G.R. No. L-766. August 29, 1947
PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. NESTOR ENDRENEL, ACCUSED AND APPELLANT.
Decisions / Signed Resolutions August 29, 1947
TREASON.—All the elements of the crime of treason are
palpable—Filipino citizenship, treasonable adherence to the enemy with overt
acts of aid and comfort established by the two-witness rule. The defense is
meagre. It consists mainly in the unsubstantiated denials of the appellant and
his protestations of innocence on the ground of duress. However, other than his
own statements there is no proof of such duress. On the contrary, the narration
of arrests made by Japanese in which appellant participated, clearly shows a
voluntariness and deliberation in his conduct that could not have been so
naturally produced by force. The other testimonies presented by the defense are
based on the lack of knowledge of the witnesses that appellant was a
Makapili and that he acted as one. In short, there is no proof of
innocence to offset the prosecution’s substantial case. Held: Appellant
is guilty of treason.
palpable—Filipino citizenship, treasonable adherence to the enemy with overt
acts of aid and comfort established by the two-witness rule. The defense is
meagre. It consists mainly in the unsubstantiated denials of the appellant and
his protestations of innocence on the ground of duress. However, other than his
own statements there is no proof of such duress. On the contrary, the narration
of arrests made by Japanese in which appellant participated, clearly shows a
voluntariness and deliberation in his conduct that could not have been so
naturally produced by force. The other testimonies presented by the defense are
based on the lack of knowledge of the witnesses that appellant was a
Makapili and that he acted as one. In short, there is no proof of
innocence to offset the prosecution’s substantial case. Held: Appellant
is guilty of treason.