Title 1 Crimes Against National Security and The Law of Nations

 

ARTICLE 114 Laurel v Misa 77 Phil 856, G.R. No. L-409 January 30, 1947

DOCTRINE: Allegiance is either permanent or temporary. A Filipino citizen owes permanent allegiance to the Philippines while a resident alien alien owes owes a tempor temporary ary allegia allegiance nce to our  country.

Commonwealth but held the active co coll llab abor orat atio ioni nist stss in re rest stra rain intt “f “for or th thee duration of the war”. Laurel, not discouraged, filed a motion and contends that he cannot be prosecuted for  the cr criime of treason because a) the sovereignt sover eignty y of the legitimate legitimate government in the the Ph Phil ilip ippi pine nes, s, an and d co cons nseq eque uent ntly ly,, th thee allegi giaance of Filipi pin no citizens was suspend ndeed; b) there was a cha han nge of  sove sovere reig ignt nty y over over th thee Is Isla land ndss up upon on th thee  proclamation of the Philippine Republic ISSUES:

Tr Trea easo son n canno cannott be co comm mmit itte ted d in time time of   peace. It is a war crime. While there is  peace, there are no traitors. There must be a war in which the Philippines is involved. FACTS: This is a resolution of the decision of the SC denying the petition for the writ of habeas corpus filedby Laurel. Anastacio Laurel was arrested by the US Army and was interned under a commitment order for collaborating with with the the Japa Japane nese se du duri ring ng the the Ja Japa pane nese se occu occupa pati tion on.. He was was turn turned ed over over to the the Commonwealt Commo nwealth h Government Government and since then has been under the custody of the respondent Di Dire rect ctor or of Pr Pris ison ons. s. He file filed d an orig origin inal al action in the Supreme Court invoking the  privilege of the writ of habeas corpus. He maintains that his arrest was illegal and in violation of his constitutional rights and that that the the Peop People le’s ’s Cour Courtt Act Act 68 682 2 whic which h su susp spend endss the the appli applica cati tion on of the the si sixx-ho hour  ur  limitation on detention to political prisoners is un uncon const stit itut utio ional nal.. The The SC court court in its its decision, denied his petition and rejected the  petitioner’s contention mainly because no vested right was violated as the Act is not an ex-post facto law. Although the RPC was in effect during his arrest, he could not have as aske ked d for for rele releas asee af afte terr 6 ho hour urss as Gen. Gen. Doug Do ugla lass McAr McArth thur ur re revi vive ved d the the la laws ws of 

a) Whether the sovereignty of the legitimate government in the Philippines is suspended upon occupation  b) Whether the occupation by an enemy suspends the allegiance of Filipino citizens to the sovereignty c) Whet Whethe herr th thee te temp mpor orar ary y al alle legi gianc ancee by inhabitants of a territory to their occupants re remo move vess th thee pe perm rman anen entt al alle legi gian ance ce of a citizen to his legitimate government d) Whethe Whetherr politi political cal laws, laws, such such as cri crimes mes against national security, are suspended or  inapplicable against the occupants e) Whe Whethe therr politi political cal laws, laws, such such as cri crimes mes against national security, are suspended or  inapplicable against the inhabitants f) Wh Whet ethe herr th thee oc occu cupa pant nt may may re repe peal al or  suspend the operation of the law of treason g) Whether there was a change of   sovereignty of the Islands upon  proclamation of the Republic and

 

ther theref efor oree pe peti titi tion oner er ca can n be re rele leas ased ed as trea treaso son n was was no nott commi committ tted ed ag agai ains nstt this this sovereignty h) Whethe Whetherr petiti petitioner oner can be grante granted d the  privilege of the writ of habeas corpus HELD/RATIO: a) No. Sovereign Sovereignty ty of the governmen governmentt or  sovereign de jure is not transferred to the occupi occ upier er but remain remainss with with the legit legitima imate te government. It cannot be suspended because the the ex exis iste tenc ncee of sover overei eign gnty ty ca cann nnot ot be suspended without putting it out of existence or divesting the possessor thereof. What is suspend sus pended ed is the exercis exercisee of the rights rights of  sovereignty with the control and government of the territory occupied by the enemy which  passes temporarily to the occupant.  b) No. A citizen owes an absolute and  permanent allegiance to his legitimate government and it cannot be transferred to the occupant. Moreover, sovereignty itself is not suspend suspended ed and subsis subsists ts during during enemy enemy occupation so the allegiance to the sovereign subsists and therefore there is no such thing as suspended allegiance. c) No. The temp emporary allegianc ncee of  inha inhabi bita tant ntss to oc occu cupa pant ntss is si simi mila larr to temporary allegiance of a resident alien to the territory wherein he resides. In the same way wa y that hat the cit citiz izen en of a sover overei eign gn or  go gover vernm nmen entt can can be co convi nvict cted ed of trea treaso son n committed in a fore oreign cou oun ntry, the inhabitant of a territory occupied by military forces of an enemy may also commit treason ag agai ains nstt his his own le legi giti tima mate te gover governm nmen ent. t. Allegiance is not merely the obedience to laws in return for a man’s protection in his  place of residence because by obeying said laws, he is not bound to obey the laws of his own government. d) Yes. With the suspension of the exercise of the rights of sovereignty by the legitimate

