THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. JOSE DIZON, DEFENDANT AND APPELLANT.

“1. That on or about August 2, 1943, 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 impunitys did then and there wilfully, unlawfully,
feloniously and treasonably lead, accompany and participate in the apprehension
and arrest of one Roman Malapitan, suspected of being a guerrilla member, and
thereupon, the said accused did turn over the said Roman Malapitan to the enemy
who brutally maltreated, tortured and subsequently executed him.

“2. That on or about October 5, 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 lead, accompany and participate in the apprehension
and arrest of one Maximo Avendaño, suspected of being a guerrilla member, and
thereupon, the said accused did turn over the said Maximo Avendaño to the enemy
who brutally maltreated, tortured and subsequently executed him.

“3. That on or about November 3, 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 aid 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 lead, accompany and participate in the apprehension
and arrest of one Isidoro de los Angeles, suspected of being a guerrilla member,
and thereupon, the said accused did turn over the said Isidoro de los Angeles to
the enemy who brutally maltreated, tortured and subsequently executed him.

“4. 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 one Major
Leopoldo F. Santos (USAFFE), suspected of being a guerrilla member, and there
upon, the said accused, did turn over the said Major Leopoldo F. Santos to the
enemy who brutally maltreated, tortured and subsequently executed him.

“5. 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 one Roque
Lazaga, suspected of being a guerrilla member, and thereupon, the said accused
did turn over the said Roque Lazaga to the enemy who brutally maltreated,
tortured and subsequently executed him.

“6. 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.

“7. That on or about November 24, 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 one Lucio
Aguilar, suspected of being a guerrilla member, and thereupon, the said accused
did turn over the said Lucio Aguilar to the enemy who brutally, maltreated,
tortured and subsequently executed him.

“8. That about 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 of Luzon, and did stay and remain with the same
until his apprehension and capture by the American and guerrilla
forces.”

The trial court found appellant guilty on all counts except on
counts two and eight, and sentenced him to reclusion perpetua and to pay
a fine of P10,000 and the costs.

The evidence shows that appellant took part in the arrest of
Roman Malapitan at about 6 o’clock in the afternoon of August 2, 1943, in Santa
Rosa, Laguna, the fact having been testified to by Maxima Dedicatorio, widow of
Malapitan, and Concha Pascual, a neighbor. It has been proved that the arrest
was undertaken by the accused and several persons, including a Japanese civilian
named Mikawa.

The evidence also shows that appellant participated in the
arrest of Isidoro de los Angeles on the afternoon of November 3, 1944, in the
rice mill of Andres Villanueva in barrio Balibago, Santa Rosa. Isidoro was
brought, as a guerrilla suspect, to the house of Mikawa, where lie was
investigated and beaten. Afterwards, he was taken to the Japanese garrison by
the accused and the Japanese. These facts were testified to by Gorgonio Cantos,
Pantaleon Lara and Amanda Lasaga.

It was also proved that Major Leopoldo F. Santos, an ex-USAFFE
officer, another guerrilla suspect, was arrested by a raiding party composed of
Japanese and Filipinos, one of whom was appellant, who chose not to deny this
charge in his testimony.

Regarding the arrest of Roque Lazaga, because of the
contradictions between the testimonies of the witnesses for the prosecution
Julia Alinsod and Teofila Lazaga, wife and daughter, respectively, of Roque
Lazaga, appellant is entitled to the benefits of the doubt and, therefore, he
cannot be found guilty on count five of the information.

Appellant cannot also be found guilty on count six because only
one witness, Sancha Sayao, testified to the arrest of Antonio and Jurado
Alumno.

Under count seven, upon the testimonies of Rosa Alinsod and
Federico Aguilar, wife and son, respectively, of Lucio Aguilar, it appears that
the accused, armed with revolver and accompanied by several persons three of
whom were in Japanese uniforms, arrested Lueio Aguilar as a guerrilla suspect,
who was taken away in a truck.

Upon the facts proved, we are convinced beyond doubt that
appellant, a Filipino citizen, is guilty of treason and the trial court
sentenced him correctly under article 114 of the Revised Penal Code to
reclusion perpetua and a fine of P10,000 and to pay the costs.

The appealed judgment is affirmed with costs against
appellant.

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