THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. ELIGIO TORRES, DEFENDANT AND APPELLANT.

Appellant Eligio Torres was found by the trial court guilty of
the crime of treason and was sentenced to suffer the penalty of death, to pay a
fine of P20,000, to indemnify in the sum of P1,000 the heirs of each of the
deceased Castro de la Vega, Ponciano de la Chica, Mariano Alfonso and Domingo
Jimenez, to indemnify Florencio Sebastian and Jose Lim in the amounts of P3,020
and P5,700, respectively, and to pay the costs.

On appeal, counsel de oficio alleges that the People’s Court
erred in giving greater weight and credit to the evidence of the prosecution
than that of the defense in finding that it was appellant and not a Japanese,
Hashimoto, who killed Castro de la Vega; in not finding that it was Japanese
Nonaca who tortured and maltreated Liberate Cabaya Cruz; in not finding that
Eligio Torres was only used as a porter of the Japanese under duress, while
prisoner of the Japanese soldiers; in not finding that it was the Japanese
soldiers who tortured and maltreated and assaulted Florencio Sebastian; in
finding that it was Torres who confiscated and misappropriated the goods of
Florencio Sebastian and Jose Lim. Appellant admitted in open court that he is a
Filipino citizen.

The witnesses for the prosecution testified in substance as
follows:

Rosalina de la Chica, 33, widow, testified that at about two
o’clock in the afternoon of January 23, 1945, she and her husband, Castro de la
Vega, went to the house of Cresencio Timpangco where they found Mariano Alfonso
and Ponciano de la Chica. At about four or five o’clock that afternoon,
appellant, Francisco de los Santos and many Japanese arrived and immediately
went up the house. The Japanese searched the house. Appellant said that all
those living in the house should be killed because they were aiding the bandits
in the hills, referring to all the members of the family of Cabaya Cruz. Those
in the house were Cresencio Timpangco, Mariano de la Chica, Mariano Alfonso,
Ponciano de la Chica, Castro de la Vega and the witness. Eligio tied them,
separating the men from the women, and investigated them. He beat with a stick
Domingo Jimenez and his wife, Liberata Cabaya Cruz (1-7). When fireshots were
heard, Liberata Cabaya Cruz, Margarita de la Chica, Josefa Savillano and the
witness ran away (11). They waited the whole night in the bushes. At about six
o’clock the next morning, the witness saw appellant take Castro de la Vega to
the river to drown him. Castro de la Vega shouted asking for pity in vain (13).
Between one or two o’clock in the afternoon, those tied were brought to
Pasonangca. As Castro de la Vega could not walk any more, appellant cut his
right foot and then his neck, using a sword he asked from the Japanese (14).
Mariano Alfonso was able to escape that very night. Castro de la Vega had
guerrilla friends and used to offer them water to drink (16).

Isidro Francisco, 32, married, farmer and resident of Tumaga,
Zamboanga City, testified that in January, 1945, he was in the kitchen of the
Japanese headquarters in Prisa Mayor, Zamboanga City, assigned there to chop
vegetables, as a prisoner. On January 25, 1945, at about five o’clock in the
afternoon, he saw Domingo Jimenez pass by with hands tied at the back, in the
company of Japanese soldiers, going towards the edge of the river at about 20
meters from the kitchen (34-40). When the Japanese and appellant came back,
Domingo Jimenez and the other prisoners were no longer with them (41).

Cristobal Fernandez, 29, married, farmer and resident of Prisa
Mayor, Zamboanga City, testified that in the afternoon of January 24, 1945, he
was in the kitchen of the Japanese garrison as a prisoner, he saw three
prisoners tied to a coconut tree (47). One of them he knew as Domingo Jimenez.
The three prisoners were left tied the whole night. At about five o’clock in the
afternoon of January 25, 1945, the three prisoners with about 12 Japanese
soldiers and two Filipinos, including appellant, passed by the kitchen (48). The
prisoners were taken to a distance of about 20 brazas. He did not see the three
prisoners returning to the garrison (50). The Japanese and the accused passed by
again when they returned, but the three prisoners were already missing (51).