go gove vern rnme ment nt,, th thee au auth thor orit ity y to gover govern n ha hass  passed into the hands of the occupant and  political laws are suspended. They are inope perrative or not applicable to the go gove vern rnme ment nt es esta tabl blis ishe hed d by th thee oc occup cupan antt  because they exclusively bear relation to the le legi giti tima mate te go gove vern rnme ment nt.. Cr Crim imes es again against st national security (of the leg egiitimate government) such as treason as penalized by the RPC are also deemed suspended against the occu occupa pant nt beca becaus usee they hey cann cannot ot be committed against it. e) No. No. Tr Treas eason on is ap appl plic icab able le to tr trea easo son n committed against the national security of  the the le legi giti tima mate te gove govern rnme ment nt be beca caus usee th thee inhabitants of the occupied territory are still  bound by their allegiance to the latter during enemy occupation. f) No. This is not necessary to control the inhabitants and it is tantamount to  practically transfer temporarily to the occupant their allegiance to the sovereign. If  an inhabitant is compelled illegally, he can lawfully resist or submit without becoming a traitor. g) No. There is no change of sovereignty so the crime of treason committed during the Japanese Japane se occupation occupation was committed committed against the the sa same me so sove vere reig ign n pe peopl oplee and th thee sa same me government. h) No. He cannot be released. Perfecto, concurring: Tre reas ason on is a war war cr criime and and ca cann nnot ot be committed during time of peace. Allegiance to the government was not suspended during the the en enem emy y oc occu cupat patio ion. n. 4 ki kind nds: s: Na Natu tura ral, l, Acquired, Legal, Local. The idea of ofsu susp spen ende ded d sove sovere reig ignt nty y of susp suspen ende ded d allegi giaance is inco com mpa pattible with the Constitution which states that “Sovereignty re resi side dess in th thee peopl peoplee and al alll go gover vernm nmen entt authority emanates from them.

 

Hilado, concurring: Allegiance to citizens of the country to the legi legiti tima mate te gove govern rnme ment nt and and US was was no nott suspended during the Japanese occupation. Because of the Brian-Kellogg Pact in which Japan is an asignatory, the unjustifiable war  is a crime committed by Japan; hence it is an illegal war. Dissent: During the long period of Japa pan nese oc occu cupat patio ion, n, all all the the po poli liti tical cal la laws ws of the the Philippines Phili ppines were suspended. suspended. Thus, treason un under der the the Revi Revise sed d Pe Penal nal Code Code ca cann nnot ot be  punishable where the laws of the land are momentaril momen tarily y halted. halted. Regarding Regarding the change of sovereignty, it is true that the Philippines wasn’t sovereign at the time of the Comm Co mmon weal alth th sinc since e the it was wa un unde der r ason the thne Uni United tedonwe States Sta tes. . Hence, Hen ce, acts actss of treaso tre done cannot carry over to the new Republic wher wh eree the the Phi Philippi ippine ness is now now indee ndeed d sovereign. People vs. Perez 83 Phil 314

1942, the accused came to her house to get her and told her that she was wanted in the ho hous usee of he herr au aunt nt,, but but in inst stea ead, d, she she was was  brought to the house hou se of the Puppet Governor  Agapito Hontanosas; that she escaped and returned to Baclayon her hometown; that the accu accuse sed d ca came me ag agai ain n and and tol old d her her th that at Colonel Mini wanted her to be his Information Clerk; that she did not accept the job; that a week later the accused came to Baclayon to get her, and succeeded in taking tak ing some some other other girls girls Puppet Puppet Govern Governor  or  Agapito Hontanosas; tha hatt Governor  Hont Ho ntan anos osas as to told ld he herr th that at Colo Colone nell Mini Mini wanted her to be his wife; that when she was  brought to Colonel Mini the latter had nothing on buta "G" string; that he, Colonel Mini threatened her with a sword tied her to a bed and with force succeeded in having ca carn rnal al kn know owle ledg dgee wi with th he her; r; th that at on th thee following night, again she was brought to Colonel Mini and again she was raped; that finally she was able to escape and stayed inhiding for three weeks and only came out from from th thee hi hidi ding ng when when Colo Colonel nel Mini Mini le left ft Tagbilaran.

FACTS:

Countt 2: Pe Coun Pere rez, z, in co comp mpan any y wi with th some some Japanese and Filipinos, took Eriberta Ramo and her si siste sterr Cleopat Cleopatra ra Ramo Ramo from from their  their  home in Baclayon to attend a banquet and a dance organized in honor of Colonel Mini in or orde derr th that at Mini Mini migh mightt se sele lect ct th thos osee who who woul wo uld d la late terr be ta taken ken to sa sati tisf sfy y hi hiss lu lust st.. Bymeans of threat, force and intimidation, the the ab abov ovee ment mentio ione ned d two two si sist ster erss were were  brought to the headquarters of the Japanese Comm Co mman ande derr at th thee Miss Missio ion n Hosp Hospit ital al in Tagbilaran.

Countt 1: Per Coun Perez, ez, wi witth othe otherr Fil Filipino pinos, s, recrui rec ruited ted women women girls girls and women women agains againstt their will to satisfy the lust of Colonel Mini. The victims included Felina Felina Laput, Laput, Eriberta Eriberta Ramo, Ram o, Eduard Eduardaa Daohog, Daohog, Eutiqu Eutiquia ia Lamay, Lamay, Felici Fel iciana ana Bonalo Bonaloss and Flavia Flaviana na Bonalo Bonalos. s. Er Erib iber erta ta Ramo Ramo test testif ifie ied d that that on Ju June ne 15,

Countt 4: On July Coun July 16 16,, 1942 1942,, Edua Eduard rdaa S. Daohog Dao hog and Eutiqu Eutiquia ia Lamay, Lamay, were were taken taken from their homes in Corella, Bohol, by Perez and his companion named Vicente Bullecer, and delivered to the Japanese Officer, Dr. Takibayas to satisfy his lust, but Perez and Bull Bu llec ecer er ra rape ped d th thee wome women n fi firs rstt be befo fore re

G.R. No. L-856, April 18, 1949

Ponente: Tuason, J. Susano Perez was convicted of treason by the 5th Division of the People's Court sitting in Cebu Cebu City City an and d se sent nten ence ced d to de deat ath h by electrocuti elect rocution. on. Only five (1, 2, 4, 5, 6) out of  seven counts of information were substantiated by the prosecution.

