G.R. No. L-1138. December 17, 1947
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. JOSE FERNANDO, DEFENDANT AND APPELLANT.
PERFECTO, J.:
17, 1946, guilty of the crime of treason, as denned and penalized by article 114
of the Revised Penal Code, and sentenced to reclusion perpetua, with
the accessories of the law, and to pay a fine of P15,000, and the costs.
The information filed against appellant is as follows:
“That on or about the dates hereinbelow mentioned, in the different places
hereinafter stated and within the jurisdiction of this Honorable Court, the
above-named accused, Jose Fernando, not being a foreigner but a citizen of the
Philippines owing allegiance to the United States and the Commonwealth of the
Philippines, in violation of said allegiance, did then and there wilfully,
unlawfully, feloniously and treasonably adhere to their enemy, the Empire of
Japan, with which the United States and the Philippines were then at war, giving
said Empire of Japan and the Japanese Imperial Forces in the Philippines aid
and/or comfort in the following manner, to wit:“1. That in or about the early part of 1942, in the City of Manila, the
above-named accused, for the purpose of giving and with intent to give aid
and/or comfort to the enemy, did then and there wilfully, unlawfully and
feloniously join and become an informer and/or spy of the Kempei-tai, a
Japanese military police organization.“2. That in or about the period comprised between 1942 and February 1945, in
the City of Manila, the above-named accused, for the purpose of giving and with
intent to give aid and/or comfort to the enemy, did then and there wilfully,
unlawfully and feloniously, as informer and/or spy of the Kempei-tai,
report to the Kempei-tai, a number of persons as members of guerrillas,
resulting in the arrest and apprehension, torture, and death of a number of
those persons; and still in furtherance of his purpose of giving aid and/or
comfort to the enemy, the above-named accused, did then and there unlawfully,
willfully and feloniously join, lead and accompany Japanese soldiers in their
raids against guerrillas, resulting in the arrest, apprehension and detention of
a number of guerrillas.”3. That in or about May 1943, in the City of Manila, the above-named
accused, for the purpose of giving and with intent to give aid and/or comfort to
the enemy, did then and there wilfully, unlawfully and feloniously arrest,
maltreat and detain Ponciano Briones, for the purpose of finding the whereabouts
of Lt. Col. Pacifico Briones of the guerrillas.“4. That in or about August 1944, in the City of Manila, the above-named
accused, for the purpose of giving and with intent to give aid and/or comfort to
the enemy, did then and there unlawfully, wilfully and feloniously arrest,
maltreat and detain Carlos Paz who was suspected of being a guerrilla.“5. That in or about the early part of 1944, in the City of Manila, the
above-named accused, for the purpose of giving and with intent to give aid
and/or comfort to the enemy, did then and there unlawfully, wilfully and
feloniously arrest or cause the arrest of Gregorio Hernandez; and still in
pursuance of his purpose of giving aid and/or comfort to the enemy, the
above-named accused, did then and there unlawfully, wilfully and feloniously
investigate the said Gregorio Hernandez charging him with being a guerilla and
selling firearms to the guerrillas, and threatening to take him to Fort
Santiago, and tried to persuade him to become a spy for the Japanese.“6. That in or about the early part of 1944, in the City of Manila, the
above-named accused, for the purpose of giving and with intent to give aid
and/or comfort to the enemy, did then and there unlawfully, wilfully, and
feloniously arrest or cause the arrest of Abraham Albines, and thereafter, the
above-named accused investigated the said Abraham Albines, charging him with
having sold firearms to guerrillas, and threatening to take him to the Japanese
officer in Fort Santiago.“7. That in or about May 1943, in Arayat, Pampanga, the above-named accused,
for the purpose of giving and with intent to give aid and/or comfort to the
enemy, did then and there unlawfully, wilfully and feloniously lead, join,
accompany and assist a group of Japanese and Filipinos which tried to arrest
Consolacion Tongol, and being unable to accomplish that purpose, the above-named
accused and his Japanese and Filipino companions, did then and there wilfully,
unlawfully and feloniously arrest Gabriel Tongol, a brother of Consolacion
Tongol, and detain him for two days and three nights in the Kempei-tai
garrison.“8. That in or about May 1943, in Arayat, Pampanga, the above-named accused,
for the purpose of giving and with intent to give aid and/or comfort to the
enemy, did then and there unlawfully, wilfully and feloniously lead, join,
accompany and assist a group of Japanese soldiers and Filipinos for the purpose
of obtaining the surrender of guerrillas in barrio Candating, Arayat, Pampanga,
and not being able to obtain any favorable result, the above-named accused,
together with his Japanese and Filipino companions, did then and there
unlawfully, wilfully and feloniously attack the civilian population of
Candating, Arayat, Pampanga, resulting in unnecessary hardships to, and in the
wounding of, many civilians.”
The lower court found that during the period comprised between 1942 and 1945,
appellant was an informer and a member of the Kempei-tai, and, as such
member, he had a group of ten renegade Filipinos whose mission was to make
arrests of guerrilla suspects, subjecting them to investigation and torture in
order to ferret out whatever information they possessed regarding the activities
of the underground forces; he had Gregorio Hernandez and Abraham Albines under
his custody; he arrested Ponciano Briones, father of Pacifico Briones, a ranking
officer of the guerrilla forces, and subjected him to investigation and torture
in order to elicit from him information as to the whereabouts of his son; and
that he attempted to arrest Consolacion Tongol, but failing in his purpose,
because of the intervention of the guerrillas, he took into his custody
Consolacion’s brother, Gabriel Tongol.