Josefa Savillano, 56, widow, and resident of Zamboanga City,
testified that in the afternoon of January 23, 1945, appellant went to her house
accompanied by Japanese and Francisco de los Santos (58). Eligio asked her where
the bandits were and she answered that she did not know. Liberata Cabaya Cruz
was beaten. The witness was investigated in the house of Cresencio Timpangco
(59). In the Timpangco house she saw Cresencio Timpangco, Margarita de la Chica,
Ponciano de la Chica, Rosalina de la Chica, Mariano Alfonso and Domingo Jimenez
(61). Appellant and the Japanese separated the men from the women and were
investigated. Domingo Jimenez was asked where the bandits were and he answered
that he did not know anything about them. Jimenez was beaten first by Santos and
afterwards by appellant. The women were tied (62). Among those who investigated
and beat them were appellant and Francisco de los Santos, using a piece of cord
or rope made of leather (63). Appellant investigated also Liberata Cabaya Cruz
asking her where was his son, the bandit. She answered that she had no son that
was a bandit. Appellant beat her and when she was stooping kicked her (64). At
about 7 or 8 o’clock at night,, an explosion was heard and the Japanese became
nervous and scattered. Witness, Margarita and Rosalina de la Chica escaped. The
men were not able to escape. The next morning the witness saw appellant stepping
on the body of Castro de la Vega, who was praying that the torture be stopped as
it was painful (65). At about three or four o’clock in the afternoon, while
witness was returning to her house, she saw a Japanese delivering to appellant a
long bolo, a sort of a sword, with which appellant hit Castro de la Vega’s foot
and when Castro fell down, Torres cut his neck (67). Those who were taken
prisoners by the Japanese were Domingo Jimenez, Cresencio Timpangco and Ponciano
de la Chica. Mariano Alfonso was able to .escape (68). The prisoners did not
return any more (69-71).

Liberata Cabaya Cruz, 46, widow, housekeeper and res-ident of
Campana, Zamboanga City, testified that the Japanese, accompanied by appellant
and Francisco de los Santos, went to her house in the afternoon of January 13,
1945 (85). They arrested her and her husband and were taken to the house of
Cresencio Timpangco. Her husband was asked by appellant where his bandit son
was. When her husband denied having a bandit son, appellant and Francisco de Los
Santos began beating him (86). Appellant and Francisco de los Santos, after
beating her husband, tied him, with his hands at his back (87). The witness was
beaten by Francisco de los Santos (88). Appellant kicked her. At about seven
o’clock, an explosion was heard and at that moment the women, Josefa Savillano,
Rosalina de la Chica and the witness were able to escape (89). The witness never
saw again Domingo Jimenez (90).

Florencio Sebastian, 48, married, merchant and resident of
Tetuan, Zamboanga City, testified that on March 2, 1945, appellant, Francisco de
los Santos, another Filipino and 10 Japanese went to his house at Bactus, where
he was living with the members of his family (98). Appellant and Francisco de
los Santos ordered the witness to cook food for them (99). After all had eaten,
Francisco de los Santos asked the whereabouts of Jose Fernandez who, he alleged
had a son who was a bandit. The witness said that he did not know (100); then
the witness was tied by Francisco de los Santos and took him to the next house
of one Felipe. Santos ordered the witness to lie down, face up, and covered his
face with a handkerchief, over which he poured water mixed with oil into his
mouth (101). Appellant lighted a cigarette with which he burned several parts of
the witness body (103), Because the witness could not stand any more the
torture, he said that he knew that Jose Fernandez was staying in Lumiyac. Pe los
Santos asked the witness for his money; the witness said that he did not have
money, and Santos continued pouring water mixed with oil into his mouth,
attempting to drown him (104). The witness finally said that he had one trunk
kept in the house of Juaning Sebastian (105) and from the trunk appellant and
companion had taken one twenty-peso bill, real money, and about one thousand
pesos of white money, meaning the money issued by the Japanese. Cloths worth
PI,000 were also taken from the trunk (106). The Japanese took no part in the
torture of the witness (107). The witness was then brought to the house of Jose
Lim (108). Nine trunks were taken down from the house by appellant and Francisco
de los Santos (110).

