G.R. No. L-1034 - People vs. Espiritu

The People of the Philippines initiated proceedings by charging Honorato Espiritu under three counts of treason before the People’s Court.
Only the second and third counts resulted in convictions, as the first count was dismissed by the trial court.

The charge alleged that on or about October 23, 1944, in Sta. Rosa, Laguna, Espiritu acted as an informer or agent of the Imperial Japanese Forces.
It was contended that he deliberately, unlawfully, and treasonably led, accompanied, and participated in the apprehension, arrest, and investigation of Gonrado Hernandez, a man suspected of being a guerrilla member.
After the arrest, consequent to Hernandez’s denial of any guerrilla affiliation, Espiritu was accused of brutally maltreating and torturing him.
His actions were purportedly executed with the aid of a group of armed men who provided him with impunity, taking advantage of the cover of darkness.

Espiritu was charged with voluntarily enlisting and serving as a member of the Makapili in December 1944 in Sta. Rosa, which was known for its collaboration with the Imperial Japanese forces.
The charge extended to allege that he not only joined the organization but also evacuated with the Japanese Army during its retreat into the mountains of Luzon, remaining with them until his capture by American and guerrilla forces.
The Makapili’s military purposes were previously outlined in People vs. Adriano, characterizing the organization as one inherently designed to aid and comfort the enemy through its very existence.
The prosecution emphasized that mere membership in the Makapili, unless forced by duress, constitutes treason by demonstrating intent to collude with the enemy.

The People’s Court, in a unanimous decision of its Fourth Division, convicted Espiritu of treason under counts two and three.
The court sentenced him to 15 years of reclusion temporal, imposed a fine of P5,000.00, and ordered him to pay court costs.
In rendering its decision, the trial court noted the “degree of malice” shown by the accused, his extensive participation in the treasonable conduct, and his low level of education.

The prosecution established its case against Espiritu by securing testimonies from multiple witnesses.
For the charge concerning membership in the Makapili and related acts (Count Three), the evidence satisfied the two-witness rule required under the law.
Testimonies from Conrado Hernandez, Leonarda Gindia, and additional statements were cited to corroborate the chain of evidence.

Whether mere voluntary membership in the Makapili organization, known for its collaboration with the enemy, legally constitutes an overt act of treason under Article 114 of the Revised Penal Code.
If the prosecution’s presentation of evidence, particularly the adherence to the two-witness rule for the charges relating to Espiritu’s actions, was sufficient to support his conviction.
Whether the acts, including the involvement in the apprehension, arrest, and torture of a suspected guerrilla member, in addition to collaborative actions with the enemy forces, collectively met the requisite elements of treason.
The extent to which the accused’s personal attributes—such as his low degree of instruction and education—and his “degree of malice” affected the imposition of penalties.