The fact that appellant has been an informer and a member of the
Kempei-tai has been established, not only by the evidence presented by
the prosecution, but also by the testimony of the accused himself, who, however,
claims (a) that he was forced into the service by the enemy and
(b) that his employment was a fact known and sanctioned by chieftains
of the guerrilla outfits which governed Manila in their spheres of activities.
Both defenses were rejected by the lower court.
At the hearing of this case on August 16, 1946, appellant made the admission
that he is a Filipino citizen.
Eleven witnesses testified for the prosecution.
- Odon Alimañgohan, 42, residing at 1535 Felix Huertas, Manila, testified that
during the Japanese occupation he came to know appellant one night in a gambling
house at the corner of Oroquieta and Quiricada streets. Appellant was
accompanied by three others. The people therein moved to run away, but the
visitors told them not to be afraid because they were only looking for a certain
person. Appellant often visited Dodong, a friend of the witness, who saw him
twice carrying firearm. The witness knows that appellant was a member of the
Kempeitai. He asked the witness if he wanted to work with the
Kempei-tai. The witness did not join it, “because the Japanese refused
to accept me.” - Zoilo Rufino, 22, married, residing at 1255 M. Hizon, Manila, testified that
he came to know appellant during the Japanese occupation because their homes are
near each other, witness’ house located in Sales street, and appellant’s in
Comandante street. In 1944, the witness was arrested by Domingo Santiago,
informer of the Japanese. He was taken to the house of appellant in Comandante
street. There he saw five men, including appellant, and a woman. He was detained
there for about four days and was investigated and maltreated by Domingo
Santiago, who was asking for the whereabouts of his brother. Appellant was
staying in the house at night time. On the first night, the witness was placed
under the house, but on the following days he was brought up. When he was
arrested he was tied but after two days he was untied. Appellant saw the witness
being tied. A few hours after his arrival in the house, a Japanese appeared who
“told us that we are bad men; but when we refused to admit he told us that it is
better for us to die because in that case they will not be taking the trouble of
covering our bodies with newspapers.” Witness’ brother was also arrested. The
witness was released by order of appellant who did not impose any condition. The
witness was released ahead of his brother. Domingo Santiago was asking the
witness P20,000 for his release. The witness told him that he cannot afford that
amount because his earning is only enough for his needs. Appellant told the
witness that he can be released but his brother cannot because he was an
ex-convict. After his release, the witness looked for money and gave it to
appellant after which his brother was released. He saw appellant in the place
carrying arms. Later on, the witness heard from neighbors that his brother,
Laureano Rufino, was arrested by an informer and a Japanese and killed. - Santiago Briones, 40, married, 441 Evangelista street, Manila, testified
that he had his tailoring shop at 820 Ilaya street, Tondo, and one day
appellant, accompanied by one Adriano, came asking for the father of Pacifico
Briones. The witness purposely denied knowing where he was, because he knew that
Pacifico Briones was a guerrilla leader in the Central Luzon area. Appellant and
companion showed that they bore firearms with them. Surprised, the witness
admitted that Ponciano, father of Pacifico Briones, was living in the house.
They went inside the house and they saw Ponciano, who is also an uncle of the
witness. Appellant asked Ponciano for his son, but Ponciano answered that he did
not know where his son was. They took Ponciano away. It happened in 1943 but the
witness cannot remember the month. - Ponciano Briones, 66, married, unemployed, resident of Cabiao, Nueva Ecija,
testified that he had known appellant who married in Cabiao. In 1943, he was
arrested by appellant at Ilaya street in his house located on a lot to reach
which it was necessary to pass through the tailoring shop of Santiago Briones.
Appellant was accompanied by Ruperto Adriano. They were armed with pistols.
Appellant was asking for Pacifico Briones. He wanted the witness to find his son
and to surrender him to them. Appellant and his companion were spies of the
Japanese. His son Pacifico was a guerrilla major in 1943. The witness was
brought to a building called Meisic. The next morning he was brought to the
China Bank at Dasmarinas street . Appellant and companion were forcing him to
look for his son and to surrender him. There were many, Japanese at the China
Bank. He was investigated by appellant and his companion. Appellant struck him
on the ribs with the butt of a revolver. In the afternoon the witness was
released on condition that he was to report every morning to the Japanese Mijara
at the China Bank building. He reported for about five days. Afterwards he was
brought to Arayat, Pampanga. He was brought by appellant together with the
Japanese, because they heard that his son was in the mountains of Arayat. He
remained in the place for about a week. The Japanese told him to write to his
son and go around the town to secure information about his son. From Arayat he
was brought to Manila and then to Cabiao by appellant, Ruperto Adriano and
Mijara. In Cabiao he remained for about eighty days. He was brought to a
Japanese captain named Kimura. Kimura asked him about his son and to look for
him and to surrender him. He was required to work in the garrison, to cut grass
and fetch water. After eight days he was brought to Manila . He was not arrested
anymore and he returned home to the province. His son belonged to Ramsey’s
guerrilla unit. His son is dead. He was shot at the China Grill when he was a
lieutenant-colonel and when the Americans had already arrived. - Gabriel Tungol, 49, married, farmer, resident of Arayat, testified that he
knew appellant since he took away witness’ sister. It was in April, 1943. It
happened at Mangakakutud, Arayat. One morning appellant and a companion “came to
our house” armed with revolvers. They said that “they were taking away my
sister,” to surrender her “to the Japanese.” His sister Consolacion in the
beginning joined the guerrillas. “They were not able to take away my sister
because she was sick” and “on that night the guerrillas came and took away my
sister and Maria, another sister.” The following morning appellant with another
companion returned and took the witness to the Japanese garrison in Arayat. “The
Japanese took my statement and I was detained there for two days and two nights.