 

 bringing them to Takibayas. Perez raped Edua Ed uard rdaa and and Bull ullecer ecer raped aped Eut Eutiqui iquiaa Lamay. Lam ay. Eduard Eduardaa S. Daohog Daohog testi testifie fied d that that whil wh ilee on the the way way to Ta Tagb gbil ilar aran an,, Pe Pere rezz through force and intimidation, raped her in an uninhabited house; that upon arriving in Tagb Ta gbiilara laran, n, sh shee was was del deliver ivered ed to the the Japanese Officer named Takibayas who also raped her. Eutiquia Lamay testified that on July 16, 1942, the accused and his companion, Bullecer, went to her house to takee her andher sister; tak sister; that that her sister sister was then then out out of the the hous house; e; that that the the ac accu cuse sed d threatened her with a revolver if she refuses to go; that she was placed in a car where Eduarda Daohog was; that while they were in the car, the accused carried Eduarda out of the car, car, and their their compani companion on Bullec Bullecer  er  took to ok Euti Eutiqu quia ia La Lama may; y; that that la late ter, r, sh shee and Eduarda were taken to the Governor's house; that the accused and Bullecer brought the two girls to the Japanese headquarters; that Edua Ed uard rdaa was was raped aped by Taki Takiba baya yass and and Eutiquia was raped by another Japanese.

Count 5: On or about June 4, 1942, Perez comman com mandeer deered ed Felici Feliciana ana Bonalos Bonalos and her  sist sister er Fl Flav avia iana na and that that they they were were to be taken aken as wi wittness nesses es bef before ore a Ja Japa pane nese se Colonel in the investigation of a case against a certain Chinese (Insik Eping), and upon arriving arri ving at Tagbilaran, Tagbilaran, Bohol, the accused  brought the two girls to the residence of  Colo Co lonel nel Mini Mini an and d by means means of viol violenc ence, e, threat and intimidation, Mini abused and had sexual intercourse intercourse with Flaviana Bonalos; Bonalos; that hat Pere Perezz foll ollowed owed in havi having ng car carnal nal kn know owle ledg dgee wi with th Flavi Flavian ana; a; that that tw two o da days ys later, Perez brought Feliciana Bonalos to a secluded place in Tagbilaran, Bohol, and in the dark darkne ness ss,, by mean meanss of threa hreatt and and viol violen ence ce ha had d ca carn rnal al kn know owle ledge dge wi with th he her  r  against her will.

Count 6: Perez, together with his Filipino companion on,, apprehende ded d Natividad Barcinas, Nicanora Ralameda and Teotima Barcinas, nurses of the provincial hospital, for not having attended a danceand reception or organ ganiz ized ed in ho hono norr of Colo Colonel nel Mini Mini and other Japanese high ranking officers which was held in Tagbilaran market on June 25, 1942; that on July 8, 1942, said nurses were forced to attend another banquet and dance in ord order er that that the Japane Japanese se office officers rs might might make a selection which girls would suit best their fancy. Issue:  Whether or not the acts of Perez in luring wome wo men n to sa sati tisf sfy y th thee lu lust st of Ja Japa pane nese se officials constitute treason. Held: No. Ratio: As general rule, to be treasonous the extent of the aid and comfort given to the enemies must mu st be to re rend nder er as assi sist stanc ancee to th them em as enemies and not merely as individuals and in additi add ition, on, be direct directly ly in furthe furtheran rance ce of the enemies' hostile designs. His "commandeering" of women to satisfy the lust of Japanese officers or men or to enliven the entertainment held in their honor was not treas treason on eve even n th thou ough gh th thee wome women n and th thee entertainment helped to make life more  pleasant for the enemies and boost their  spirit; he was not guilty any more than the women themselves would have been if they volunt vol untari arily ly and willi willingl ngly y had surren surrender dered ed their bodies or organized the entertainment. Sexual and social relations with the Japanese di did d no nott di dire rect ctly ly an andm dmat ater eria iall lly y te tend nd to improve their war efforts or to weaken the  power of the United State. Ruling:

 

Perez is guilty of four counts of rape and sentenced for each of them to an indete ind etermi rminat natee penalt penalty y of from from 10 year year of   prision mayor to 17 year and 4 months of  reclusion temporal.

information, not only as crimes distinct from treason but also as modifying circumstances. Thee Soli Th Solici cito torr Gene Genera rall ag agre rees es wi with th th thee decision except as to the technical designation of the crime. In his opinion, the of offe fens nsee co comm mmit itte ted d by th thee ap appe pell llan antt is a “complex crime of treason with homicide”.

PEOPLE V. PRIETO

FACTS: -The appellant was prosecuted for treason. -T -Two wo wi witn tnes esse sess ga gave ve ev evid iden ence ce bu butt thei their  r  stat statem ement entss do not coinc coincid idee in an any y si singl nglee detail det ail.. The first first witnes witnesss testi testifie fied d that that the accused with other Filipino undercovers and Japa Japane nese se sold soldie iers rs ca caug ught ht an Amer Americ ican an avi aviator ator and and had had the wit witnes ness carr carry y the American to town on a sled pulled by a ca cara raba bao. o. That That on the the way, way, the the ac accu cuse sed d wallked wa ked behi behind nd the sle led d and and as aske ked d the  prisoner if the sled was faster than the airplane; that the American was taken to the Kempetai headquarters, after which he did not know what happened to the flier. -The next witness, testified that he saw the ac accu cuse sed d foll followi owing ng an Amer Americ ican an an and d the the accused were Japanese and other Filipinos. -The lower court believes that the accused is “g “gui uilt lty y be beyo yond nd re reas asona onabl blee do doubt ubt of the the crime of treason complexed by murder and  physical injuries”, with “the aggravating circumstances mentioned above”. Appa Ap pare rent ntly ly,, the the co cour urtt ha hass rega regard rded ed the the murders and physical injuries charged in the

-Accused being a member of the Japanese Milita Mil itary ry Police Police and acting acting as underco undercover  ver  man for the Japanese forces with the purpose of giving and with the intent to give aid and comfor com fortt feloni felonious ously ly and treaso treasonabl nably y lad, lad, guide and accompany a patrol of Japanese soldie sol diers rs and Filipi Filipino no unde underco rcover verss for the  purpose of apprehending guerillas and locating their hideouts.

