G.R. No. L-1621 - People vs. Bucoy

Case Summary (G.R. No. L-1621)

Procedural History and Judgment

After trial, the lower court convicted Bucoy on the treason charge on all counts except counts 3, 4, 5, 8, and 13. He was sentenced to suffer twenty (20) years of reclusion temporal, the accessories of the law, and to pay a fine of P5,000 and costs. Bucoy appealed from that judgment.

Admitted Citizenship and Identification with the Occupation Forces

Bucoy admitted in open court that he had Filipino citizenship before, during, and after the Japanese occupation. The principal evidence against him, however, portrayed him as cooperating with Japanese authorities, particularly those associated with the Kempeitai, and acting in ways consistent with aiding the occupation forces.

Evidence Supporting Treason — Counts 1, 2, and 7

The Court found that from October 1943 until near the end of 1944, Bucoy conferred twice a week with Sergeants Yane Guihara and Fugisawa. He was also given one kilo of sugar by Sergeant Watanabe at the Kempeitai headquarters. He wore a Japanese soldier’s uniform, carried a revolver, and served in the field by leading or guiding Japanese patrols, including patrol activities in the island of Santa Cruz, the hills of Manikaan (May 1944), and Santa Maria (June 1944), where the patrol spent one night.

These patrols were connected to a search for an American officer identified as Colonel McGee. Colonel McGee, as a prisoner bound for Manila, had escaped from the ship and was subsequently harbored by Filipino civilians and guerrillas. In December 1943, before 8 o’clock in the morning, Bucoy brought to the Kempeitai headquarters Honorio Aliado, an officer of the USAFFE, who was investigated for guerrilla activities, especially in connection with maps he had sent to the guerrillas showing Japanese gun emplacements. Aliado was kept in a prison cell for two months in Zamboanga, was never released there, and was sent to Fort Santiago in Manila.

The Court relied on the testimony of Neri Natividad, who served from the latter part of 1943 to the latter part of 1944 as driver and jailer in the Kempeitai headquarters, and on Carlos Camins Jr., who served as a clerk there from October 1943 to August 1944. These facts were held to support the allegations in counts 1, 2, and 7.

Evidence Supporting Treason — Counts 6 and 11

The Court also considered Bucoy’s alleged role in obtaining and depriving Filipino civilians of property used by Japanese forces and in searching for Colonel McGee. On 8 May 1944, Bucoy brought Fausto Centeno to the Kempeitai headquarters and asked about Centeno’s car, with Centeno stating that the Kempeitai needed it. When Centeno said the car was at home, Bucoy allegedly acted promptly.

On 11 May, or three days thereafter, Bucoy appeared with Japanese soldiers at Centeno’s residence and again asked about the car. When Centeno pointed to where it was, the car—a 1938 model Ford V-8—was found under guava trees, about 25 meters from the house, with detached wheels and missing parts of the engine. The Japanese recovered the wheels and tires, restored missing parts through a mechanic they brought, then took the car away and it was never returned. This evidence was found sufficient for count 6.

The Court further noted Bucoy’s pursuit of Colonel McGee in the same period. On 11 or 15 June 1944, Bucoy and Japanese soldiers returned to Centeno’s area to obtain information about Colonel McGee from Joaquin Cases, who lived in an adjoining house. Cases testified that he did not have the picture sought and was asked to accompany the patrol to look for McGee, but he was excused due to eczema. Bucoy then offered a prize of P500 if Cases or anyone could reveal Colonel McGee’s whereabouts.

The Court held that these acts supported counts 6 and 11, crediting the testimony of Joaquin Cases and Fausto Centeno, whom Bucoy had known before the war.

Evidence Supporting Treason — Count 9

Bucoy’s involvement in searching for arms and pursuing Colonel McGee also formed the basis for count 9. In May 1944, Bucoy visited the house of Rosalio Apostol on Canelar Street, Zamboanga City, where he opened Apostol’s trunk and wardrobes in search of arms and ammunition. Apostol told Bucoy and the Japanese companions that he had already surrendered all arms and ammunition to the Japanese when he surrendered. Bucoy allegedly accused Apostol of being a special agent of the guerrillas, and wore a brassard bearing MP and Japanese characters.