They were asking me of the whereabouts of my sister.” He was maltreated by the
Japanese and at the time appellant was present in the place. After taking his
statement and two days’ and two nights’ detention, the witness was released. In
May, he was arrested again by appellant. He was again detained for two days and
two nights in the Japanese garrison. After his release, he was arrested for the
third time by the Japanese, he did not see appellant anymore, and was again
detained for one day and one night. He did not see appellant. He escaped,
“because the Japanese tried to kill me. I went to the mountains.” - Fernando Tongol, 33 married, farmer, resident of Arayat, testified that he
knew appellant when he arrested his brother Gabriel. Appellant and a companion
“came to our house” and “told us they will surrender my sister Consolacion in
Manila and asked me to go with them. We tried our best to please them in our
house. They told us to prepare and after two hours they returned, but at that
time my sister became sick because of fright, and because of that sickness of my
sister they were not able to take her away. After that they departed, and I also
left. That night my sister was taken away by the guerrillas. My brother was
taken away the following day,” by appellant and a companion. They were armed
with revolvers. They brought his brother to the Japanese garrison. - Engracio Manese, 27, married, farmer, resident of Arayat, testified that
Gabriel Tongol is his brother-in-law. In May, 1943, he was living in barrio
Mangakakutud, Arayat. In Manila, appellant took away Gabriel. Consolation Tungol
was taken away by the guerrillas. Gabriel was taken to the Japanese garrison.
His wife Maria became afraid and hid in one of the houses, then joined
Consolacion who was with the guerrillas in the mountains. - Juanita Rosales, 24, married, laundrywoman, resident at 1729 M. Hizon,
Manila, testified that she had known appellant since the Japanese occupation,
Gregorio Hernandez is her husband, who was arrested by appellant. The arrest
took place at 1729 M. Hizon street. It was nighttime. Her husband was brought to
Comandante street, the place where the office of Jose Hernandez was located. She
went to the place the following morning. She saw there Jose Fernando and his men
in her house. She talked with Leoncio Fernando one of the accused men and with
appellant. She asked appellant why he arrested Gregorio Hernandez and appellant
answered “because he was a guerrillero. Jose Fernando told me then that if I do
care to live with him he would release Gregorio Hernandez but if not, he will
bring Gregorio Hernandez to Fort Santiago. Then, we continued talking. After
that, I talked also to Gregorio Hernandez and I told him what Jose Fernando told
me and my husband said to me, ‘Well, it is up to you, because if that is the
only way for my salvation, then you use your discretion.’ Then, I told Jose
Fernando ‘I will live with you on condition that you release Gregorio Hernandez’
and he really released Gregorio Hernandez.” Gregorio Hernandez was brought to
the House of Jose Fernando at Dapitan street. He was released in the afternoon
following the day of his release. From that time, the witness came to live at
Comandante street with Jose Fernando. “I do not remember for how many months I
lived there. I lived with him as his wife in order to secure the release of
Gregorio Hernandez. I have seen the men he arrested. I cannot remember how many
men were brought there, but I know that almost everyday there were persons who
were brought and maltreated there.” Jose Fernando and his men were maltreating
them by using a piece of iron. The witness saw Japanese in the house. The
Japanese were Mijara and Quijacho. They used to go to the place once in a while.
About two times a week. It was said that Mijara was an interpreter and Quijacho
was the chief of the accused. Everytime they went to the place they used to talk
with the accused, who was given rice and money by the Japanese. The witness was
brought to Zurbaran street and also to Canton Hotel. In Zurbaran she lived with
Jose Fernando under the house of Mijara. They left that street, “because
according to them, as they arrested many persons, they were afraid that the
guerrilleros may go to that place.” She stayed under the house of Mijara “quite
long.” While there, she saw persons arrested by Jose Fernando. They were
maltreated. There were few brought to Zurbaran street but many at Canton Hotel,
located at the corner of Rizal Avenue and Azcarraga streets. When she was living
with Fernando at the Canton Hotel, almost everyday, she saw persons being
arrested and maltreated. “It is very seldom that a day had passed by without a
person arrested . . . There were many persons living there also. According to
them, those arrested persons were guerrilleros. They maltreated them and tied
them up. Then they were given to the Japanese.” The Japanese just went there.
There were three men under Jose Fernando. Among the arrested persons the witness
remembered one by the name of Berting. After leaving the Canton Hotel, she went
to Jaen , Nueva Ecija with Jose Fernando. “I deserted him without knowing or
rather without his knowledge and I went back to my house.” Gregorio Hernandez is
in Bulacan. When appellant arrested Gregorio Hernandez, he was accompanied by
Leoncio Fernando, Carlos Domingo and Johnny. The witness became acquainted with
Jose Fernando only at Comandante street before he arrested her husband. It was
two weeks before. Since then, “he has been making some propositions to me.” She
was then working at Comandante street, “because I had a small bar there.” The
accused was visiting her there. Her husband was arrested because he was
suspected as a guerrillero although he was not. - Fidel Ferreras, 25, married, laborer, resident at 1226 Lealtad, Manila,
testified that he has known Jose Fernando for a long time, since they were in
the Buencamino Hacienda. The witness was arrested by Vicente Reyes at Tutuban
station because of being a USAFFE arid was delivered at Meisic station to Jose
Fernando. He does not remember the date. “Upon my arrival there, Jose Fernando
and the Japanese called Simura, conferred with each other, and after their
conference, Jose Fernando began to punish me. “I was hanged” by the Japanese,
“for more than one hour. While I was suspended and tied in the wire with my face
downward, the Japanese was hitting my legs and other parts of my body and this
Jose Fernando was talking with that Japanese.” The witness showed a scar of
about two inches long and one-fourth inch wide located at the right clavicle,
for a wound he suffered from the beatings. Jose Fernando did not take part in
the maltreatment. “He just asked the Japanese to maltreat me.” The witness saw
Ponciano Briones, father of Pacifico, when they went to Cabanatuan because they
were loaded together in the same train. They were six in all, including Vicente
Reyes, a Japanese, and Jose Fernando. They were brought to the house of Captain
Kimura. The witness was asked questions there. He remained in Cabanatuan for
more than a month in the house of Captain Kimura. “We were free to go anywhere
in that house. From Cabanatuan we were brought to Arayat” by Jose Fernando and
the Japanese Kimura. The witness does not remember when he was released. “I was
released from the Japanese garrison in Arayat.” When he was being investigated
at Meisic by the Japanese, Jose Fernado acted as an interpreter. Jose Fernando
told the witness to confess if he was really an ex-USAFFE. Jose Fernando was
armed with a rifle but he wore no uniform. - Gregorio Hernandez, 29, single, telephone operator, residing at 1729 M.
