THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. ADRIANO BUELA, DEFENDANT AND APPELLANT.

This is an appeal from a decision of the First Division of the People’s
Court, convicting Adriano Buela, Filipino citizen by his own admission, of the
crime of treason, with the mitigating circumstance of lack of instruction and
without any aggravating circumstance to offset the same, and sentencing him to
suffer the penalty of 12 years and 1 day of reclusion temporal, with
the accessory penalties provided by law, and to pay a fine of P5,000, and the
costs.

About August of 1944, the industrial plant of the National Coconut
Corporation in Sariaya, Tayabas, was taken over by the Japanese for the purpose
of manufacturing sacks. Employment in this organization was limited to members
of the Ganap Party, who carried identification cards signed by its head, Benigno
Ramos. Thus, this organization came to be known as the Nacoco Garrison. The
members thereof were armed by the Japanese and used as guards for the premises,
especially towards the latter part of 1944. Adriano Buela worked in said company
until March, 1945, as admitted by him. This admission is confirmed by the
testimonies of Gregorio Gayta, Porfirio Salamanca, Rustico Quijano, Lucio
Gutierrez, and several others—some of whom were his boyhood friends. These same
witnesses testified to the fact that on many occasions, they saw the accused
Buela, bearing arms in company of Japanese soldiers, in the streets of Sariaya
and in the barrio of Mamala.

Sometime in January of 1945, the entire Nacoco Garrison, among them the
accused, evacuated to the barrio of Mamala, in the Municipality of Sariaya.
Here, the members of said organization, with Japanese soldiers, commandeered
house for their own habitation and confiscated foodstuff. In these activities,
defendant Buela wilfully participated, as amply proven by the testimonies of
Rustico Quijano, Liberato Lagarile, Lucio Gutierrez and Francisco Comargo.

On the night of February 21, 1945, on the road leading to Lucena, Porfirio
Salamanca and Amando Garcia saw the accused Buela, armed with a rifle,
accompanied by his fellow-members of the Nacoco Garrison and Japanese soldiers,
marching back to the garrison with two prisoners, namely, Hilarion de Villa, and
Quirico Delica, whose hands were tied at their backs. From this night on, De
Villa and Delica have completely disappeared.

In the barrio of Bucal, Municipality of Sariaya, in March 1945, the accused,
with many other members of the Nacoco Garrison, armed and led by one Japanese,
confiscated 15 sacks of palay deposited in the house of Francisco Comargo but
owned by a certain Lorenzo Abuan. The seizure of this palay has been indubitably
established by the testimony of Lucio Gutierrez, who was compelled by the
accused and his companions to lead them to the house of Francisco Comargo where
the palay was hidden. Both Gutierrez and Comargo were forced to measure out the
15 sacks which were carted away by the accused and his group to their garrison.
Soon after, upon approach of the American forces, the Japanese and their cohorts
retreated to the mountains, and Adriano Buela went with them, as confessed by
him in his sworn statement as well as in his testimony at trial.

The clear and uncontradicted testimonies of the witnesses of the prosecution
definitely prove, in compliance with the two-witness rule, the adherence of the
accused to the enemy and his wilfully and deliberately giving aid and comfort to
the same. The defense consists merely in unsubstantiated denials of the acts and
circumstances charged in the information or a lack of knowledge of them, or mere
allegations of duress which without supporting proof whatsoever cannot, in the
least, pale the hue of guilt presented by the prosecution.

In view of all the foregoing, judgment is totally affirmed, with costs.

Feria, Pablo, Perfecto, Hilado, Bengzon, Briones, and Tuason,
JJ., concur.

PARAS, J.:

I reserve my vote.

MORAN, C. J.:

I certify that Mr. Justice Padilla concurs
in this decision.