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

Before the People’s Court Jose Ortega was accused of treason on
four (4) counts. Upon the abolition of said Court, the case was indorsed to the
Court of First Instance of Bulacan. After trial where a number of witnesses for
the prosecution and defense testified, Ortega was found guilty under counts 2
and 3 and sentenced to fourteen (14) years, eight (8) months and one (1) day of
reclusion temporal, to pay a fine of P10,000, and to pay the costs. He first
appealed to the Court of Appeals before which tribunal the Solicitor General and
the appellant filed their briefs. After studying the case the Court of Appeals
arrived at the conclusion that appellant was guilty; but because the crime of
treason is penalized with reclusion temporal to death, and in view of the
absence of any aggravating or mitigating circumstances, said appellate court is
of the opinion that the penalty should be imposed in its medium degree, namely,
reclusion perpetua, it certified the case to us for decision.

Counts 2 and 3 read as follows:

“(2). That on or about December 22, 1944, and at the market
place of San Ildefonso, Bulacan, Philippines, and within the jurisdiction of
this Court, the herein accused, Jose Ortega, for the purpose of giving aid and
comfort to the Japanese Army did willfully, unlawfully, feloniously and
treasonably join, accompany and lead a Japanese patrol which captured Santiago
Samaniego, a guerrilla, who was taken to the Japanese Garrison where he was
severely beaten and tortured.

“(3). That on December 28, 1944, in the municipality of San
Ildefonso, Bulacan, Philippines, and within the jurisdiction of the Honorable
Court, the herein accused, Jose Ortega, with intent to give aid and comfort to
the Japanese Imperial Army, did willfully, unlawfully, feloniously and
treasonably join, accompany and lead a Japanese patrol which captured Jesus
Samaniego, a guerrilla, who like his brother Santiago was taken to the Japanese
garrison where he was severely beaten and tortured.”

Under count 2, it has been proven through Santiago Samaniego
who was then working in the office of the Municipal Treasurer of San Ildefonso,
Bulacan, that in the morning of December 22, 1944, while on his way to his
office, he was arrested by Japanese soldiers accompanied by appellant Ortega
near the market place. He was apprehended for being a guerrilla and as a matter
of fact, he was then a member of the Buenavista Regiment, a guerrilla unit
operating in the province of Bulacan. He was taken to the Japanese garrison near
the market place ana investigated. After about two weeks of confinement, he was
released. The testimony of Santiago regarding his arrest was corroborated by
Bernardo Sanchez.

Under count 3, Jesus Samaniego told the court that in December,
1944, he was a guerrilla Captain in the Bulacan Military Area; that on the
afternoon of December 28, 1944, while at a house in Buenavista estate in San
Ildefonso, Bulacan, he saw appellant Ortega, Antonio Labao and other Makapilis
accompanied by Japanese soldiers approaching the house. Appellant aiming his
rifle at Jesus ordered the latter to come down his house, and after obeying the
order, his hands were tied and he was taken to the Pinaog railroad station about
three kilometers away. He was told that he would be taken to “Little Tokyo”, the
Japanese headquarters in the barrio of Sumandig, San Ildefonso, Bulacan, where
he would be killed. However, the plan would appear to have been changed, because
instead he was taken to the Japanese garrison in the poblacion where his hands
and feet were tied. He was investigated by a Japanese officer named Hanai and
was beaten and tortured until he lost consciousness. The investigators were
trying to make him confess that he was a guerrilla Captain. During the
investigation Ortega was present. The testimony of Jesus Samaniego was
corroborated by his brother Pacifico Samaniego, an eyewitness to the arrest.

While the charges under counts 1 and 4 were not fully
established, because of non-compliance with the two-witness rule, the witnesses
under said counts told the court that Ortega was a Makapili and had joined the
United Nippon (YOIN), a military organization composed of Filipinos and Japanese
subjects which was incorporated into the Japanese Army; that on several
occasions appellant was seen dressed in Japanese military uniform, carrying a
gun and accompanying Japanese patrols in raiding different places to apprehend
members of the guerrilla.

After liberation appellant was investigated by the Counter
Intelligence Corps (C. I. C.) of the U. S. Army and he signed an affidavit
(Exhibit C) before Special Agent Milton H. Balinslie and two witnesses. We
reproduce said affidavit.

“I, JOSE ORTEGA, Unpakan, San Ildefonso, having been first duly
cautioned that I need not make any statement, either oral or written, either
sworn or unsworn, hereby voluntarily and of my own accord, without duress or
compulsion of any kind, with full Knowledge that any statement I may make may be
held against me, hereby depose and say under oath:

“I am thirty years of age. In December 1944 I was persuaded to
join the United Nippon organization with the full knowledge that this
organization was assisting the Japanese in their war against the Philippines. My
duties in this organization consisted of guiding Japanese troops to apprehend
Guerrillas and also trace rice for the Japanese. In January, 1945, I led the
Japanese to the capture of Santiago B. Samaniego and Jesus Samaniego, two
Guerrillas, in the market of San Ildefonso. My companions in this capture were
Buenaventura Villena, Graciano Dionicio, Nicanor Reyes and Antonio Labao. I do
not know where they are now. All guerrillas which I led the Japanese to were
bound and tortured.