Hizon, testified that he was arrested by the accused in 1943. He had forgotten
the month and date. It must be about October. He was arrested in his house at M.
Hizon street . “At night, when I was lying in my bed, at about 10 o’clock, I
heard that somebody was knocking our door, and when I went to see who was
knocking the door, I saw three men. Only I know the names of the two but not
their surnames—Johnny and Frank, and the other one is Dominador Rodriguez. They
forced me to go down from my house. I was not even able to put my suit. I was in
my sleeping outfit.” “He was brought to the corner of Oroquieta and San Lazaro.
I found there the herein accused Jose Fernando. Frank, referring to Jose
Fernando, faced the witness and told him ‘Here is your man’.” His hands were
tied by Frank upon order of Jose Fernando. He was there for about thirty
minutes. Abraham Albines and Carlos Francisco arrived arrested. “We were brought
to Rizal Avenue and to Comandante street,” guarded by five persons including
Jose Fernando. Fernando “took us to the house one by one and asked about our
activities as guerrilleros.” Fernando was armed with a .45. The witness was
asked about names and activities of guerrilleros. He answered that he did not
know anything about the guerrilla organization. He remained in Comandante street
the whole night. Fernando ordered his men to tie the hands of the witness who
was brought to Dapitan. There was no misunderstanding between the witness and
Jose Fernando before 1943. - Abraham Albines, 28, single, government employee, 1729 M. Hizon, testified
that he came to know Jose Fernando after his arrest in the early part of
October, 1943. The witness was in a gambling den at the corner of Quiricada and
Oroquieta streets when four men raided the place. They asked for Gregorio
Hernandez, Carlos Francisco and the witness. Gregorio Hernandez was not there,
because he went out. Carlos Francisco and the witness were taken and brought to
the corner of Oroquieta and San Lazaro. Among the four persons who raided the
place was Jose Fernando. When they arrived at the place they saw Gregorio
Hernandez already tied with three men. Then they were taken to Comandante street
passing through Rizal Avenue. At Comandante street, they were investigated by
Jose Fernando. Fernando asked the witness about his guerrilla activities and
whether he wanted to join the Kempei-tai. The witness did not accept
the offer. In 1944 the witness was occupied in helping in the laundry at Bambang
street. The witness was not a guerrillero. Appellant asked him questions but did
not maltreat him.
Nine witnesses testified for the defense.
- Arsenio S. Muñoz, 53, single, Captain, residing at 551 España, knew the
accused since before the war. He was the contractor of the River Control between
Cabiao and Candaba during the war. He met him as a guerrilla lieutenant, and
they often met each other because the witness was also a guerrilla. They used to
meet at Cabiao and Arayat. The accused was second in command to Captain Basco in
the early part of 1942. The witness does not know whether appellant remained as
a guerrillero until the liberation. In 1943, the witness met the accused in
Manila at the Central Hotel with other Filipinos and the witness “heard that he
was working with the Japanese. Mr. Jose Fernando knew that I passed to Briones
organization and he knew also that I am a guerrilla member and also I knew that
he was working with the Japanese and he came to me and he induced me to
surrender to the Japanese, but I did not approve his proposition, and then I
told him: ‘I think Joe, I cannot surrender.’ Then he replied: ‘Well, it is up to
you, if you want to surrender or not. Then, one day, while I was taking my lunch
in the Plaza Hotel, one Mr. Rufino Buenaventura approached me and he told me
that I should go to the Military Administration Office between 12 and 1 o’clock
in the afternoon, and I went there and I was brought before a Japanese
interpreter and I was investigated about my activities as a guerrilla member and
I admitted that I was a guerrillero, and at about 3 o’clock that same afternoon,
Mr. Jose Fernando and his companions arrived and Mr. Fernando approached me and
he told me that I should not be afraid, because he was willing to help me, and
at about 6 o’clock in the afternoon I was released. After my release, I was told
that I should go to Nueva Ecija with one Leonor but I told him: ‘I cannot go.’
My regiment was the one who arrested Jose Fernando and turned him over to the
CIC.” - Roberto Simbol, 32, married, ex-serviceman, residing at 1511 Ipil, Sta.