ISSUES;

1. Whether Whether the “two-witne “two-witness” ss” rule was sufficiently complied. 2. Whether Whether the TC erred in ruling ruling that the the mu murd rder erss an and d physi physica call in inju juri ries es were were crimes distinct from treason.

HELD:

1. NO, it was not sufficiently complied. Thee wi Th witn tnes esse sess ev evid iden entl tly y re refe ferr rred ed to tw two o different occasions. The two witnesses failed to corroborate each other not only on the whole overt act but on any an y part of it. 2. The execution of some of the guerilla su susp spec ects ts ment mentio ione ned d an and d th thee in infl flic icti tion on of 

 

 physical injuries on others are not offenses separa sep arate te from from treaso treason. n. There There must must concur  concur   both adherence to the enemy and giving him aid and comfort. One without the other does not make treason.

conceived the diabolical idea of killing the residents. Appellant killed six women.

In the nature of things, the giving aid and comfort can only be accomplished by some kind of action. Its very nature partakes of a deed or physical activity as opposed to a ment me ntal al opera operati tion on.. This This de deed ed or ph phys ysic ical al ac acti tivi vity ty may may be be,, an and d ofte often n is is,, in itse itself lf a criminal offense under another penal statute or prov provis isio ion. n. Even Even so so,, when when the the deed deed is charged as an element of treason it becomes identified with the latter crime and cannot be the subject of a separate punishment.

subjec sub jectt to the jurisd jurisdict iction ion of the People People’s ’s Court. Cour t. Appe Appell llan antt had lo lost st hi hiss Ph Phil ilip ippi pine ne citizenship and was therefore not amenable to the Philippine law of treason.

However, Howeve r, the brutal brutality ity with with the killin killing g or   physical injuries were carried out may be taken ta ken as an aggr aggrav avat atin ing g ci circ rcum umst stanc ances es.. Thus, the use of torture and other atrocities on the victims instead of the usual and less  painful method of execution will be taken into account to increase the penalty. PEOPLE V. MANAYAO

FACTS: -Appellant Pedro Manayao was among those who wh o were were ch char arge ged d wi with th the the ag aggr grav avat atin ing g circumsta circu mstances nces of 1.) the aid aid of armed men men and 2.) the employment or presence of a  band in the commission of the crime, he was sentenced to death. -The guerrillas raided the Japanese in Angat, Bulacan. In reprised, Japanese soldiers and a nu numb mber er of Fi Fili lipi pinos nos af affi fili liat ated ed wi with th the the Makapili, among them the instant appellant,

-Appellant’s counsel contends that appellant wass a memb wa member er of th thee Ar Arme med d Forc Forces es of  Japan, was subject to military law, and not

-He further contends certain provisions of  CA 63 states that: A Filipino citizen may lose his citizenship in any of the following ways and/or events. -By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of  age or more. -By accepting commission in the military, naval or air service of a foreign country.

-By -By hav havin ing g be been en decla declare red, d, by co comp mpet eten entt authority, a deserter of the Philippine Army,  Navy, or Air Corps in time of war, unless subsequently a plenary pardon or amnesty has been granted. ISSUE: Whether ISSUE: Whether the accuse accused d is guilty guilty of  treason HELD: Yes, the appellant was found guilty of the crime of treason. The Makapili, although organized to render  military aid to the Japanese Army in the Philippines during the late war, was not a  part of said army. It was an organization of  Filipino traitors.

 

Theree is no ev Ther evid iden ence ce that that appel appella lant nt ha hass subs subscr crib ibed ed to an oa oath th of al alle legi gian ance ce to support the constitution or laes of Japan.

 brought them about himself freely and voluntarily.

The members of the Makapili could have swor sw orn n to he help lp Japa Japan n in the the war war with withou outt

PEOPLE V. ADRIANO

necessari arily swear ariing to constitution and the laws.

FACTS:

support ort

he her  r 

 Neither was there any showing too that they have lost their citizenship in connection with the provisions stated in CA 63. No person even when he has renounced renounced or incurred incurred the loss of his nationality, shall take up arms against his native country; he shall be held guilty of felony and treason, of he does not strictly observe this duty.

-Apolonio Adriano owing allegiance to the US and the Commonwealth of the Philip Phi lippin pines, es, in violat violation ion of aid all allegi egiance ance,, did then and there willfully, criminally and treasonably adhere to the Military Forces of  Japan In the Philippines, against which the Philippines and the United States were then at war war, gi givi ving ng the sa saiid enem enemy y ai aid d an and d comfort.

As to appell appellant ant’s ’s content contention ion that that he only only acted in obedience to an order issued by a supe superi rior or an and d is ther theref efor oree ex exem empt pt from from crim crimin inal al,, liab liabil ilit ity, y, be beca caus usee he al alle lege gedl dly y acted in the fulfillment of a duty incidental to his service for Japan as a member of the Makapili. Paragraphs 5 and 6 of Art. 11 of  RPC states that compliance with duties to or  orders from a foreign sovereign is considered an illegal order.

