Criminal Law II
1st Year - LLB
Republic of the Philippines 2. Sometime during the month of March 1944 in
the municipality of Dalaguete Province of Cebu,
SUPREME COURT Philippines with the purpose of giving and with
Manila the intent to give aid and comfort to the enemy
and her military forces said accused being a
soldier of the Philippines Constabulary did then
and there wilfully, feloniously and treasonably
EN BANC
lead guide and accompany a patrol of 13
constabulary soldiers and did arrest and
apprehend Fortunato Linares for being
G.R. No. L-433 March 2, 1949 guerrillas and or guerrilla supporters; that said
accused did tie and torture the aforesaid person
and cut a portion of their ears, the tortures
THE PEOPLE OF THE PHILIPPINES, plaintiff- being so severe especially with respect to
appellee, Antolin Rodriguez who effectively died as a
result of said tortures administered by the
vs. accused.
GAUDENCIO ROBLE, defendant-appellant. 3. On or about May 18, 1944, in Cebu City
Gonzalo D. David for appellant. Philippines with the purpose of giving and with
the intent to give aid and comfort to the enemy
Assistant Solicitor General Roberto A. Gianzon and her military forces, said accused being a
and Solicitor Jaime de los Angeles for appellee. soldier of the Philippines Constabulary did then
and there wilfully, unlawfully feloniously and
TUASON, J.:
treasonable accompany a group of Constabulary
Charged with treason on three counts, the soldiers all armed, to Mambaling and other parts
defendant pleaded guilty and was sentenced to of Cebu City and did apprehend Eleuterio
death by the First Division of the People's Court Padilla, a former USAFFE soldier for being a
1 F. Sagot
guerrilla, and there herein accused and his
sitting in Tacloban, Leyte. The correctness of the
penalty is the sole question put in issue in this companions did tie and torture said Eleuterio
appeal. Padilla detain him at the Constabulary
Headquarters for several days after which he
The information alleges: was taken out and mercilessly killed on May 26,
1944 by said accused.
1. On or about March 20, 1944, in the
municipality of Dalaguete, province of Cebu, The court held that the facts alleged in the
Philippines with the purpose of giving and with information is a complex crime of treason with
the intent to give aid and comfort to the enemy murders with the result that the penalty
and her military forces said accused being a provided for the most serious offense was to be
member of the Philippines Constabulary did imposed on its maximum degree. Viewing the
then and there wilfully unlawfully, feloniously case from the standpoint of modifying
and treasonably lead guide and accompany 10 circumstances the court believed that the same
other member of the pro-Japanese constabulary result obtained. It opined that the killing were
all armed like the accused and did apprehend murders qualified by treachery and aggravated
and arrest Paulino Osorio for having helped the by the circumstances of evident premeditation
guerrillas and of being the Father of two superior strength cruelty and an armed band.
guerrilla men; that the herein accused after
maltreating said Paulino Osorio did detain him We think this is error. The torture and murders
in the municipal jail of Dalaguete; that in the set forth in the information are merged in and
same date the accused and his companions did formed part of treason. They were in this case
apprehend Melchor Campomanes and 7 other the overt acts which besides traitorous intention
person who were also tortured for being supplied a vital ingredient in the crime.
guerrillas supporters and sympathizers and the Emotional or intellectual attachment and
accused herein with his firearm did shoot sympathy with the foe unaccompanied by the
Melchor Campomanes killing him instantly; giving of aid and comfort is not treason. The
Criminal Law II
1st Year - LLB
defendant would not be guilty of treason if he For the very reason that premeditation
had not committed the atrocities in question. treachery and use of superior strength are
absorbed inn treason characterized by killings,
On the question of the applicability of the the killing themselves and other accompanying
aggravating circumstances which impelled the crime should be taken into consideration for
court against its sentiment to give the defendant measuring the degree and gravity of criminal
the extreme penalty we only have to refer to responsibility irrespective of the manner in
People vs. Racaza (82 Phil., 623) in which this which they were committed. Were not this the
question was discussed and decided. There we rule treason the highest crime known to law
said: would confer on its perpetrator advantage that
The trial court found the aggravating are denied simple murderer. To avoid such
circumstances of evident premeditation incongruity and injustice the penalty in treason
superior strength treachery and employment of will be adapted within the range provided in the
means for adding ignominy to the natural effects Revised Penal Code to the danger and harm and
of the crime. to which the culprit has exposed his country and
his people and to the wrongs and injuries that
The first three circumstances are by their nature resulted from his deeds. The letter and
inherent in the offense of treason and may not pervading spirit of the Revised Penal Code
taken to aggravate the penalty. Adherence and adjust penalties to the perversity of the mind
the giving of aid and comfort to the enemy is in that conceived and carried the crime into
many cases as in this a long continued process execution. Where the system of graduating
requiring for the successful consummation of penalties by the prescribed standards is
the traitor's purpose, fixed, reflective and inapplicable as in the case of homicides
persistent determination and planning. connection with treason the method of analogies
to fit the punishment with the enormity of the
So are superior strength and treachery included
offense may be summoned to the service of
in the crime of treason. Treachery is merged in
justice and consistency and in the furtherance of
superior strength; and to overcome the
2 the law's aims. F. Sagot
opposition and wipe out resistance movements
which was Racaza's purpose in collaboration Considering all the facts and circumstances of
with the enemy the use of a large force and the case we believe that the appellants
equipment was necessary. The enemy to whom spontaneous plea of guilty is sufficient to entitle
the accused adhered was itself the him to a penalty below the maximum. The
personification of brute superior force and it appealed decision is therefore modified and the
was this superior force which enabled him to sentence reduced to reclusion perpetua with the
overrun the country and for a time subdue its legal accessories and costs.
inhabitants by his brutal rule. The law does not
expect the enemy and its adherents to meet Moran, C.J., Paras, Feria, Pablo, Perfecto,
their foes only on even terms according to he Bengzon, Briones and Reyes, JJ., concur.
romantic traditions of chivalry.
But the law does abhor inhumanity and the
abuse of strength to commit acts unnecessary to
the commission of treason. There is no
incompatibility between treason and decent,
human treatment of prisoners, Rapes, wanton
robbery for personal grain and other forms of
cruelties are condemned and the perpetration of
these will be regarded as aggravating
circumstances of ignominy and of deliberately
augmenting unnecessary wrong to the main
criminal objective under paragraphs 17 and 21
of Article 14 of the Revised Penal Code. The
atrocities above mentioned of which the
appellant is beyond doubt guilty fall within the
terms of the above paragraphs.