Maria de Guzman, 48, married and resident of Tetuan, Zamboanga
City, testified that in the afternoon of March 2, 1945, appellant and Santos,
with some Japanese, went to her house in Bactus and ordered them to prepare
supper (119). After supper, Torres and Santos called her husband and she heard
them asking her husband where Jose Fernandez is. Later they tied him, with his
hands at his back. Her husband was Florencio Sebastian; he was brought to some
place (121). Her husband was taken out about nine o’clock and was able to return
at about one o’clock past midnight. His clothes were wet, his hands showed signs
of having been tied, his face was swollen and his ear and legs were burned
(122).

Quasi Lim, 49, married and resident of Zamboanga City,
testified that Jose Lim is her husband. On March 2, 1945, they were living in
Bactus. That night Santos with some Japanese entered their home. She saw that
there was with them a man with his hands tied at the back and it was Florencio
Sebastian (125-126). Santos asked for a Parker fountain pen. Jose Lim said that
he had none and that they could open his trunk and find out if he had one (127).
Santos went up and searched the contents of the trunk. Santos noticed a wallet
hanging on the wall and took it and found jewelry inside. He took the jewelry
and found among them a ring which he placed on his finger (128). There were nine
trunks in the house and they carried them (129). The trunks contained many
articles, the combined value of which was about P5,000. The trunks were taken by
Santos and appellant (130). The jewelry inside the wallet was worth P700 (131).
The witness was not able to recover the jewelry (132).

Isaias Lacasti Santos, 32, married, blacksmith and resident of
Tugbugan, Zamboanga City, testified that on March 2, 1945, he was in his
evacuation place in Bactus where he saw Florencio Sebastian with his hands tied
at the back escorted by appellant and Santos (141). fie was taken to the house
of his neighbor, Felipe Sinelega (142). He heard someone asking for the
whereabouts of Jose Fernandez (143).

The witnesses for the defense testified in substance as
follows:

Elena Ortega, 28, single, housekeeper and resident of Zamboanga
City, testified that appellant arrived with the Japanese at Campana and
apprehended persons of the group of Timpangco, aside from Rosalina de la Chica,
Castro, the husband of Rosalina, the mother of Eosalina and her sister
Margarita. Ponciano de la Chica, Mariano Alfonso and others including Liberata
Cabaya Cruz were also arrested (150-151). The witness was also apprehended. The
accused did not apprehend anyone (152) Nonaca, a Japanese, made the
investigation. There were persons maltreated, among them, Domingo Jimenez and
Liberata Cabaya Cruz. Nonaca was the one who maltreated them. The witness did
not see the accused maltreat any person. Appellant and Santos were rendering
service in cooking, fetching water and doing servants’ work (153). Eligio Torres
was ordered by the Japanese to wash dishes (157). The Japanese were the ones who
were maltreating people, but not the accused (158).

Guillermo Piedad, 21, single, student and resident of Zamboanga
City, testified that on January 23, 1945, he saw appellant and Francisco de los
Santos at Campana with Japanese companions. They proceeded to the house of
Timpangco where they investigated, among others, the witness about carbines and
tommyguns. The one who investigated was Nonaca, a Japanese (176). Nonaca
tortured them also (177). The families of the detained persons were bringing
chickens and appellant and Fran-cisco de los Santos were the ones cooking for
the Japanese to eat (178).

Jovita Torres Encarnado, 33, married and resident of Tomas
Claudio Extension, Zamboanga City admitted as her signature Exhibit A, and she
testified that she bought the two earrings from a Moro (184). She volunteered to
return the earrings to Lim because she wanted to avoid appearing in Court. She
gave the article mentioned in Exhibit A to Jose Lim because he said that they
belong to him (185). The articles were given to her by a Japanese soldier Moto
San who was a friend of hers (186). The appellant Eligio Torres is her brother.
He did not give her any article (187).