-The accused is alleged to be a member of  the Makapili and alleged to be a member of  the Makapili and alleged to have been bore arms and joined and assisted the Japanese Military Forces and the Makapili Army in armed conflicts and engagements against the US armed forces and the Guerillas.

The co The cont nten enti tion on that that as a memb member er of the the Makapili appellant had to obey his Japanese masters under pain of severe penalty, and that therefore his acts should be considered as co comm mmit itte ted d unde underr the the impu impuls lsee of an irresistible force or uncontrollable fear of an equal or greater greater injury. Appellant joined the Maka Ma kapi pili li wi with th the the full full knowl knowledg edgee of its its avowed purpose of rendering military aid to Japan Japan.. He kn knew ew the the co cons nseq equen uence cess to be expected- if the alleged irresistible force or  uncontroll uncont rollable able fear subsequentl subsequently y arose, arose, he

-TC found that the accused participated with Ja Japan panes esee so sold ldie iers rs in ce cert rtai ain n ra raid idss an and d in confiscation of personal property. The court  below, however, said these acts had not been established by the testimony ony of two witnesses, and so regarded then merely as evidence of adherence to the enemy. There is only only one it item em on whic which h th thee wi witn tnes esse sess agree: it is that the defendant was a Makapili and was seen by them in Makapili uniform carrying arms.

 

ISSUE: Whether being a mere member of  Makapi Mak apili li shows shows overt overt acts acts of commi committi tting ng treason. HELD: Yes. The mere fact of having joined a Makapili is evidence of both adherence to the enemy and giving him aid and comfort unless forced upon one against his h is will. Being a Makapili is in itself constitutive constitutive of  an overt overt ac act. t. It is no nott ne nece cess ssar ary y that that the the defendant actually went to battle or  committed nefarious acts against his country or country countrymen men.. The crime crime of treaso treason n was co comm mmit itte ted d if he plac placed ed hims himsel elff at the the enemy’s call to fight side by side with him when the opportune time came even though an opportunity never presented itself. Such memb me mber ersh ship ip by its its very very na natu ture re ga gave ve the the enemy aid and comfort. The enemy derived  psychological comfort in the knowledge that he had on his side nationals or the country with which his was at war. SC set aside the judgment of the SC. DISSENT: Being a member of the Makapili during the Japane Jap anese se occupa occupatio tion n of those those areas areas of the Philippines referred to in the informati Philippines information, on, was one single, continuous, and indivisible overt act of the present accused whereby he gave gave aid aid and and com comfort fort to the Ja Japa pane nesse invaders. The fact that he was seen on a certain day by one of the state witnesses being a member of  the Makapili, and was seen by another state witn witnes esss but but on a diff differ eren entt da day y be bein ing g a member of the same organization, does not mean that his membership on the first day

was di was diff ffer eren entt or in inde depe pend nden entt fr from om hi hiss membership on the other day.

 

ARTICLE 116 US v. Francisco Bautista 6 Phil 581  G.R. No. L-2189, November 3, 1906

Ponente: Justice Carson Facts: Appell Appe llan ants ts co conv nvic icte ted d in CFI CFI Mani Manila la of  cons conspi pira racy cy to over overtthrow hrow by force orce US government and PH government as defined in Act292. Francisco Bautista was sentenced with Aniceto de Guzman and Tomas Puzon to imprisonment with fine and hard labor. During latter 1903 a junta was organized and a con consp spiiracy racy ent enter ered ed into nto by Fili Filipi pino no resi esident dentss in HK for over overth thrrowi owing the government by force of arms and establishing in its stead a government known as Repu Republ bliica Unive nivers rsal al Dem Democr ocrat atic icaa Filipina. Toward the end of 1903, Artemio Ricarte would come to Manila from Hong Kong Ko ng an and d ho hold ld meet meetin ings gs tofu tofurt rthe herr the the conspiracy hatched in HK, like for the plan to en enli list st a revo revolu luti tion on ar army my an and d ra rais isin ing g money for it. The conspirators took to the fiel field d and offe offere red d ar arme med d re resi sist stanc ance, e, only only failing because of their failure to combat and of the failure of the people to rise en masse in response to their propaganda. Bautista, a Manila was an intimate friend to of  Ricarte, resident, notified by Ricarte of his coming Manila, Bautista giving him money for the trip, present in meetings, “held the people in readiness.” readi ness.” Puzon distribut distributed ed the bonds and appointed certain officials for the revolu rev olutio tionar nary y forces forces.. Puzon Puzon said said he only only ac acte ted d to not ve vex x his his frie friend nd,, that that “j “jok okin ing g tone, to ne,”” that that he did did no nott kn know ow Ri Rica cart rtee was was organizing a conspiracy. Issue: Whether or not appellants are guilty. Held:

