Case Digest (G.R. No. L-1373)
Facts:
People of the Philippines v. Eufronio Visagar, G.R. No. L-1373. June 27, 1949, the Supreme Court En Banc, Ozaeta, J., writing for the Court.
The plaintiff-appellee is the People of the Philippines; the defendant-appellant is Eufronio Visagar, a Filipino who admitted his citizenship in open court and was identified as a member of the Ganap Party. Visagar was tried before the People’s Court on several counts of treason, convicted, sentenced to suffer life imprisonment and to pay a fine of P10,000, and then appealed to the Supreme Court.
At trial the prosecution presented multiple witnesses who testified that Visagar adhered to the occupying Japanese forces by constantly accompanying members of the Japanese military police, wearing an armband with Japanese characters, bearing a revolver, participating in the seizure of civilian property, and causing arrests of civilians and guerrillas. The prosecution established specific overt acts, each supported by at least two witnesses to the same act: (a) in February 1942 he accompanied Japanese soldiers to Pineda (near Fort McKinley, Pasig, Rizal) and aided in searching houses and confiscating palay, canned goods, shoes, clothes and other personal property; (b) in February 1942 he accompanied Japanese soldiers to the house of Aurelio Cruz in Mandaluyong and brought Cruz to the Japanese garrison for investigation; (c) on or about September 25, 1944, he indicated Dr. Andres Torres to the Japanese, resulting in Torres’ arrest, detention, and torture; (d) in September 1944 he accompanied Japanese soldiers who raided and arrested Atty. Saturnino Castillo, who was later tortured and nearly executed; (e) in February 1943 he aided in the arrest and transport of Edmundo (Eduardo) Chuakiko and Antonio Sta. Teresa to the Japanese garrison; and (f) in the predawn of April 29, 1942, he indicated Felix Peralta to the Japanese, leading to Peralta’s deportation to the Capas concentration camp.
Visagar testified in his own defense, claiming employment as a driver and guard at the Insular Sugar Refining Corporation and later at the Taiwan Pulp Factory; he denied participating in arrests and seizures. He admitted signing a written statement (Exhibit A) dated May 12, 1945, before a Summary Court officer at C.I.G., but said he signed without reading it because he feared maltreatment. Exhibit A contained a biographical sketch and admissions that, among other things, he served as a driver for the Japanese garrison, was given a .38 revolver and an armband, and once accompanied Japanese soldiers during an arrest. The trial court found the statement voluntarily signed and admissible to impeach his trial testimony.
The defense called Marciano Angeles and Numeriano Roxas, whose testimony placed the accused at the Insular Sugar Refinery and Taiwan Pulp Factory in late 1943 and early 1944 but did not contradict the prosecution’s evidence of overt acts occurring in 1942–1944. On appeal Visagar’s counsel chiefly attac...(Pro-only)
Issues:
- Should the Supreme Court disturb the People’s Court’s findings of fact and credibility determinations on appeal?
- Were the proved acts and admissions sufficient to sustain a conviction fo...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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