Title
People vs. Sabas David
Case
G.R. No. L-2472
Decision Date
Apr 25, 1950
Sabas David, a pro-Japanese Makapili captain, was convicted of treason for maltreating and disappearing Filipino citizens during WWII, affirmed by the Supreme Court.

Case Summary (G.R. No. L-2472)

Factual Background: Appellant’s Pro-Japanese Role and Armed Apparatus

The record showed that David’s participation in pro-Japanese activities was established through the testimonies of Bernardino V. Deseo, Wencaslao L. Altea, Guillermo Cervantes, and Gil Marquez. These witnesses described that after the occupation, David publicly assumed leadership roles in the Makapili and Yoin groups. He was also shown to be armed and to operate from an identifiable office and sign system associated with those organizations.

First Treason-Count Incident: Demand for Deseo’s Shotgun

One day in the early part of February 1943, David, armed with a pistol and a bolo and accompanied by two companions, went to the house of Bernardino V. Deseo and demanded that Deseo surrender his shotgun. When Deseo informed him that the firearm had already been surrendered to the mayor, David answered that he had the same right as the mayor and questioned why Deseo had not surrendered the firearm to him. After Deseo was shown the receipt proving that the weapon had been surrendered to the mayor, David left with his companions. This incident was proven by the testimonies of Bernardino Y. Deseo and Gil Marquez.

Second Treason-Count Incident: Summons, Imprisonment, and Hanging of Altea

On the morning of January 31, 1945, Melecio Alba told Wenceslao L. Altea to report to the garrison. At the garrison, Altea was directed to see the captain, who turned out to be David. When Altea asked why he was summoned, David retorted: “Why are you discourteous. Do you know that I am the captain of the Yoin and Macapilis of this garrison?” David then demanded that Altea surrender his revolver. When Altea replied that he had no revolver, David had him jailed and hanged by the neck and hands, with Altea’s toes barely touching the floor.
At that time, Gil Marquez, who came with Altea’s wife to plead for Altea’s release, saw Altea hanging inside the cell. After approximately four hours, Altea was released upon signing an affidavit pledging loyalty to the Japanese government. The testimonies of Wenceslao Altea himself and Gil Marquez established these facts.

Third Treason-Count Incident: Maltreatment, Hanging, and Disappearance of Parco

In February 1945, when Deseo went to make his periodic report at David’s office, he saw Andres Parco inside a cell being maltreated by David’s soldiers. Deseo observed that David sometimes stayed in his office and sometimes peeped into the cell of Parco and gave orders to the soldiers. On the following day, Deseo again saw Parco confined in the same cell.
Around eleven o’clock that morning, David ordered Deseo to sign in a registry book and to wait. Deseo then heard David say: “It is already eleven o’clock. Take him out. Let him bring the shovel and iron bar (barita).” At that moment, Gil Marquez, who had come upon summons of David, met Deseo in the same office and saw Parco hanging inside a cell. Marquez then saw David proceed to the cell and order the guard: “It is already late. Take him out” (referring to Parco).
Deseo and Marquez then watched the soldiers bring out Parco with his left hand tied, carrying a crowbar and a shovel. About an hour later, they saw the soldiers return without Parco, while Deseo and Marquez themselves were carrying the crowbar and shovel that Parco had carried when they first left the office. After that time, Parco was never seen again. The Court considered these facts as firmly proven by the testimonies of Deseo and Marquez.

Trial Proceedings and Defense Motion

During the trial in the lower court, after the prosecution presented its evidence, the defense moved for dismissal on the ground of insufficiency of evidence. The trial court denied the motion. Upon resumption of trial, the defense rested its case without presenting any evidence.

The Parties’ Contentions on Appeal

On appeal, David did not present evidence and the thrust of his position, as carried from the trial posture, challenged the adequacy of the evidence through the earlier motion for dismissal based on insufficiency. The prosecution relied on testimonial evidence supporting the three counts of treason and the appellant’s pro-Japanese leadership and coercive acts.

Ruling of the Court

The Court affirmed in toto the judgment of the Court of First Instance of Quezon. It held that it found no reason to disturb the trial court’s findings because all the elements of the crime of treason had been fully established. The conviction on three counts, and the penalty of reclusion perpetua, together with the accessory penalties, the fine of P5,000, and costs, remained in effect.

Legal Basis and Reasoning

The Court treated the testimonial evidence as sufficient to establish David’s active alignment with Japanese-controlled pro-Japanese organizations and his participation

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