Cruz, Manila, testified that in 1942 he was in a guerrila organization in Arayat
with Jose Fernando, who was first lieutenant with the late Lt. Col. Pacifico
Briones. Fernando was appointed organizer of the Barrio Defense Corps. In
January, 1943, there was a split between the Huks and USAFFE men and by that
time Jose Fernando and Pacifico were captured by the Huks but were able to
escape. The witness came to Manila when he was sick of malaria and after his
recovery in the San Lazaro was captured by a Japanese of the
Kempei-tai. Jose Fernando heard about his capture and worked for his
release, and once he was released he went back to his outfit “and since then I
knew that Jose Fernando was a Japanese agent.” - Estanislao Ordoñez, 54, married, businessman, residing at 1482 Quezon Blvd.,
testified that he knew the accused in Cabiao in 1935 or 1937. He met him in
Manila. The accused told him that he was working with the Japanese, but he was
also working for certain Filipinos. According to him, he was working as an agent
of Fort Santiago. He also told me that he stayed there to keep the Filipinos who
happened to be there. In 1945, when Texas men came to the house of Jose Ramos,
witness’ friend, to confiscate rice, they were given money to avoid the
confiscation, the witness requested the intervention of the accused, who was
able to have the money returned to the owner. The Texas men were agents of Fort
Santiago. The incident happened in 1944. - Exequiel Lacanlale, 41, married, detained in Muntinglupa, testified that he
knows Gabriel Tongol. In May 1944, the witness was in Arayat with the Japanese
as a prisoner. Mayor Ramirez of Arayat reported Gabriel Tongol to the Japanese
that he had a gun and he was a member of the Huks. Gabriel Tongol was arrested
by the Japanese and the witness saw him maltreated. Tongol admitted that he had
a gun. Later he told the witness that he had to admit because he could no longer
suffer the maltreatment. The Japanese compelled Gabriel Tongol to produce the
gun and as a guaranty his wife and children were taken as hostages. He was told
that if he could not produce the gun his house will also be burned. The accused
had no connection whatsoever with the arrest of Gabriel Tongol. The witness is
in Muntinglupa, “because I was suspected being a Japanese spy.” In 1943 he was
staying in Macabebe, Pampanga and in the middle of the same year he was in
Arayat. He worked with the Japanese from 1943 to 1944, “because I was captured
by them on December 6, 1942.” He was accompanying the Japanese in their raids,
“there was no alternative except to go with them.” When Gabriel Tongol was
captured by the Japanese the witness was present. Consolacion Tongol was not
there, but his wife was present. There were about twenty Japanese in the group. - Joaquin S. Galang, 26, married, merchant, residing at 1463 Dapitan,
testified that about the middle of 1944, the accused was introduced to the
witness as a good young man who was acting as agent of Fort Santiago and able to
serve friends, by Mr. Tecson, a former companion of the witness at the Liceo de
Manila. The accused was also introduced as a guerrillero. The witness stated
that in case something might happen he would request the help of the accused,
who committed himself to give help and added that he was a grandson of Felipe
Buencamino and that he was from Cabiao, Nueva Ecija. One morning in October or
November, the accused went to the witness’ house to ask him if he was acquainted
with Marcos Villa, who was a colonel under General Luna, stating that there was
a warrant of arrest from Fort Santiago against him because the Japanese said
that guerrilleros went to his house, adding that he did not want that the old
man be arrested, suggesting to the witness to see to it that the old man should
go to the provinces. The witness, being a friend of Marcos Villa, induced the
latter to go to Isabela and even lent him P70 for transportation. The witness
also testified about the request of the accused to save Alejo Galang who was
about to be arrested that night by the Japanese for helping guerrilleros. - Antolin S. Rosales, 34, single, mining engineer, residing at Visiones,
Sampaloc, Manila, testified that in September, 1942, he met the accused in the
house of Governor Robles. A week after the witness raided the Cabanatuan jail,
because there were guerrilleros imprisoned therein. The witness was the captain
of a guerrilla organization. The raid was successful. In 1943, while the witness
was a prisoner in Fort Santiago, a Japanese asked the accused if he knows the
witness. The accused answered that the witness was a good element. After a
month, the witness was released. One day, the witness met the accused in the
Escolta, where the accused informed him that he was an agent of the Japanese.
During their long talk, the witness came to trust him and to give him
information about his guerrilla organization and other underground work. But in
July, 1944, the witness was arrested. In January, 1945, the witness entered
Manila, under Captain Maloles. In 1945, the witness was arrested by the CIC as a
collaborator. The witness is released on bail. He is one of those accused of the
crime of treason. - Mario M. Bundalian, 41, married, district engineer, Bureau of Public Works,
San Fernando, Pampanga, testified that he knew the accused in 1941 as one of the
contractors of the government. He met him sometime in 1943 in Manila and the
accused reported about his guerrilla activities in Cabiao, Nueva Ecija, being in
the USAFFE unit, and they discussed about their work, but the conference did not
last long. In 1943, the witness was a guerrilla officer assigned in Manila. - Jose Fernando, 33, married, testified that at the outbreak of the war he was
working in the Hacienda Buencamino at Cabiao. He was a contractor in a
government construction job. On December 10, 1941, he helped the Red Cross at
Cabanatuan. On June 2, 1942, he went to the. Ramsey guerrilla unit. Since the
beginning he was not satisfied with the Japanese occupation, so “I conferred
with my townmates to form a body to combat the Japanese administration. We
contributed money and we collected arms, and we organized a guerrilla unit.” The
witness was a first sergeant in June and in the following month he became first
lieutenant of the Fourth Squadron. “I was assigned to the area comprising the
provinces of Nueva Ecija, Pampanga and Tarlac, up to April 5, 1943. There was a
split in the ranks in our guerrilla organization between USAFFEs and
Hukbalahaps, and there were encounters between those two factions. My Commander,
Dominador Basco, and myself were captured by the Hukbalahaps, and then the group
of Hukbalahaps that captured us was raided by the Japanese, and I, together with
Dominador Basco, were able to escape; and after escaping I reported to my former
