sakdalistas in a case in which Pedro Basco testified against him. He is
not sure whether he was sentenced or not. He was brought to Bilibid and confined
there, but was later released. When Lieutenant Leslie, the American pilot, was
captured, he had an overall. Appellant knows Japanese Mikawa who was sometimes a
passenger in a truck driven by him.

Bonifacio Tatlonghari testified that he had a truck before and appellant was
his driver. From 1942 to 1945 he used to see appellant driving the car of Puzon.
Sometimes driving and sometimes helping the driver. One time, before the
Americans came, appellant went to the house of the witness to tell him to send
his son away because he will be killed by the Japanese. Because he trusted
appellant, the witness sent away his son who went to the mountains with the
guerrillas.

Pedro Alinsod testified that he went with the accused to Bataan when the U.
S. army commandeered the trucks of Biñan Transportation. The witness served as
driver of an officer’s car until the fall of Bataan. The witness was an
intelligence operative of the underground movement. Two weeks before the arrival
of the American forces, appellant warned witness to hide because he was wanted
by the Japanese, the same as their companions Adriano Tatlonghari and Primitivo
Malapitan.

Luis Navea testified that in October, 1944, Mikawa, a Japanese, asked the
witness to go to the place where an airplane clashed. The Japanese told him to
look for somebody to accompany him. The witness looked for some men because he
was afraid. He was not able to get anyone except appellant and Juan Alitagtag.
Buenaventura Dichoso volunteered to go with them, the same with his brother,
with one by the name of Alejo and Juan Almadovar. While in the banca,
Buenaventura told the witness, who was acting as a pilot, to direct the
banca to a place where Buenaventura said the American was. Rowing were
Almadovar, Alitagtag and appellant. Buenaventura jumped to the other
banca lifted the hands of the American pilot and transferred him to their
banca. At a little distance from the shore Buenaventura stood up and
signalled to a boat full of Japanese. When the Japanese came near, Buenaventura
lifted the papag with which he covered the American pilot, who was made
to stand up by the Japanese, tied and put aboard a truck.

Jose Almadovar testified that during the Japanese occupation he was a
policeman and in October, 1944, he was ordered by the Japanese to get the
American pilot whose plane crashed in the lake. The Japanese was Mikawa. The
witness and Luis Navea went together to look for companions and they found
appellant, Buenaventura Dichoso, the latter’s brother and another man. This
witness testified substantially the same as the one preceding him as to how the
American pilot was taken and delivered to the Japanese. On cross-examination the
witness testified that he was one of those who were convicted for the uprising
at Santa Rosa, Laguna, and sentenced to a minimum penalty of from 2 years, 6
months and 1 day to 6 years and 1 day of imprisonment, although he was pardoned
after a month of imprisonment. Among those who were convicted with him are
appellant Angel Beato and Arsenio Batitis.

From the evidence there should not be any doubt that appellant took part in
the capture of Leslie, the American pilot whose plane crashed in Laguna de Bay
lake in October, 1944, and in his delivery to the Japanese. The fact was
testified to by three witnesses for the prosecution, Buenaventura Dichoso, Pedro
Basco and Canuto Velandres, and by three witnesses for the defense, Jose
Almadovar, Luis Navea and appellant himself. There is a discrepancy among the
witnesses for the prosecution whether Buenaventura Dichoso went in the
banca which took the pilot to be delivered to the Japanese or remained at
the shore of the lake, but that discrepancy is of no significance at all as
appellant and his witnesses testified that appellant went with the party that
fetched Leslie from the rescuing banca to be later delivered to the
Japanese.

Appellant and his witnesses tried to prove that it was prosecution witness
Buenaventura Dichoso who led the party that brought Leslie from the rescuing
banca and delivered him to the Japanese and it was said witness who in
fact made the delivery of the pilot. The testimonies of the prosecution
witnesses on this point appear to us more credible. But even granting the
hypothesis that the leading role attributed by the prosecution to appellant has,
in fact, been performed by Buenaventura Dichoso and not by appellant, there
still remains the fact that appellant had voluntarily joined the party and,
therefore, assumed full joint responsibility for all that the party did. The
delivery of the American pilot to the Japanese was a clear case of giving aid
and comfort to the enemy and adherence to same. There is no doubt in our mind as
to appellant’s guilt on the first count of the information.

Regarding the arrest of Antonio and Jurado Alumno which took place on
November 16, 1944, made by a party of Japanese and Filipino Makapilis,
mentioned in the second count of the information, two’ witnesses were called by
the prosecution: Inocencio Alumno, the father of the arrested brothers, and
Sancha Sayao, the wife of one of them.

Inocencio Alumno testified that he was arrested by a party of Japanese and
Makapilis but was able to escape. After his escape he heard that his two
sons Antonio and Jurado were taken by the Japanese and were never heard of again
until sometime after the liberation, when he was able to identify their bodies
at an exhumation. Sancha Sayao testified corroborating her father-in-law with
respect to his arrest. She testified also as to the apprehension of her husband
and brother-in-law after the escape of Inocencio Alumno. Her testimony as to the
brothers’ arrest has not been corroborated by any other witness.

We are constrained to acquit appellant on the second count of the
information. The two-witness rule was not satisfied by the prosecution as to the
arrest of Antonio and Jurado Alumno, the testimony of Sancha Sayao as to the
said fact not having been corroborated by any other witness. It is true that two
witnesses, Inocencio Alumno and Sancha Sayao, testified as to the former’s
arrest, but we cannot consider said arrest as a basis to convict appellant, as
the fact is not alleged in the information and appellant stands not indicted for
the apprehension of Inocencio Alumno.

As to the third count, two witnesses for the prosecution, Ambrosio Villares
and Esteban Cidamor, testified that on January 24, 1945, they saw accused in a
group of around sixty Japanese soldiers and Makapilis in Balibago, Santa
Rosa, and on their way to barrio Santo Domingo. Appellant was dressed in
Japanese uniform. As to the actual combat between said mixed group of Japanese
and Makapilis and guerrilla forces in barrio Santo Domingo, no one
testified to it except Exequiel Declaro. Although said witness testified that he
saw appellant by the side of a Japanese machinegun with which he was firing
against the guerrilla forces, we may take it as though Declaro had not testified
at all, as the law requires two witnesses for the prosecution to prove an overt
act of treason. The prosecution advances the theory that the essence of the
charge in count No. 3 is that the appellant acted as the enemy’s agent,
confusing one of the conclusions of the information .with the specific charge in
the third count, that of appellant’s taking part by .the side of the Japanese,
in an encounter against the guerrilla forces, a charge which the prosecution
failed to prove under the two-witness rule.

The prosecution presses for the reversal of the lower court’s dismissal of
the fourth count of the information. We deem it unnecessary to pass upon the
question, as even if we should sustain prosecution’s contention it will not
change appellant’s responsibility nor give ground to increase the penalty
imposed by the People’s Court.

For all the foregoing, it appearing that, on the first count of the
information, it was proved that appellant is guilty of treason as punished by
article 114 of the Revised Penal Code, and the appealed judgment is in
conformity with the law, the appealed decision is affirmed with costs against
the appellant.

Moran, C.J., Feria, Pablo, Hilado, Bengzon, Briones, Padilla, and
Tuason, JJ., concur.

PARAS, J.:

I reserve my vote; the decision in the Laurel
case is not as yet final.