THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. PRIMITIVO OSI, DEFENDANT AND APPELLANT.

This is an appeal from a judgment of the Court of First Instance of the
province of Quezon, which found Primitive Osi guilty of treason in all the five
charges contained in the information and sentenced him to suffer the penalty of
reclusion perpetua, with the accessory penalties of civil interdiction
and perpetual absolute disqualification from public office, to pay a fine of
P15,000 and the costs.

This appellant is a native born Filipino citizen, married and a resident of
Sariaya, province of Quezon, formerly enrolled in the first year of the high
school and, before the last war, was an employee of the Manila Electric Company
as lighting inspector. From Our perusal of the record, We find that the
prosecution has established the following facts in connection with each
count.

Under the first count, it has been shown that between 1931 and 1935,
Primitivo Osi was the secretary of the Sakdalista Party in the municipality of
Sariaya under Benigno Ramos. At the beginning of the Japanese occupation, he was
the chief electrician of the Electric Light Plant in said municipality, and in
1943, Mayor Mendoza of Sariaya appointed him president of the Japanese
organization known as the neighborhood association in the barrio of
Mamala, Sariaya. On October 20, 1944, he voluntarily joined the “Mataichi
Kabushiki Kaisha,” otherwise known as Nacoco, as its foreman No. 3 with
a monthly compensation of P150. At the same time, he acted as interpreter of the
Japanese manager of the Nacoco. On January 31, 1945, Espiridion Saracas and
Leopoldo Luce, the first and second foreman respectively of the Nacoco.
having been killed by the guerrillas in Mamala, Sariaya, his Japanese employers
promoted this accused to the position of foreman No. 1, with the rank and title
of “Captain.” Since then, he had under his command between 300 and 400
Makapili soldiers of the Nacoco Military Police, whom he was
seen drilling regularly. Soon after appellant’s promotion, he and his soldiers,
jointly with the Japanese, were seen conducting punitive campaigns against
guerrillas and their sympathizers in the municipalities of Sariaya and
Candelaria; he and his men, without compensation, commandeered foodstuffs from
the residents of the neighboring barrios, which were turned over to the
Japanese garrison and the Nacoco Military Police. In December, 1944,
this appellant posted his men at the main highways leading to the
poblacion of Sariaya in order to prevent the infiltration of the
guerrillas. Finally, upon the return of the Americans, Primitivo Osi and his
Makapili soldiers, with the Japanese civilian officials of the
Nacoco, retreated to the Sierra Madre mountains in the province of
Laguna and with his Japanese masters surrendered to the American forces.

In support of the charge made in this count, several witnesses were put on
the stand for the prosecution. Leonila Albiela, a resident of Candelaria,
province of Quezon, testified that she knew Primitivo Osi as captain of the
Makapili Filipino soldiers who caused the arrest of guerrilla,
suspects, and ordered the burning of houses. Captain Osi was seen by her always
carrying a revolver and a hand grenade. She learned that her sons and
daughter-in-law were arrested by the Makapilis and upon receiving such
information she visited Captain Primitivo Osi in his headquarters. Osi told her
that he caused their arrest because they were suspected as guerrillas. Upon her
supplications, Captain Osi told the witness that her sons and daughter-in-law
would be released provided they leave the poblacion of Candelaria. After having
been detained for about four days, the suspects were in fact released, but were
soon arrested again.

At about midnight of Sunday, February 11, 1945, Captain Osi came to the house
of the witness to re-arrest the same persons who have been released, namely,
Iñigo Javier, Bernardo Javier, Rufino Javier, Crisanto Cristobal, Jovito
Albiela, Marcelo Castillo, Ananias Dimayuga, and the brothers Quintin and
Simeon. Upon the suggestion of one of the Makapili soldiers, the
witness, Leonila Albiela, went to the Makapili garrison with food for
the captives. After the second arrest of those persons, the witness never saw
them again and neither knew what happened to them. Replying to questions
propounded by the court, the witness said that Captain Osi was always seen in
the town of Candelaria giving commands to his soldiers, the Makapilis. At about
midnight of Sunday, February 11, 1945, the Makapilis burned the houses;
led by Captain Osi, they were seen holding dried coconut leaves which they used
as torches to burn the houses of the poblacion for three consecutive
nights.