squadron. On my return to my former squadron, I stayed there for two days with
them and I, Col. Briones and my commanding officer, Dominador Basco, agreed that
we should place our respective families in a safer place, so I brought my family
here in Manila.” He brought his family to Manila on the seventh or eighth of
April, 1943. “While I was looking for a place for my family I was apprehended by
the Military Police together with Vicente Reyes and Ruperto Adriano. These two
persons were formerly attached to our squadron, but at that time they were
already with the MPs. I was tied, and I was brought to Fort Santiago. I was
maltreated, investigated; they starved me there, and they gave me the water cure
treatment. After that they tied me; then they made me rest in a certain room and
I was approached by Vicente Reyes. Vicente Reyes asked me to tell them that I am
really a Lieutenant Colonel in Central Luzon, because, according to him, he
reported that I am the Lieutenant Colonel, because he was under obligation to
point out the highest officer of the guerrillas in the Central Luzon area to the
Military Police. I told him that it is against my conscience, but he told me
that there is no other remedy, because otherwise he and myself will die. After
that, I was called again by the MPs and I was investigated and I saw that
Vicente Reyes had really presented evidence against me and I saw the evidence
were clear, and so I admitted that I am the highest ranking officer of the
guerrillas in the Central Luzon. The Japanese officer told me that if really my
intention was to help my countrymen, then I should accept a position with them
in the pacification of my countrymen. At first they offered me the position of
Japanese informer. I refused this position, and what I suggested was employment
in the office, in their management of the peace campaign. The Japanese did not
accept my offer to work in their office, and instead they made me the head of
ten Filipino agents in the Kempei-tai and they told me that if I would not
accept this position, the Japanese would kill me and will behead all the members
of my family. I accepted the position that they gave me and after that I
reported to my squadron and other guerrilla men and I related to them what
happened to me. The emissary whom I sent to different guerrilla units to relate
my plight, named Leonor Francisco, came back to me and he told me that those
people told him to tell me to continue also to help the guerrillas. I selected
real guerrilla men, mostly ex-USAFFES and other people entrusted the
communication that I sent to those different guerrilla units.” The witness had
connections with Squadron 29, USAFFE, that is Ramsey, at that time in
Cabanatuan; with Lt. Teofilo Francisco stationed at Meycauayan, Bulacan; with
Roberto Simbol stationed at Bataan; with Col. Pacifico Briones stationed at
Pinatubo Mountains; he was sending communications to the unit under Dominador
Basco; with Squadron 101 under Commander Dominador Tombo. There were also
several small units of guerrillas with whom the accused had had connections,
among those were the unit at Dapitan, under Col. Marking, the unit at the corner
of Oroquieta and Zurbaran, under Wenceslao Lamsen, and that under Capt. Leon
Pichay, in Manila. “Upon my employment in the Japanese Military Police, the
first step that I did was to select seven trusted genuine guerrillas, and to
these seven men I entrusted the communications that I sent to the underground
and to several guerrilla units. Then, among the ten men given to me by the
Japanese of whom I was the head, I dismissed seven of them, and I retained in my
office three ganaps. I cannot dismiss all of them, because this will arouse the
suspicion of the Japanese, so I have to retain three in my office. Whenever
there was a raid proposed by the Japanese to be made, the first step that I did
was to warn the people there to transfer to another place, and after that, I
report back to our office and reported to the Japanese that there was no
guerrilla in said place; however, if they are not satisfied with the report and
they wanted to raid the said place, they can do it, because I am satisfied that
they could not find any person there, because I warned them beforehand. Take,
for example, the unit under Commander Dominador Tombo. At the beginning of the
year 1943, Capt. Tombo and myself were already wanted by the Japanese in the
province, so we went here in Manila. This Capt. Tombo, every time he came to
Manila, the first thing that he did was to report to me, telling me that they
are here, and they came here with ten or fifteen men, and asked my advise or
what advise I can give him. Then I told them to go to a certain place, giving
him the number of my telephone, so that in case of danger they might call me;
and as a matter of fact, up to the middle of the year 1944, when Capt. Tombo
returned to the province, nothing happened to them, and even I gave them my
revolver and ammunitions. Another case is about the headquarters commanded by
Capt. Wenceslao Lamsen, in the City of Manila , corner of Zurbaran and
Oroquieta. This headquarters was being closely watched by the Japanese Military
Police, because there were really trusted men employed by the Japanese Military
Police as their informers or agents, and I came to know that this place was
closely watched by the Military Police. Inasmuch as one of my activities was to
protect the guerrillas, I contacted Capt. Lamsen and I told him that his
headquarters was being watched by the Japanese, and I told him that the best way
to do, inasmuch as the building that he used as headquarters was composed of two
stories, was that I will occupy the second story, so that I can camouflage the
activities of the guerrillas, and in case the building will be raided, the
Japanese will find out that I am using the first floor as my office. So, when
the Japanese came to raid the place, I was confident that they could not find
any guerrilla men in said building. When Capt. Lamsen approached me and asked me
to do whatever I can, so that he will not be employed by the Japanese, because,
according to him, he will not be able to manage his guerrilla unit. I did what I
could to prevent the Japanese from employing him, and I succeeded in this. Then,
another fact happened to Capt. Wenceslao Lamsen, when one night in November,
1944, at about 8 o’clock, the Military Police of the Airport Studio raided the
place of Capt. Lamsen. I was the one who happened to be there, and when the
Japanese Military Police found me, they asked me why I was there, and I said
that I was occupying the place as temporary office; then the Japanese searched
the place and found nothing, and they left.”The witness testified also that one Manuel Gallego was wanted by the Military
Police. He warned him and so Manuel Gallego was not arrested by the Japanese.