“I know that what I did in joining the United Nippon was wrong
and I am willing to take the consequences for my acts.”

In connection with this affidavit which was admitted by the
trial court without objection, Ortega claimed during the trial that he was
tricked into signing the same by the Samaniego brothers who allegedly told him
that if he signed the same, he would receive his backpay. But besides the
improbability of said story, the affidavit itself does not show any intervention
on the part of the Samaniego brothers; and Ortega introduced no witness to
corroborate him on this point.

The prosecution has introduced evidence to prove appellant’s
Filipino citizenship and appellant does not deny it. On the witness stand Ortega
admitted that he was present on the occasions of the arrest of Santiago
Samaniego and Jesus Samaniego but claimed that he was then a prisoner of the
Japanese and was accompanying them as their servant and errand boy; that he was
a member of the guerrilla but was captured by the Japanese soldiers and after being confined for some time, was released but was made to do errands for them,
some of his duties being to go to the market and buy foodstuffs and to gather
firewood for the Japanese soldiers. He introduced several witnesses to show that
he used to be a member of the guerrilla organization but was later captured by
the Japanese.

The decision of this case hinges mainly on the credibility of
witnesses and the probability or improbability of the story told by them. The
trial court rejected the testimonies of the witnesses for the defense and gave
its reasons for not attaching any credit to them. After carefully reviewing the
evidence we find no reason for disturbing this finding of the trial court. There
is reason to believe that the appellant identified himself with the Japanese
Armed Forces, accompanied them in their raids, oftentimes dressed in Japanese
military uniform and armed with a gun. It is improbable that the Japanese Army
would allow a mere prisoner, utilized as an errand boy to wear their uniform,
carry a gun and accompany them in their patrols. Ortega not only accompanied
Japanese patrols but he took more or less active part in the arrest of guerrilla
suspects. If it were true as he claims that he was only a prisoner of the
Japanese, it is not explained why some others who were captured by the Japanese
soldiers and Makapilis were able to escape. On the other hand, Ortega stayed
with the Japanese and helped them until the end. It may not be amiss to quote a
part of the decision of the trial court referring to the credibility of
witnesses and the reason for rejecting the testimony of the defense
witnesses:

“There is no reason whatsoever for not giving full weight and
credence to the testimonies of the prosecution witnesses. There is no proof that
they were motivated by hatred or ill-feelings or of any other evil motives which
would impeach their credibility. It was proven by the prosecution that the
victims, Santiago Samaniego and Jesus Samaniego were guerrillas. There is,
therefore, reason to believe that they were arrested and tortured for their
guerrilla activities, considering that during that time the Japanese and the
Yoins and Makapilis were allies and were bent on exterminating the forces of
resistance to their established government. The accused could not have been
impelled by any other motive than the willful and criminal intent to betray his
country to the side of the Japanese. Such acts gave the enemy aid and comfort.
They not only diminished the power of the forces of liberation, hut also
advanced the cause ot the Japanese Empire.

“The witnesses for the defense with respect to the guerrilla
activities of the accused in the person of Lt. Leodegario de la Fuente, Fernando
Verde, and Anastacio de la Fuente were very doubtful and did not convince the
Court. One important question in the testimony of Anastacro de la Fuente was
that both he and the accused were detained as prisoners. He, Anastacio de la
Fuente, was able to escape. Why is it that the accused was with the Japanese
until the last hour? The answer to this is very simple. Anastacio de la Fuente
was able to escape because he was a guerrilla and therefore tried to escape and
he escaped successfully. On the contrary, the accused was not able to escape
because in the first place he did not try because his position was not as a
guerrilla, hut as a spy, that is, working together and giving aid ancl comfort
to the Japanese. The Court holds that the arrest of Santiago Samaniego in Count
2 and the arrest of Jesus Samaniego in Count 3 were duly
proven.”

In conclusion, we find the guilt of appellant under counts 2
and 3 as having been fully established. His adherence to the enemy was also
proven. In the imposition of penalties on treason cases we have not followed
strictly the rules of the Penal Code regarding the presence or absence of
aggravating or mitigating circumstances. We consider rather the gravity or
seriousness of the acts of treason established. Where the accused has taken part
in the killing and torture of persons apprehended by the Japanese forces through
him, we impose the penalty of reclusion perpetua or even death. Where the
participation of the accused consisted merely in accompanying Japanese patrols
and helping in the arrest of guerrilla suspects, we generally impose the minimum
penalty which is reclusion temporal. In the present case under the charges
proven, Ortega did not take part in the killing or torture of any person
apprehended. And we agree with the trial court that the imposition of the
penalty of reclusion temporal sufficiently punishes his treasonable acts.

Finding no reversible error in the decision appealed from, the
same is hereby affirmed, with costs.

Paras, C. J., Pablo, Bengzon, Padilla, Jugo, Bautista Angelo,
and Labrador, JJ., concur.