 No. Puzon himself signed a written statement at the time he was arrested saying he was part of the new revolution presided ov over er by Ri Rica cart rte, e, th that at he was was br brig igad adie ierrge gene nera ral, l, chief chief of si sign gnal al co corp rpss si sinc ncee th they ey were childhood friends. Puzon did not deny this statement. His confession was clear and in no way supports his pretense that he was excited as not to know what he was saying when he made it. The accused voluntarily accepted the appointment and in doing so as assu sume med d al alll ob obli liga gati tion onss im impl plie ied d by su such ch accept acc eptance ance.. “Mere “Mere posses possessio sion n of such such an appointment, when it is not shown that the  possessor executed some external act by the vi virt rtue ue of th thee sa same me,, do does es not not co cons nsti titu tute te sufficient proof of the guilt of the defendant," applies only the case of Enrique Camonas, against whom the only evidence of re recor cord d was was ‘t ‘the he fa fact ct th that at a so so-c -cal alle led d appoin app ointme tment nt of ser sergea geant nt was found found at his house.’” It may be the case that conspirators may ma y se send nd ap appo poin ints ts to an un unsu susp spec ecti ting ng  person in the hope that such person would accept it, and the person is entirely innocent of all intention to join. A genuine conspiracy must mu st be show shown n to ex exis ist, t, an and d it must must be  proven that accused voluntarily vo luntarily accepted the appointment appoin tment.. The two-witnes two-witnesss rule cannot ap appl ply y in pr prov ovin ing g co cons nspi pira racy cy to co comm mmit it treason, only in treason. Aniceto de Guzman cannot be convicted on his acceptance of a number of bonds from conspirators. It does no nott mean mean he knew knew about about th thee co cons nspi pira racy, cy, receiving the wrapped bonds not knowing what wh at th they ey were were,, th then en de dest stro royi ying ng th them em thereafter.

 

ARTICLE 122-123

may be fo may foun und d or into into whic which h he may may be carried.

People v. Lol-lo and Saraw GR#17958 – Feb. 27, 1922

Ponente: Malcolm, J. FACTS:   Days Days afte afterr leav leavin ing g Matu Matuta ta,, Dutc Dutch h Ea East st Indies Ind ies (now Indones Indonesia) ia) on Jun. Jun. 30, 1920, 1920, two boats carryi carrying ng 12 Dutch Dutch nation nationals als (1  person in one boat, 11 men, women and ch chil ildr dren en in an anot othe her) r) were were board boarded ed by 24 armed Moros (including the accused Lol-lo and Saraw) at around 7:00 PM. The Moros took all the cargo from the Dutch. They also rape raped d an and d ab abdu duct cted ed the the two two wome women n on  board. The Moros poked holes in the boat and left the rest of the Dutch in it (they were later rescued). rescued). The two women were able to escape once the Moros docked in the island of Maruro (also a Dutch possession). Lolloand Saraw were arrested after returning to their home in South Ubian, Tawi-tawi. They were charged w/ Piracy before the Sulu CFI and were found guilty, with punishment of  life imprisonment; and to return the stolen 39 sacks of copra pra plus 92 924 4 rupees in damages, plus costs. ISSUES:  1) W/N the Sulu CFI has jurisdiction over  the crime 2) W/N the defendants are guilty gu ilty HELD:  1) Yes 2) Yes RATIO: 1) Piracy is a crime against all mankind. The  jurisdiction of piracy has no territorial territorial limits,  pirates being host hostes es huma humani ni gene generris (ene (enemi mies es of mank mankin ind) d).. Pira Piracy cy may may be  prosecuted in any court where the offender 

2) The provisions of the Spanish Penal Code on piracy (Arts. 153-154) remained in force aft after er the American American takeov takeover, er, by virtue virtue of  Pr Pres es.. McKi McKinl nley’ ey’ss In Inst stru ruct ctio ions ns.. Ar Art. t. 15 154 4 sp speci ecifi fied ed th that at pi pira racy cy wi with th ra rape pe sh shal alll be  punished by cadena perpetua to death. Lollo, who was proven to have taken part in the rape of the two women, should therefore be  put to death - the crime being aggravated by cruelt cru elty, y, ignomi ignominy, ny, and abuse abuse of superi superior  or  strength (rape of the women, abandonment of the other victims, 24 armed men vs. 12 men, women & children) with the mitigating circumstance of lack of instruction. DECISION:  modified Judgment affirmed respect to Saraw, with respectwith to Lol-lo. PEOPLE V. RODRIGUEZ

FACTS: Appellant Appell antss Jaime Jaime Rodrigu Rodriguez ez ali alias as Jimmy Jimmy al alia iass Wilf Wilfre red d de La Lara ra y Medr Medran ano, o, Ri Rico co Lope Lo pez, z, Dava Davao o Reye Reyess al alia iass Dari Dario o Dece Dece Raym Ra ymun undo do y El Elau ausa sa an and d Pe Pete terr Ponc Poncee y Bulaybulay alias Peter Power were charged of the crime of piracy in an information filed  before the then Court of First Instance of  Sulu and Tawi-Tawi, which reads:

That on or about 3:15 in the morning of  August 31, 1981, at the vicinity of Muligin Island and within the territorial waters of the Muni Mu nici cipa pali lity ty of Cagay Cagayan an de Tawi Tawi-T -Taw awi, i, Pr Provi ovinc ncee of Ta Tawi wi-T -Taw awi, i, an and d wi with thin in th thee  jurisdiction of this honorable Court, the ab abov ove-n e-nam amed ed ac accu cuse sed d Wilf Wilfre red d de La Lara ra y Medran Med rano, o, ali alias as Jaime Jaime Rodrig Rodriguez uez (Ji (Jimmy mmy))

 

Dario Dari o Dece Dece Raym Raymun undo do y Elau Elausa sa;; Rico Rico Lope Lo pezz y Fer Fernand nandez ez and and Pet Peter Ponc Poncee y Bulaybu Bul aybulay lay alias alias Peter Peter Power Power being being crew crew members of the M/V Noria 767, a barter  trade ve vesssel of Philippine registry, conspiring conspi ring and confederati confederating ng together together and

treacherously treacherous ly attack, attack, assault, assault, stab, shot and, taking tak ing advanta advantage ge of superi superior or str streng ength, th, use  personal violence upon the persons of  Abdu Ab dusa sado dorr Su Sumi miha hag, g, Vi Vice cent ntee Am Amer eric ica, a, Perhan Tan, Marcos Que, Ismael Turabin, Maba Ma barr Abdu Abdura rahm hman an,, Wadi Wadi Aduk Aduk Rasd Rasdii

mutual mutu ally ly he help lpin ing g on onee ano anoth ther er an and d ar arme med d with with blad bladed ed weap weapon onss an and d high high ca cali libe ber  r  firearms, to wit: three (3) daggers, two (2) M-14, one (1) garand and one (1) Browning Automatic Rifle, with intent of gain and by means mea ns of violen violence ce and intimi intimidat dation ion upon  persons, did then and there willfully and unlawfuflly, and feloniously take, steal and carry away against the consent of the owners thereof, the equipments and other persona)  properties belonging to the crew members