Gallego was the representative from the Second District of Nueva Ecija. The
witness used to help civilians coming from the provinces and arriving at Tutuban
so as to prevent their rice from being confiscated by the Military Police. He
also used to help peaceful guerrillas when they were being maltreated by the
Japanese. Jose Hernandez, a lieutenant in the Ramsey Unit at Meycauayan “was
arrested by the Japanese but my runner came immediately and reported to me that
Jose Hernandez was arrested by the Japanese so I went at once to a superior
officer to tell him that the person arrested is one of my men who is helping me
in my peace campaign. I was able to convince the superior officer, and Jose
Hernandez was released. The same is true with respect to Vicente Nuñez, of
Squadron No. 4, when he was arrested by Vicente Reyes and Buenaventura—I
interceded in their behalf, and through my intercession, they were released.”
“While I was under detention in the month of May, Ponciano Briones was arrested
by Vicente Reyes and one Ruperto Adriano, and I came to know this fact, because
Vicente Reyes and Ruperto Adriano told me that they had arrested Ponciano
Briones. After he was investigated he was released.” The witness had nothing to
do with the detention and maltreatment of Ponciano Briones. In December, 1944,
Jose Nogoy, nephew of Ponciano Briones, brought from Cabiao a machinery which
was confiscated by agents of the Japanese Military Administration. Ponciano
Briones approached the accused requesting him to recover back the machinery or
its costs, which was P4,000. The witness was able to recover only P3,000 and for
his failure to recover the remaining P1,000, Ponciano Briones harbored
resentment against him. Last September 1944, I, together with my men, arrested
Gregorio Hernandez in his house because there was a complaint against him that
he, together with other Texasmen extorted five thousand pesos from Pablo Pastaño
and Estanislao Ordoñez. After arresting him, I brought him to my office, and
while I was investigating him he told me that he left the five thousand pesos to
his companions. Then I gave him some warning, and then I sent him home after
taking the five thousand pesos from him. Since the month of June, 1944, I met
Juanita Rosales, in one of the houses of prostitution and Juanita Rosales was
one of the inmates of that house and I came to know her and came to have
understanding with her: we agreed to live with each other. Her name was not
Juanita Rosales—she was Juanita Ibañez, according to her certificate. We lived
with each other for ten months, since June 1944. While we were in Jaen, Nueva
Ecija, about the end of March, 1945, Juanita Rosales told me that Gregorio
Hernandez had been her sweetheart before the war. Before April 27, 1945, I
discovered that Juanita Rosales returned back to her old business in Jaen, Nueva
Ecija, and I scolded her and I told her to leave. She returned here to Manila
and I even gave her P20 for her transportation expenses. I met her at the
headquarters of the guerrillas at Meycauayan on April 27, 1945. Nothing happened
to us. When she came to the headquarters of the guerrillas at Meycauayan she
reported to the guerrillas that I was an agent of the Japanese Military Police.”
The accused had Abraham Albines arrested because he “was in company with
Gregorio Hernandez in their thieveries.” Because Consolacion Tongol was sick,
“she asked Lt. Leonor Francisco to fetch me. Upon my arrival at the house of
Consolacion Tongol I asked her why she sent for me. She told me that she was
sick and she wants to be hospitalized in the city. Then I told her to be
prepared and I will conduct her to the hospital in the city. She told me that
her money and clothes were placed at different places, and the best time for her
to start was on the following day. I took my lunch in her house, and after
lunch, she told me that she will get her clothes in the laundry; but after 30
minutes, a group of Japanese, accompanied by the Municipal Mayor of the town
came to raid the house, and I was one among those arrested in the house. When I
asked the Japanese why he was arresting me, he told me that I was denounced as a
bad man. Then I showed to them my identification card, and the Japanese then
found that I was not a bad man. I was conducted to the office of the Military
Police in the town and there in the office I saw Consolacion Tongol. We slept in
the town of Arayat that night, and that night I learned that Consolacion Tongol
was kidnapped by guerrillas, and on the following morning I returned to Manila .
Consolacion Tongol was the nurse of our guerrilla unit.” The witness does not
know anything about Gabriel Tongol. The second time the accused went to Arayat
was because he was sent for by the barrio people of Candating and by the head of
the guerrilla unit. They asked him to intercede with the Japanese authorities
who have committed many abuses against the population. “Upon my arrival I
remonstrated with the Japanese military authorities and I transmitted to them
the plight of inhabitants of the barrio. On my arrival there in the barrio of
Candating, the town mayor gathered the people of the barrio, and about 300
people gathered there, and the mayor separated those who were not guerrillas and
he denounced the guerrillas to the Japanese. I interceded for them and explained
to the Japanese that those people were not guerrillas, they were simply farmers,
and I explained to the mayor that with that system there will be no real peace
in the town. I quarreled with the mayor, because the mayor was insisting that
those men who were segregated were guerrillas, and as a result of which I
quarreled with him. To save those people, I selected one person by the name of
Mabini, and I gave him instructions as to what he should do, that somebody
should be sacrificed, that he should suffer, because that would be their only
salvation. He followed my instructions, and they were saved. I took hold of this
person named Mabini, and I investigated him in the presence of the Japanese, and
I even slapped both of his face, and this man insisted that he is not a
guerrilla, that he is a peaceful farmer. Then the Japanese approached us, and
they asked what the person was trying to explain, and I told the Japanese that
he was saying that he was not a guerrilla, that he was a peaceful farmer, but
that we could not understand each other. Then the Japanese interpreter explained
to me. I exerted all my efforts to convince the Japanese that I was really
investigating, and because of that they were saved.” After his mission in
Candating, he returned to Manila, “Upon my return here in Manila, I closely
watched the activities of the Japanese Military Police, and I stole the plan and
sketches of the places here in Manila and suburbs to be zonified by the
Japanese; and one time I was able to steal from the car of Colonel Takano, here
in Escolta, the plans and sketches of the different places here in Manila and
suburbs that were to be zonified; and as a matter of fact, the loss of those
maps created a furor here in the city among the Japanese, and they have offered
a reward of ten million pesos for the recovery of said sketches and maps. They
were not recovered, because I sent said maps and sketches to the guerrilla
officer, Capt. Antolin Rosales; and as a matter of fact what happened then was
that even the detectives at the City Hall were arrested here in Manila, and some
of them were brought to my office and were investigated. Then I helped in the
arrest and investigation of the “texas” here in Sampaloc and Quiapo. When the
American liberating forces arrived here in the city, February 3, 1945, I went
with Capt. Wenceslao Lamsen, and I indicated to him the places of danger that
may endanger the lives of Americans and guerrillas; and after that I proceeded
to Jaen, Nueva Ecija.”After the witness joined the Japanese Kempei-tai and he was made the
head of a group of ten men, he separated seven among them, but he could name
only one Johny, one Tony, one Pedro, and one Ruperto. He forgot their surnames.