Another witness, Urbano Javier, husband of Leonila, landowner and a resident
of Candelaria, said that, although at the beginning he did not know his name,
Primitive Osi became a familiar figure in the torn of Candelaria since January,
1945. He became well-known in the town as a man who was in command of the
Makapili soldiers, who arrested persons suspected as
guerrilleros and took from their owners personal belongings, including
jewelry. He was responsible for the arrest and detention of many persons
including his brother Iñigo Javier, his son Rufino, his nephew Bernardo and
Jovito Albiela, and also Crisanto Cristobal, Ananias Dimayuga, the brothers
Quintin and Simeon and one by the name Castillo. He had been inquiring about the
means to secure their release and he was referred to Captain Osi. Captain Osi
told him that they would be released provided they leave the poblacion
of Candelaria. In the morning of Sunday, February 11, 1945, the persons arrested
were released. But at midnight of the same clay, they were arrested again and
conducted to the house of Dr. Nadres, which was being used at that time as the
Makapili garrison. The witness went to the Makapili garrison
and approached Captain Osi who promised that he would do his best for the
release of those persons.

A third witness, Marcela Asinas, a resident of Candelaria, strongly
corroborated the two previous witnesses regarding the arrest of the above-named
persons and the fact that after their second arrest they have not returned to
their homes and have never been seen alive again.

Count No. 2. Two witnesses were placed on the stand to testify for
the prosecution in support of this charge. Clemente Vallecer, a landowner of
Sariaya, stated that at about 5 o’clock in the afternoon of February 1, 1945, in
company with Japanese soldiers, a group of about five Makapilis of the
Nacoco Garrison, Sariaya, under the command of Captain Osi, called at
his house in Sariaya. Captain Osi and two of his Filipino soldiers were each
armed with a .45 caliber revolver. They took along his son Dominador Vallecer on
the pretext that he was a guerrillero. In the morning of February 2,
1945, the witness found the body of his son in the barrio of Pili with
14 bayonet urounds, together Tilth the bodies of other victims, Dr. Wenceslao
Rodrigo, Dominador Lopez and Eusebio Cortez. Captain Osi, who was leading the
party of soldiers who arrested and killed his son, was known to him for the
previous ten years, had become the head of the Nacoco garrison at Sariaya
sometime in January, 1945, and had under his command between 300 to 400 Filipino
soldiers. The witness further stated that on another occasion, a group of
Makapili soldiers with four Japanese soldiers arrested and killed 15
persons, residents of Sariaya.

The second witness Francisco Lopez, testifying in connection with this second
count, said that he was the father of Dominador Lopez, one of those persons who
were massacred by the Makapilis in the barrio of Pili on February 1,
1945. His son was arrested by pro-Japanese Filipinos including Captain Primitive
Osi, Bedoyo, Zoilo Remeyo and Florio Ortiola and brought to a nearby barrio and
bayonetted to death. At about 8 o’clock in the evening of said day, Dominador
Vallecer passed in front of his house under the custody of Primitive Osi and his
soldiers. The appellant, with whom he was acquainted since 1932, was armed with
a .45 caliber revolver. His son Dominador and Dominador Vallecer were arrested
on suspicion of being guerrillas. The so-called Nacoco garrison composed of
Japanese collaborators, and organized as a military group under the command of
Captain Osi, without compensation commandeered foodstuffs for themselves and the
Japanese members of the garrison in Sariaya and guarded the highways leading to
the poblacion of Sariaya to prevent the infiltration of guerrillas.