Al Alfa fad, d, Kasm Kasmir ir Ta Tan, n, Pe Pete terr Paul Paul Chio Chiong, ng, Juaini Husini Ismael Ombra, Sabturani Ulag, Mutalib Sarahadil, Bajubar Adam, Quiill Qu ller ermo mo Wee, Wee, Reub Reuben en Sego Segovi viaa Ho, Ho, Mich Mi chae aell La Lao, o, Yuso Yusop p Abub Abubak akar ar,, Hahj Hahjii Hussin Hus sin Kulava Kulavan, n, Amj Amjad ad Quezon Quezon,, Rebuan Rebuan Maj ajiid Edga Edgarr Tan an,, Abdu Abdura rassul Al Aliial alam am Fe Fede deri rico co Ca Cani niza zare res, s, Omar Omar Ta Tahi hill Gi Gilb lber ertt Que, Arajul Arajul Salialam, Salialam, Masihul Masihul Bandahala, Bandahala, Asol As olaa Moham Mohamma madd ddin in,, Bato Batoto to Su Sulp lpic icio io,, Sa Saki kira rani ni Bass Bassal al,, Ib Ibra rahi him m Ja Jami mil, l, Sa Saup upii

and passengers of the said M/V Noria 767, co cons nsis isti ting ng of cash cash mone money y amou amount ntin ing g to Thre Th reee Mill Millio ion n Fi Five ve Hundr Hundred ed Se Seve vent ntee een n Thousand Three Hundred Pesos (P (P3, 3,51 517,3 7,300 00.00 .00), ), pe pers rsona onall belon belongi ging ngss of   passengers and crew amounting to One Hundred Thirty Thousand Pesos (P130 P130,0 ,000 00.0 .00) 0),, the the ves vesse sell's com compas pass, navi naviga gattiona ionall char chartts and and inst instrrumen uments ts amou oun nting to Fo Forrty Tho hou usand Pesos (P40,000.00) to the damage and prejudice of 

Mala Ma lang ng an and d Gula Gulam m Sa Sahi hidd ddan an,, th ther ereb eby y infl inflic icti ting ng up upon on th them em mult multip iple le guns gunsho hott wounds wou nds which which caused caused their their instan instantan taneous eous death and likewise causing physical injuries upon the persons of Inggal Issao Abduhasan Indasa Ind asan n Hadji Hadji Yusop Yusop H. Alfad Alfad and Hadji Hadji Mahalail Alfad, thus performing all acts of  execut exe cution ion which which could could have produc produced ed the death of said persons, but nevertheless did not produce it by reason or cause independent of the will of said accused, that

the the afor aforem emen enti tion oned ed owne ownerrs in the the tota totall amount of THREE MILLION SIX HUNDRED EIGHTY SEVEN THOUSAND THREE HUNDRED PESOS (P3,687,300.00 (P3,68 7,300.00)) Philippin Philippinee Currency; Currency; that  by reason of and on the occasion of the said  piracy and for the purpose of enabling the abovenamed accused to take, steal and carry away awa y the proper properti ties es abovem abovementi entione oned, d, the here hereiin accu accuse sed d in purs pursua uanc ncee to thei heir  co cons nspi pira racy cy,, did did then then and ther theree wi will llfu full lly, y,

is, by the timely and able medical assistance render ren dered ed to said said victi victims ms which which prevent prevented ed death.

unlawfully and feloniously with intent to kill and with evident premeditation,

CONTRARY TO LAW, with the ag aggr grav avat atin ing g ci circ rcum umst stanc ances es of tr trea eache chery ry,, evident evi dent premed premedit itati ation, on, night night time time and the use of superior strength.  Jaime Rodriguez and Rico Lopez, assisted  by th thei eirr co coun unse sel, l, pl plea eade ded d guil guilty ty to th thee charge, were convicted on March 5, 1982 and sentenced each "to suffer the extreme

 

 penalty of death." The accused appellant  contended that his plea of guilty should be taking tak ing into into consid considera eratio tion n of loweri lowering ng the  penalty of his crime which is death penalty.

VS.EMILIANO CATANTAN Y TAYO TA YONG NG,, ACCU ACCUSE SED-A D-APP PPEL ELLA LANT NT.. [ G.R. No. 118075, September 05, 1997 ] 344 Phil. 315

 Issue:

Facts:

  Whether or not the penalty of Death in the the crim crimee of Pi Pira racy cy when when ho homi mici cide de is committed as a result or on the occasion of   piracy can be offset by a mitigating  circumstance of the plea of guilty?

Catant Cata ntan an was was fo foun und d gu guil ilty ty wi with th violat vio lation ion of Presid President ential ial Decree Decree No. 532 other otherwi wise se kn know own n as th thee Anti Anti-P -Pir iracy acy an and d Highway Robbery Law of 1974. He cont conten ends ds that hat the tr triial cour courtt er erre red d in convicting him of piracy as the facts proved only onl y constit constitute ute grave grave coercio coercion. n. He furthe further  r  ar argu gues es th that at in or orde derr th that at pi pira racy cy may may be commi com mitte tted d it is essent essential ial that there there be an

 Held:  

No.

 Ratio:

attack on or seizure of a vessel.