In 1942, he left Nueva Ecija because of the fact that he sensed that he was
being pursued and wanted by guerrillas and the Japanese and by the peace
officers of Cabanatuan or Cabiao. After he was made head of a group of Filipino
agents, the accused enjoyed absolute freedom and he could escape. The Japanese
“had not trusted me, so they were always suspicious of me. I had access to their
offices, because at times they called us or investigated us.” - Dominador Panis, 28, married, sportsman, residing at 772 Tayabas, Manila,
testified that he has known Jose Fernando before the war. Fernando knew pretty
well that the witness was active in the resistance movement. They dined together
many times, and the accused told him several times of raiding certain places. In
November, 1944, the witness was arrested by the Japanese and brought to the
Airport Studio where he was detained for 27 days. Through the intercession of
Jose Fernando he was released. At the garrison, he was tortured and several
scars of his face show the effects of his torture. I saw the accused once inside
the Airport Studio.
After carefully weighing the above testimonies, we are convinced that the
prosecution has been able to prove beyond all reasonable doubt that appellant,
being a Filipino citizen, had adhered to the cause of the Imperial Government of
Japan, by giving aid and comfort to their military forces stationed in the
Philippines during the enemy occupation, having served as informer and active
member of the Kempei-tai, the Japanese military police organization,
having arrested Ponciano Briones, Gregorio Hernandez, Abraham Albines and
Gabriel Tongol as guerrilla suspects or having immediate connection with
guerrilla suspects, in an attempt to suppress the Underground resistance
movement. In proving the overt acts imputed to appellant, the two-witness rule
provided by article 114 of the Revised Penal Code has been fully satisfied.
Appellant’s claim that he was forced into the service of the
Kempei-tai by the enemy appears to be without merit. The circumstances
under which he alleges having been forced by the Japanese to serve them seem to
belie his allegation. It is incredible that, while appellant was undergoing
detention and maltreatment for his alleged connection with the resistance
movement, the Japanese should, without much ceremony, upon appellant’s show of
willingness to abide by their order to serve them, release him, provide him with
firearms, and put under his charge a group of Filipino informers in the service
of the Kempei-tai. To place appellant in such a responsible position,
full of opportunity and means either of helping the Japanese or sabotaging their
military efforts, appellant must beforehand have shown them strong evidence of
adherence and loyalty for the Japanese to trust him.
If appellant’s claim of unwillingness was true and he was helping the
underground resistance movement at heart, he offered no explanation for his
failure to take advantage of the freedom granted him during the long months of
service in the Kempei-tai by fleeing from the enemy to join the
guerrilla forces or by sabotaging the military efforts of the Japanese. His
uncorroborated claim of having stolen zoning maps appears to be too flimsy to be
believed, not only because appellant has not shown any military usefulness in
said theft, but also because the Japanese needed no maps for their zonings which
they practiced in a haphazard and indiscriminate way. That appellant, instead of
fleeing from, or sabotaging the efforts of, the enemy, should have made arrests
and investigations to actually help the Japanese in their campaign, for the
suppression of guerrilla activities, makes wholly unacceptable his claim of
having entered the service of the Kempei-tai involuntarily.
Appellant’s allegation that his employment in the Kempei-tai was
known and approved by guerrilla leaders is a gratuitous allegation without any
reliable evidence to support it. Not a single guerrilla leader or guerrilla
soldier was called by appellant to support or corroborate him in his claim.
At any rate, even on the hyphothesis that appellant’s claim of his
involuntarily induction into the Kempei-tai, and that said induction
was approved by the guerrilla chieftains, have been proved, they cannot
exculpate him from criminal responsibility for the arrests and investigations of
guerrilla suspects and their relatives and for the punishments and tortures
inflicted by him on them, as conclusively proved by the evidence on record, as
with said overt acts he helped the military purposes of the enemy, with no other
purpose than to show his adherence and support to the Japanese cause in the last
war.
Appellant never claimed that he made the arrests and investigations and
inflicted the punishments and tortures impelled by force or induced by
insurmountable fear of the Japanese, which, if proved, would relieve him from
criminal responsibility, nor with the knowledge and approval of guerrilla
leaders, which, even if accepted, would not exculpate him and rather make said
leaders answerable with appellant for the crime of treason.
The appealed decision is affirmed with costs against appellant.
Moran, C.J., Feria, Pablo, Hilado, Bengzon and Tuason, JJ.,
concur.
PARAS, J.:
In the result. Appellant caused the arrest of
many persons who have been severely punished illegally.