In June 1944, Bucoy returned in the afternoon with three Japanese soldiers seeking Colonel McGee, and before leaving offered a reward of P500 to Apostol and other inmates if they could provide information on McGee’s whereabouts.

In the third week of September 1944, Bucoy again came with three Japanese, raiding the house of Apostol for leaflets dropped by American planes. On 30 September 1944, at about 3 o’clock p.m., Apostol was arrested, taken to the MP headquarters, and jailed. The following morning, Bucoy’s involvement continued through accusations that Apostol was a spy of the guerrillas. Apostol was investigated concerning the activities of undercovers, ill-treated for three days during the week from 1 to 7 October 1944, and tied and questioned from 7 October to 13 March, with deprivation of drinking water for three days. To satisfy thirst, Apostol allegedly had to drink toilet water by soaking his handkerchief with it.

The Court also credited testimony that the searches in the Apostol household and the adjoining house of Alberto Carpio, Apostol’s brother-in-law, were witnessed by Apostol and Alberto Carpio. These facts were held to support the allegations of count 9.

Evidence Supporting Treason — Counts 10 and 12

The Court found additional support for other counts through searches and interrogations connected to Colonel McGee.

On 14 June 1944, about 9 o’clock in the morning, Bucoy and two Japanese soldiers, all armed, searched the house of Gregorio Cortes and Romana Marcial in Santa Maria, Zamboanga, and asked Gregorio Cortes if he had seen Colonel McGee. This evidence supported count 10.

For count 12, the Court detailed alleged violent acts against civilians involved in the U.S. Army landing field and subsequent searches for Colonel McGee. On 2 December 1943, Bucoy, working as foreman in the U.S. Army landing field before the war, met Vicente Cabato, the chief timekeeper in the landing field, and asked where the tools and implements used in constructing the landing field were kept. After Cabato answered negatively, Bucoy signaled Japanese soldiers, who took Cabato and Hilario Romano to the Kempeitai headquarters. Bucoy again demanded information from both. When Cabato insisted he did not know, Bucoy slapped Cabato’s face three times and the Japanese beat him up.

In June 1944, around 9:30 a.m., Bucoy, together with about twenty (20) Japanese soldiers and while wearing a Japanese soldier’s uniform, came to Cabato’s house. The group searched the house by opening the trunk, asked for the whereabouts of Colonel McGee, and offered a reward for information. The Court found this established by the testimony of Vicente Cabato and Hilario Romano, except for the offered reward, which was not heard by Hilario Romano.

Evidence Supporting Treason — Count 14

The Court further found that Bucoy participated in the arrest, mistreatment, and detention of Macario Almazan. In the morning of 13 October 1944, Bucoy, with two Japanese soldiers all armed, went to Almazan’s house in Cabatangan, Zamboanga, about five kilometers from the city proper. They brought Almazan in the presence of his mother, informing her that Almazan was under arrest. The two Japanese soldiers then brought Almazan to the headquarters in Tetuan, while Bucoy dropped out on the way.

At the headquarters, Bucoy allegedly tied Almazan’s hands behind his back, investigated him about Colonel McGee, asked whether he was a guerrilla, and then hanged him on the ceiling by his feet about an inch from the floor. Bucoy also beat him three times using the handle of a rake. He persisted in asking about Colonel McGee and his connection with guerrillas. Almazan was released at six o’clock in the morning of the following day, after a futile attempt at extorting the information Bucoy desired. The Court held that these events were part of count 14, established by the testimony of Almazan and his mother Jacinta.

The Defense and the Court’s Assessment

Bucoy denied that he was connected with the Japanese Kempeitai as testified to by prosecution witnesses. He also denied that he visited the houses of Rosalio Apostol, Gregorio Cortes, and Fausto Centeno, except that he claimed his only visit to Centeno’s house occurred when he was fetched by Guihara to go to that house and that the car then used belonged to Centeno. Bucoy testified that Sergeant Yane Guihara fetched him from his store in the market, instructed him to watch the car while Guihara talked to Joaquin Cases, and then brought him back to his store.