Count No. 3. Three witnesses, namely, Leonila Albiela, Urbano Javier
and Marcela Asinas, who testified in support of the first count, also gave their
statements in connection with this count. According to Leonila, her sons Rufino
and Iñigo Javier and her nephews Bernardo and Jovito Albiela, who were arrested
by the Makapilis under Captain Osi on suspicion of being guerrillas,
and who were detained at the garrison for four days and released, to be
re-arrested a few hours afterwards, by order of the appellant, were brought by
the Japanese to the municipality of Tiaong where they were killed; in fact, up
to the time of the hearing of this case they have not been heard from. 3he also
testified in connection with the burning of the houses in the business district
of Candelaria, and in the barrios of Pahigna, Sta. Catalina and
Kinatahan of the same municipality, when the Makapili soldiers of the
appellant, with dried coconut leaves, set fire to the buildings and houses in
obedience to the command of Captain Osi. The accused was also seen zonifying the
town of Candelaria, on which occasion several persons were arrested, brought to
the Japanese garrison and were presumed to be killed by the Japanese, because of
the fact that they were never seen nor returned home.

The testimony of the second witness, Urbano Javier, is of the same tenor, it
being practically a repetition of the narration made by his wife Leonila
Albiela. This witness made reference, however, to the arrival of Captain Osi and
his Makapili soldiers in December, 1944, when they fired a machine gun
at the cockpit, and as a result of which, a woman on the family way, was
killed.

The third witness, Marcela Asinas, confirming the declarations of Leonila
Albiela and Urbano Javier, said that on February 7, 1945, six Japanese soldiers
with fixed bayonets and several Filipino soldiers commanded by Captain Osi,
arrested several persons including her son Ananias Dimayuga. On that occasion,
appellant was armed with a .45 caliber pistol and a hand grenade. Those persons
were arrested on suspicion of being guerrilleros and although they were
released after having been detained during four days, they were immediately
re-arrested, brought to Tiaong and since then have never seen alive again or
heard from.

We now come to the consideration of Count No. 4. Corazon Siscar, a public
school teacher of Candelaria, testified that at about 6:30 p.m. of February 11,
1945, her husband Gregorio, together with Father Raymundo Esquinet, a Belgian
priest, Isabelo Martinez, Juan Nadres and Florencio Abaca were arrested by a
group of ten or eleven Makapili soldiers, accompanied by five Japanese
soldiers under the command of Captain Primitivo Osi. Her husband Gregorio was
charged with being a guerrillero; his hands were bound and, with his
companions, was brought to the headquarters of the Japanese garrison, and then
taken to the barrio of Taguan, Candelaria, and bayonetted to death. She
learned of the killing of her husband from her cousin Juan Maala who was made to
drive a carabao cart which brought the prisoners to the place of their
execution. In May, 1945, she recovered the remains of her husband in Taguan and
identified the same by a wedding ring which the deceased was wearing when he was
taken by the appellant and his soldiers. She also found in the same place the
remains of other victims, Father Esquinet, Isabelo Martinez and Florencio
Abaca.

Luisa Arceo de Abaca, widow of Florencio Abaca, one of the victims of
appellant and his soldiers, testifying about the arrest of her husband and his
companions by a group of Makapilis under the command of appellant, said
that the deceased Florencio Abaca was a guerrillero. Florencio and his
companions were brought to the barrio of Taguan where they were bayonetted to
death. Juan Maala who was present at the execution of Florencio Abaca and his
companions informed Luisa about it and sometime after their killing, she
recovered the remains of her husband and was able to identify the same by a
badge which the deceased was carrying. She likewise stated that she saw the
remains of Father Esquinet, Isabelo Martinez, Gregorio Siscar and Juan Nadres.
Leonila Albiela, testifying in regard to this count, stated that Father Esquinet
and his four companions were arrested and executed by order of appellant. Father
Esquinet was executed because he was suspected of having in his possession an
American flag.

The fifth count was proven by the prosecution by the testimonies given by
Arcadia de Ramos and Mariano Medrano. Arcadia de Raraos, an octogenarian,
declared that on February 13, 1945, in the barrio of Malabanban,
Candelaria, she was in the house of Mariano Medrano. In the evening, three
Japanese soldiers and four Filipinos with appellant Primitivo Osi raided the
place and brought along Mariano Medrano and ten members of his family. The
witness was left behind because she was too old to be able to walk with the
party. Before leaving the premises, appellant who has given order to his men,
ordered that the house of Medrano be burned and his men: did it. Appellant,
carrying a firearm, ordered his men that only inmates of the Medrano house be
bound and as a result of that raid they arrested and took along with them
Silvestre Alcantara, Maria Alcantara, Ceferino Manalo, Mariano Medrano and ten
members of his family. The captives were conducted to the Japanese garrison and
one week afterwards they were brought by the Japanese Makapili to the
barrio of Sta. Catalina where they were killed and buried in a
foxhole.

