Title
People vs. Prieto
Case
G.R. No. L-399
Decision Date
Jan 29, 1948
Appellant charged with treason; guilty plea on 4 counts, not guilty on 3. Witnesses for count 4 uncorroborated; acquitted. Guilty on other counts; penalty reduced to reclusion perpetua.
A

Case Digest (G.R. No. L-399)

Facts:

  • Charges and Pleas
    • The People prosecuted Eduardo Prieto (alias Eddie Valencia) in the People’s Court for treason under seven counts.
    • Prieto pleaded guilty to counts 1, 2, 3, and 7, and not guilty to counts 4, 5, and 6.
  • Evidence at Trial on Count 4
    • Juanito Albano testified that in March 1945 Prieto and Japanese soldiers captured an American aviator, transported him on a carabao-pulled sled, questioned him during transit, and delivered him to Kempeitai headquarters.
    • Valentin Cuison testified that in March 1945 he saw Prieto striking a bound American flier who was walking, in the company of Japanese and other Filipinos; no sled was observed, and he did not see Albano except that night at a drinking session.
  • Details of Counts 1, 2, 3, and 7 (Overt Acts Pleaded Guilty)
    • Count 1 (Oct. 15, 1944, Mandaue, Cebu): As undercover for Japanese Military Police, Prieto guided troops to barrio Poknaon, aided in arresting Abraham Puno, delivering him to torture with red-hot iron, then to detention.
    • Count 2 (Oct. 28, 1944, Mandaue, Cebu): Prieto guided Filipino undercovers to arrest Guillermo and Macario Ponce, struck and bound them, delivered them to Kempeitai; Guillermo was released, Macario disappeared.
    • Count 3 (Nov. 1944, Mandaue, Cebu): Prieto guided patrol to barrio Pakna-an, arrested Damian and Santiago Alilin, tortured them for six days, and on the seventh day personally bayoneted them to death.
    • Count 7 (Nov. 16, 1944, Mandaue, Cebu): In conspiracy with Japanese and Filipino undercovers, Prieto caused the torture of Antonio Soco and the killing of Gil Soco for guerrilla activities.
  • Trial Court Judgment and Sentence
    • Prieto was found guilty of counts 1, 2, 3, 4, and 7. Counts 5 and 6 were not prosecuted for lack of evidence.
    • He was sentenced to death and ordered to pay a fine of ₱20,000.
  • Assignment of Error on Counsel
    • On appeal, counsel argued that Prieto’s right to effective assistance of counsel was violated when the trial court failed to appoint a substitute attorney de oficio after the original appointee expressed reluctance.

Issues:

  • Was the evidence sufficient to sustain conviction on count 4 under the two-witness rule for treason?
  • Can murders and physical injuries charged as overt acts of treason be punished as separate crimes or used to increase the penalty of treason?
  • Was Prieto’s right to counsel violated by the trial court’s refusal to appoint new appointed counsel?
  • What penalty should apply in light of aggravating and mitigating circumstances?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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