Eligio Torres, 27, testified that on January 23, 1945, he went
to Campana, Zamboanga City with the Japanese(l88) Francisco de los Santos was
with them. Appellant was arrested by the Japanese in his house and they made him
a prisoner about the middle of November, 1944. He was suspected as a member of
the guerrilla, because they found out that his brother and the husband of his
sister were in the hills with the guerrillas. The Japanese made him stay in the
reservation of the Japanese headquarters. They made him work grinding’coconut
and making oil (189). He went to Campana forced by the Japanese. He was carrying
food for the Japanese (190). The Japanese arrested people. Appellant was
assigned in the kitchen and was cooking food for the Japanese (191). The
investigation was made by Nonaca, a Japanese (192). Appellant did not
investigate or torture anyone on that occasion (193). It is not true that he
cut the foot and then the neck of Castro de la Vega (193). He knows only that
the Japanese arrested and took care of Castro de la Vega (194).

After a careful consideration of the evidence on record, we are
fully satisfied that appellant, a Filipino citizen., took active part, with
Francisco de los Santos and several Japanese soldiers, in the apprehension,
investigation and torture of several persons in Campana, Zamboanga City, on
January 23, 1945, in an effort to check the guerrilla movement which appellant
described as composed of bandits. Among those who were arrested and tortured
were Castro de la Vega, Domingo Jimenez, Liberata Cabaya Cruz, Cresencio
Timpangco, and it has been conclusively proved that it was appellant who killed
Castro de la Vega by cutting his neck. Appellant tried to deny his participation
in said arrest, investigation, torture and killing,v alleging that his presence
in the place at the time was due to the fact that he was a prisoner of the
Japanese and was brought there to cook food for the Japanese. Such allegation is
unconvincing when confronted with the witnesses for the prosecution pointing
appellant as having actively participated in the arrest, investigation and
torture of several persons and in the killing of Castro de la Vega, it appearing
that there is absolutely no reason why the witnesses for the prosecution should
have testified falsely against appellant. Appellant’s allegation that it was
Nonaca, a Japanese, who investigated and tortured the persons who were arrested,
cannot be accepted, as the witnesses for the prosecution among them, persons who
have been victims of the arrests and tortures, could not have mistaken appellant
for Nonaca.

It has also been conclusively proved that on March 2, 1945
appellant Eligio Torres took active part in the arrest and torture of Florencio
Sebastian in Bactus, Zamboanga, at first for the purpose of inquiring from him
the whereabouts of Jose Fernandez, and then to rob said Sebastian of about P20
in genuine money and P1,000 in Japanese notes, aside from cloths and clothing
material with a prewar value of P1,000, and to rob Jose Lim of jewelry valued at
P700 and goods contained in nine trunks valued at about P5,000.

We find appellant guilty of the crime of treason punished under
article 114 of the Revised Penal Code, but we do not believe that he deserves
the penalty of death imposed upon him by the lower court. The part of the
appealed judgment regarding indemnities should be modified.

Appellant is sentenced to reclusion perpetua, to indemnify the
heirs of each of the deceased Castro de la Vega, Ponciano de la Chica, Mariano
Alfonso and Domingo Jimenez in the sum of P6,000, following: the decision in the
case of People vs. Amansec (80 Phil., 424), and the indemnity to Florencio
Sebastian should be reduced to P1,020. Thus modified, the appealed judgment is
affirmed.

Paras, Bengzon, Montemayor, and Reyes, JJ., concur.

Moran, C. J., concurs in the result, there being no sufficient
votes for the imposition of death penalty.

TUASON, J.:

I am of the opinion that the judgment of the lower court should
be affirmed.

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DISIDENTE

PABLO, M.:

Disiento. No estoy conforme con la reduccion de la pena.

Para ayudar a los soldados japoneses en la supresion de la
guerrilla, no tenfa necesidad el acusado de torturar a las personas arrestadas
con crueldad, ni tenia necesidad de pegar y maltratar a pobres mujeres, ni tenia
necesidad de cortar el pie derecho de Castro de la Vega antes de decapitarle.
Robar P20 en dinero filipino, mil pesos en papel moneda japonesa y telas por
valor de P1,000 de la propiedad de Florencio Sebastian, y robar alhajas
avaluadas en P700 y otros efectos avalorados en P5,000 de la propiedad de Jose
Lim, no eran necesarios si su intencion fue solamente querer saber el paradero
de Jose Fernandez en el desempeño de su papel de espia.

Porque concurre circunstancia agravante, voto por que se
connrme la sentencia impuesta por el juzgado inferior.