Mariano Medrano, one of those arrested in the raid conducted by appellant and
his men at about 2 o’clock a.m. of February 13, 1945, testified that it was the
appellant who ordered a Filipino Makapili soldier by the name of
Abundio Belmo to tie all the inmates of the house. With the exception of Arcadia
de Ramos, the rest of the family were brought by the raiders to the garrison at
Pulong Niogan. During the raid, some people made an attempt to escape but were
fired upon by the appellant and his companions and thus several persons were
killed, including Paulino Medrano, brother of the witness, and Genara Magpantay,
his mother. They were suspected of being connected with the underground movement
and before leaving the house, on orders of the appellant, the raiders burned the
same. Upon reaching the barrio of Pulong Niogan, the raiders had
already burned about 50 houses. During those operations, the appellant was on
horse back and was carrying a revolver. There were about 50 captives who were
bound by the hands together, and upon reaching the place, they were brought to a
foxhole made near the garrison and were killed en masse by the Japanese
and Makapilis. This witness was among those persons who were bound to
be executed, but fortunately was able to escape before reaching the place of the
execution.

Appellant, testifying in his own behalf, admitted that between 1930 and 1935,
he was the secretary of the Sakdalista party under Benigno Ramos in Candelaria;
he also admitted that in October, 1944, he voluntarily accepted employment as
foreman No. 3 of the Japanese Nacoco in Candelaria with a monthly
salary of P150, and acted as interpreter of the Japanese manager of the company
until the arrival of the Americans. He likewise admitted having drilled the
laborers of the Nacoco and having retreated with the Japanese officials
to the Sierra Madre mountains in the province of Laguna when the American forces
came to said province.

The rest of the testimony of appellant is a denial of all the charges made
against him. A defense witness, Simplicio Badillo, also an employee of the
Nacoco in that locality in 1943, stated that there was a raid conducted
by the Japanese in the barrio of Sta. Catalina, Sariaya, and as a
result thereof, several residents of the barrio were killed and
numerous houses were burned by the raiders; that the raid was conducted by the
Japanese because it was suspected as hideout of the guerrilla group of one
Medrano who testified for the prosecution in this case; in fact said Medrano was
arrested by the raiding party on that occasion. Nevertheless, Badillo claimed
that Primitive Osi was not in the raiding party on that occasion. The testimony
of Badillo was corroborated by Pedro Luna, a relative of appellant who stated
that Primitive Osi was not in the group.

As will be seen from the above, the main defense of this appellant consists
at mere denials of appellant’s participation in the treasonous acts imputed to
him in the five charges; and appellant, believing that he had succeeded in
side-stepping the imputations made against him by the prosecution, rested his
case. As aptly remarked by the Solicitor General, it is well established in the
law of evidence that affirmative testimony is stronger than negative. (Da Gala
vs. De Gala, 42 Phil. 77l). In the ease at bar, our detailed
examination of the testimonies given by the witnesses for the prosecution
convince Us that they were telling the truth and the facts established by their
respective testimonies clinch the case against this appellant.

It follows, therefore, that appellant has failed to substantiate his claim
that the lower court erred in its findings. On the contrary, the evidence
strongly show not only the adherence of this appellant to the enemy, but also
his having given him aid and comfort in the municipality of Candelaria in the
manner and form described by more than two witnesses who testified against him
in each of the five counts. (People vs. Adriano, 44 Off. Gaz., 4300;
Cramer vs. U.S., 65 Sup. Ct. 918).

In view of the above premises, We hereby affirm in toto the judgment
of the lower court, with costs.

Moran, C. J., Ozaeta, Pablo, Bengzon, Padilla, Tuason, Montemayor,
and Reyes, JJ., concur.

Moran, C. J., Mr. Justice Paras voted for the affirmance of the judgment appealed from,
but, on account of his being on leave at the time of the promulgation of this
opinion, his signature does not appear herein.

Feria, J., no part.