The penalty imposable upon persons found   guilty of the crime of piracy where homicide is commit committed ted is mandat mandatory ory death death penalt penalty. y.  Article 63 of the Revised Penal Code states that:

Issue:

“Rules for the applica “Rules applicati tion on of indivi indivisib sible le  penalties.—In all cases in which the law  prescribes a single indivisible penalty, it   shag be applied by the courts regardless of 

Is the contention of Catantan correct? Decision:  No. Under the definition of piracy in PD No. 532 as well as grave coercion as  penalized in Art. 286 of the Revised Penal

any mitigating or aggravating   circumstances that may have attended the commission of the deed.”

Code Co de,, th this is piracy. ca case se fa fall llss sq squa uare rely ly be wi with thin in that th thee  purview of While it may true vict victim imss were were co comp mpel elle led d to go el else sewhe where re other oth er than than their their place place of destin destinati ation, on, such such compulsion was obviously part of the act of  seizing their boat. The testimony of one of  the victims shows that the appellant actually seized the ve vesssel thr hro ough force and intimidation.

PEOPLE

People v Siyoh

OF

THE

PLAINTIFF-APPELLEE,

PHILIPP IPPINE INES,

G.R. No. L-57292; February 18, 1986

 

FACTS:

Appellants contentions are unconvincing:

Siyoh, Kiram, Indanan and Jamahali were ac accu cuse sed d of qu qual alif ifie ied d pira piracy cy with with trip triple le murder and frustrated murder. On July 14, 1979, accused fired their guns into the air 

1. That if they were the culprits they could have easily robbed their victims at the Kiram house or on any of the occasions when they weree travel wer travelli ling ng togeth together. er. Suffic Sufficee it to say

an and d stop stoppe ped d the the pump pumpbo boat at wher wherei ein n de Cast Ca stro ro,, Hilo Hiloen en an and d 2 de Guzm Guzman anss were were riding, boarded the said pumpboat and took, stolee and carried away all their cash money, stol wrist watches, stereo sets, merchandise and other personal belongings amounting to the tota to tall amou amount nt of P 18,34 18,342. 2.00, 00, Ph Phil ilip ippi pine ne Curr Cu rren ency cy,, orde ordere red d them them to jump jump into into the the water, wat er, whereupo whereupon, n, the said said accused accused,, fired fired their guns at them which caused the death of  de Castro and one de Guzman while

that robbin that robbing g the victi victims ms at Kiram' Kiram'ss house house would make Kiram and his family immediately suspect and robbing the victims  before they had sold all their goods would  be premature. However, robbing and killing the victims while at sea and after they had so sold ld al alll th thei eirr go goods ods was was bo both th ti time mely ly and  provided safety from prying eyes.

wounding the other de Guzman. It appears that Siyoh and Kiram were with the victims, also selling their goods, before the incident happened. Lower court decis cision: Sentenced to DEATH. Howev eveer, conside derring the  provision of Section 106 of the Code of  Mind Mi ndan anao ao and and Sulu Sulu,, the illit liter erac acy y or  ignorance or extreme poverty of the accused who are members of the cultural minorities, under a regime of so called compassionate society, a commutation to life imprisonment is recommended. ISSUE: Whether or not Siyoh and Kiram are guilty  beyond reasonable doubt, considering the credibility of thewitness HELD: Yes, they are guilty BRD. RATIO:

2. That the accused immediately reported the inci incide dent nt to th thee PC. PC. Th Thee re reco cord rd does does no nott support this assertion. 3. That the affidavits of Dolores de Guzman, wife of the deceased Anastacio de Guzman, and and Pri Primiti mitiva va de Cas Castro ro,, wi wiffe of the de dece ceas ased ed Rodo Rodolf lfo o de Cast Castro ro,, st stat atee th that at Antonio de Guzman informed them shortly after the incident that their husbands were ki kill lled ed by th thee co comp mpan anio ions ns of Si Siyo yoh h an and d Kiram. The thrust of the appellants' claim, therefore, there fore, is that Namli Indanan and Andaw Jamahali were the killers and not the former. But this claim is baseless in the face of the  proven conspiracy among the accused. 4. That there is no evidence Anastacio de Guzman was killed together with Rodolfo de Cast Ca stro ro an and d Dani Danilo lo Hi Hiol olen en be beca caus usee hi hiss remains were never recovered. There is no reason to suppose that Anastacio de Guzman is still alive or that he died in a manner  different from his companions. The incident took place on July 14, 1979 and when the trial court decided the case on June 8, 1981 Anastacio de Guzman was still missing. But

 

the number of persons killed on the occasion of pira piracy cy is not mate materi rial al.. P.D. P.D. No. 53 532 2 considers qualified piracy, i.e. rape, murder  or homicide is committed as a result or on the occasion of piracy, as a special complex crime punishable by death regardless of the number of victims. 5. That the death certificates are vague as to the nature of the injuries sustained by the vi vict ctiims; ms; wer were they hey hack hacked ed woun wounds ds or  gunsho gun shott wounds wounds?? The cause cause is consist consistent ent with the testimony of Antonio de Guzman that that the the vict victim imss were were ha hack cked ed;; that that the the appellants were armed with "barongs" while Indan In danan an and Jama Jamaha hali li were were ar arme med d wi with th armalites. Decisi Deci sion on affi affirm rmed ed with with the the foll follow owin ing g modi mo difi ficat catio ions ns:: (a) (a) for for la lack ck of neces necessa sary ry votes the penalty imposed shall be recl reclus usio ion n pe perp rpet etua ua;; an and d (b) (b) ea each ch of the the appellants shall pay in solidum to the heirs of ea each ch of the the decea decease sed d inde indemn mnit ity y in the the amount of P30,000.00. No special  pronouncement as to costs.