Case Digest (G.R. No. L-1621)
Facts:
The People of the Philippines v. Andres Bucoy, G. R. No. L-1621, March 29, 1951, the Supreme Court En Banc, Padilla, J., writing for the Court.
The defendant-appellant, Andres Bucoy, was charged in an amended information with fourteen counts of treason for alleged disloyal acts committed in the City of Zamboanga during the Japanese occupation. At trial Bucoy admitted in open court that he was a Filipino citizen before, during and after the occupation. He was convicted on all counts except counts 3, 4, 5, 8 and 13, and sentenced to twenty years reclusion temporal, the accessory penalties provided by law, and a fine of P5,000 plus costs; he appealed the judgment.
The prosecution's evidence placed Bucoy, from about October 1943 to late 1944, in close association with personnel of the Japanese Kempeitai in Zamboanga. Witnesses Neri Natividad (driver/jailer) and Carlos Camins Jr. (clerk) testified that Bucoy met twice weekly with Kempeitai sergeants (Yane Guihara, Fugisawa) and received gifts (a kilo of sugar from Sergeant Watanabe); that he wore a Japanese soldier's uniform, bore a revolver, and guided or led Japanese patrols in Santa Cruz, the hills of Manikaan (May 1944), and Santa Maria (June 1944) in a search for an American officer named Colonel McGee. Bucoy was also shown to have brought USAFFE officer Honorio Aliado to the Kempeitai headquarters in December 1943; Aliado was detained there for two months and later sent to Fort Santiago.
Separate witnesses described Bucoy's role in the seizure of private property and in arrests and searches. Fausto Centeno testified Bucoy had inquired about and facilitated the requisition of Centeno's Ford V-8 automobile by Japanese soldiers in May 1944. Joaquin Cases and Centeno testified Bucoy, in June 1944, assisted Japanese personnel in seeking Colonel McGee, offering a P500 reward for information — facts supporting counts 6 and 11. Rosalio Apostol and Alberto Carpio testified that in May, June and September 1944 Bucoy, accompanied by Japanese soldiers and wearing an MP brassard, searched their homes, accused Apostol of being a guerrilla agent, offered rewards for information on McGee, and that Apostol was thereafter arrested, imprisoned, and ill-treated by Japanese authorities — facts supporting count 9.
Gregorio Cortes and Romana Marcial testified that on 14 June 1944 Bucoy and two armed Japanese soldiers searched their Santa Maria home for arms and inquired about Colonel McGee (count 10). Vicente Cabato and Hilario Romano recounted that on 2 December 1943 Bucoy signalled Japanese soldiers to arrest Cabato and Romano, that Cabato was beaten and later searched in June 1944 when Bucoy came with a group of armed Japanese to his home and offered a reward for information (count 12). Macario Almazan and his mother Jacinta testified that on 13 October 1944 Bucoy and two Japanese soldiers arrested Macario, who was detained, tied, hanged from the ceiling and beaten while questioned about guerrilla activity (count 14).
Bucoy denied involvement with the Kempeitai and offered alternative explanations for his presence at vario...(Pro-only)
Issues:
- Was the evidence sufficient to sustain appellant Bucoy's conviction for treason on the counts affirmed by the trial court?
- Were Bucoy's denials and explanations sufficient to create reasonable doubt warranting reversa...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)