Case Digest (G.R. No. L-856)
Facts:
In The People of the Philippines v. Susano Perez (Alias Kid Perez), G.R. No. L-856, decided on April 18, 1949, the defendant was charged before the 5th Division of the People’s Court in Cebu City under an information alleging seven counts of treason. Evidence was presented on five counts (1, 2, 4, 5, 6), all involving his alleged recruitment, apprehension, and delivery of Filipino women and girls to Japanese officers for sexual purposes during the Japanese occupation of Bohol in 1942. The victims—among them Eriberta Ramo, Eduarda Daohog, Eutiquia Lamay, Feliciana and Flaviana Bonalos, Natividad Barcinas and colleagues—testified that Perez, often in the company of Japanese soldiers or puppet authorities, seized them from their homes or hospitals by force or threat and handed them over to Colonel Mini or Dr. Takibayas, who raped them. The trial court unanimously found these acts proved beyond reasonable doubt and convicted Perez of treason, sentencing him to death by electrocutionCase Digest (G.R. No. L-856)
Facts:
- Procedural Background
- Susano Perez (alias Kid Perez) was charged by information with seven counts of treason under Commonwealth Act No. 682 before the People’s Court, 5th Division, Cebu City.
- The prosecution presented evidence on Counts 1, 2, 4, 5 and 6; Counts 3 and 7 were not pursued.
- Allegations and Evidence by Count
- Count No. 1 – Recruitment and forcible delivery of six women (including Eriberta Ramo) to satisfy the sexual desires of Colonel Mini.
- Count No. 2 – Abduction of Eriberta Ramo and sister Cleopatra to a banquet and dance, followed by forced residence and sexual servitude at Japanese headquarters.
- Count No. 4 – Seizure of Eduarda S. Daohog and Eutiquia Lamay, rape by Perez en route to Tagbilaran, and subsequent rape of Daohog by Japanese Officer Dr. Takibayas.
- Count No. 5 – Commandeering of Feliciana and Flaviana Bonalos under pretext of witness duty; rape of Flaviana by Colonel Mini and by Perez; rape of Feliciana by Perez on two occasions.
- Count No. 6 – Coercion of nurses Natividad Barcinas, Nicanora Ralameda and Teotima Barcinas to attend dances for Colonel Mini and Dr. Takibayas, with implied threat of violence and purpose of selection for immoral use.
- Trial Court Findings
- The trial court unanimously found the allegations in Counts 1, 2, 4, 5 and 6 proven beyond reasonable doubt.
- Perez was convicted of treason and sentenced to death by electrocution.
Issues:
- Whether the abduction and forced prostitution of Filipino women for Japanese officers constituted “treason” under Commonwealth Act No. 682.
- Whether, if evidence was insufficient for treason, the court could convict Perez of other crimes included in the information.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)