Bucoy also denied arresting Honorio Aliado and claimed that on the day Aliado was brought to the Kempeitai headquarters, Bucoy was there to collect money for watches and fountain pens sold to Japanese soldiers. He denied visiting Vicente Cabato’s house to arrest him and claimed that Guihara asked whether Cabato had worked in the landing field, that Cabato did work the

Case Syllabus (G.R. No. L-1621)

The case involved Andres Bucoy, the defendant and appellant, who was prosecuted for treason for alleged disloyal activities in the City of Zamboanga during the occupation by the Imperial Japanese Army.
The People of the Philippines acted as plaintiff and appellee, and appealed resulted from conviction on the multiple counts charged in an amended information.
The appellate review addressed whether the evidence supported the treason convictions on the counts where guilt was found and whether the trial court erred in the overall judgment.

Charges and Amended Information

Andres Bucoy was charged with treason in an amended information setting out fourteen (14) counts.
The trial court rendered conviction on all counts except counts 3, 4, 5, 8 and 13.
The judgment imposed twenty (20) years of reclusion temporal, with the accessories of the law, and ordered a fine of P5,000 and costs.
The defendant appealed from the judgment, contesting the factual basis and his alleged connection with the Japanese Kempeitai.

Parties and Procedural Posture

The appeal was taken by Andres Bucoy from the judgment of conviction entered by the trial court on the multiple treason counts.
The People of the Philippines defended the conviction as plaintiff and appellee.
The Supreme Court affirmed the judgment, and costs were imposed against the appellant.
The concurrence reflected that Paras, Pablo, Bengzon, Tuason, Reyes, Jugo and Bautista Angelo JJ. concurred, and Paras J. certified that Justices Feria and Montemayor voted to affirm.

Key Factual Allegations

The evidence portrayed Bucoy as a participant in Japanese operations as an apparent collaborator, wearing Japanese military uniform, bearing arms, and assisting or guiding Japanese patrols and raids.
The record stated that from October 1943 until near the end of 1944, Bucoy conferred twice a week with Sergeants Yane Guihara and Fugisawa.
The prosecution evidence included that Bucoy received a kilo of sugar from Sergeant Watanabe at the headquarters of the Kempeitai.
The proof further alleged Bucoy wore a Japanese soldier uniform and bore a revolver, which he used to lead or guide Japanese patrols in multiple localities in May 1944 and June 1944.
The patrol objective described in the evidence was locating an American officer named Colonel McGee, who had escaped from a Japanese-bound ship and had been harbored by Filipino civilians and guerrillas.

Evidence Supporting Multiple Counts

The Court relied on testimony from Neri Natividad and Carlos Camins Jr., who served as driver and jailer, and clerk, respectively, at the Kempeitai headquarters in Zamboanga during the period covered by the allegations.
The evidence for counts 1, 2 and 7 included Bucoy bringing Honorio Aliado, an officer of the USAFFE, to the Kempeitai headquarters for investigation of guerrilla activities, including his connection with maps sent to guerrillas.
The testimony stated that Aliado was investigated, kept in a prison cell for two months, and then sent to Fort Santiago in Manila rather than released in Zamboanga.
The evidence for counts 6 and 11 included Bucoy’s involvement in locating and seizing a 1938 model Ford V-8 belonging to Fausto Centeno, with Japanese soldiers later taking the vehicle and making it operational before removal.
The Court treated the seizure and non-return of the vehicle, along with Bucoy’s later inquiries for Colonel McGee and the offered reward, as part of the treason-related acts charged in those counts.
The evidence for the counts involving Joaquin Cases included that Bucoy asked about Colonel McGee, offered a prize of P500 if anyone revealed Colonel McGee’s whereabouts, and sought Cases to accompany a patrol despite an excuse due to eczema.

Allegations of Searching and Rewards

The evidence for count 9 included Bucoy’s repeated involvement in searches and alleged coercion connected with Colonel McGee.
The prosecution stated that Bucoy and Japanese soldiers searched the trunk and wardrobes of Rosalio Apostol for arms and ammunition and charged Apostol with being a special agent of the guerrillas, aided by a brassard with letters MP and Japanese characters.
The record stated that Bucoy returned to Apostol’s house in June 1944, offered a reward of P500 to provide information on Colonel McGee, and later raided the same house in the third week of Septembe