Case Summary (G.R. No. L-1553)
Petitioner
The People of the Philippines
Respondent
Francisco Concepcion
Key Dates
• Apprehensions alleged: January 9, December 3, and December 7, 1944
• Decision date: October 25, 1949
Applicable Law
• 1935 Philippine Constitution (in force at time of decision)
• Revised Penal Code, Article 114 (treason)
• Two-witness rule (evidence law)
Conviction and Sentence
Concepcion was convicted on three counts of treason, sentenced to life imprisonment, fined ₱10,000, and ordered to pay costs.
Admission of Citizenship Evidence
After both sides rested, the trial court permitted the prosecution to reopen its case to prove Concepcion’s Filipino citizenship. The Supreme Court held that allowing additional evidence post-rest is within the trial court’s discretion and did not constitute reversible error.
Application of the Two-Witness Rule
Concepcion challenged the sufficiency of testimony under the two-witness rule, pointing to minor inconsistencies between pairs of witnesses regarding incidental details. The Court ruled that uniform testimony establishing the overt act of arrest—essential to each count—satisfied the rule despite nonessential divergences.
Aiding Arrest in Count Six
For the January 9, 1944 arrest of Gavino Moras, defense witnesses claimed Concepcion merely waited below the house. The Court found credible testimony from at least two witnesses that Concepcion and his Japanese companions arrived simultaneously, demonstrating his active assistance in the apprehension.
Duress Defense Rejected
Concepcion asserted he acted under duress as a liaison officer forced by the Japanese. The record contained no evidence of actual or imminent threats of death or bodily harm; the Court concluded he willingly participated in treasonous acts.
Motion for New Trial and Newly Discovered Evidence
Concepcion’s motion, based
...continue readingCase Syllabus (G.R. No. L-1553)
Procedural Background
- Appeal from a People’s Court judgment convicting Francisco Concepcion of treason.
- Three counts of treason: arrests on December 7, 1944 (Basilio Severino), December 3, 1944 (Clemente Chica), and January 9, 1944 (Gavino Moras) in Cebu City.
- Sentence: life imprisonment, a fine of ₱10,000, and costs.
- Appellant lodged assignments of error and moved for a new trial based on newly discovered evidence.
Facts
- Appellant, in concert with Japanese military police and Filipino accomplices, apprehended guerrilla affiliates in Cebu City.
- Count 3: On December 7, 1944, appellant (with a Japanese interpreter) arrested Basilio Severino.
- Count 5: On December 3, 1944, appellant (with Japanese personnel, Pablo Labra, and Maximo Bate) arrested Clemente Chica.
- Count 6: On January 9, 1944, appellant (with Manuel Cocon and a Japanese soldier) arrested Gavino Moras.
- Prosecution established each victim’s guerrilla connection and appellant’s active role or instigation in the arrests.
Issues for Resolution
- Whether the trial court properly exercised its discretion in reopening the prosecution’s case to admit evidence of appellant’s Filipino citizenship after resting.
- Whether the overt acts of treason were proven in accordance with the two-witness rule.
- Whether appellant’s actions were coerced under duress or voluntary.
- Whether the newly discovered evidence warranted a ne