G.R. No. L-5170 - People vs. Pedro Sabido y Delantar

Case Summary (G.R. No. L-5170)

Factual Background

The prosecution alleged that for the purpose of giving aid and/or comfort to the enemy and with intent to do so, the appellant acted as an agent and informer of the Japanese Imperial Forces and joined the collaborationist military organization “KALIPUNAN MAKABAYAN NG MGA PILIPINO”, commonly known as “MAKAPILI.” It further alleged that the appellant participated in the raid on the Palma family connected with the suspected guerrilla activity of Recto Palma, and that he aided Japanese authorities in the “zonification” of Domingo Santiago St., Sampaloc, resulting in the arrest of suspected guerrillas and their subsequent execution. Although the Information contained five counts, the record of evidence supporting only counts 1, 2, and 3 was treated as sufficient for conviction.

In connection with count 2, Alicia Palma, together with her sister Isabel Palma, and Atilano Sosa testified that on April 23, 1943, the appellant accompanied by several Japanese soldiers went to the Palma home in San Nicolas, seeking Recto Palma, who was said to be a guerrilla. Recto was not in the house. The appellant and his Japanese companions were about to take Alicia to the garrison when a Japanese officer arrived and intervened. Through the appellant, Alicia was told to inform her mother that Recto Palma should surrender to the garrison as soon as he arrived, otherwise their family would be taken to the garrison. After the Japanese patrol left, the Palma family moved or evacuated to Sampaloc, apparently to avoid being taken to the garrison, and Recto never returned and was never heard from after that day.

For counts 1 and 3, Ramon Samonte testified that during 1943 to 1944 he repeatedly saw the appellant in Manila going with Japanese soldiers. He stated that he saw the appellant at the Wise Building pushing people inside, and that the appellant wore an arm band with Japanese characters. Samonte considered him a Japanese spy. He further testified that on December 5, 1944, about 2:00 a.m., hundreds of Japanese soldiers surrounded Domingo Santiago street in Sampaloc and placed it under what was then called “zona.” The men residing on that street were forced to leave their homes. Those suspected as guerrillas were separated from the rest and taken away. The appellant pointed to Alejandro Samonte, the son of the witness, as a guerrilla, and then pointed to Cornelio Hernandez as another guerrilla. According to the witness, the appellant then took part with the Japanese soldiers in taking away Alejandro and Cornelio, and they were never heard from until the date of trial on June 22, 1951. Samonte also testified that at that time the defendant carried a pistol and a carborata.

The prosecution evidence also corroborated the testimony of Ramon Samonte through Ramon Galit, who had been living in the same house with Alejandro Samonte and Cornelio Hernandez. The prosecution likewise proved biographical and citizenship facts showing that the appellant was born in Balanhiga, Samar, that his parents were Ignacio and Felipa, and that he was a Filipino citizen.

Trial Court Proceedings

The Court of First Instance of Manila found the appellant guilty of treason under the three counts supported by the evidence, and imposed the penalty of reclusion perpetua and a fine of P10,000.00 plus costs. The trial court found him guilty under counts 1, 2, and 3, although it excluded two items of evidence presented to show that he was a MAKAPILI. Even without those two pieces of evidence, the trial court held that the appellant’s overt acts charged in the counts were proven beyond reasonable doubt.

Grounds for Appeal and Positions of the Parties

The appellant appealed the conviction. The Supreme Court noted that his counsel de officio, after a detailed review of both the prosecution and defense evidence, believed in the appellant’s guilt and recommended affirmance of the conviction. The counsel de oficio stated in substance that the trial court did not err in appreciating the facts and laws involved, and that it had unmistakably concluded that the appellant committed the overt acts alleged in the Information, particularly those under counts 1, 2, and 3.

Supreme Court’s Evaluation and Disposition

The Supreme Court reviewed the evidence and held itself satisfied beyond reasonable doubt that the appellant had committed treason. It treated the evidence corresponding to counts 1, 2, and 3 as adequate to establish the charged overt acts done for the purpose of giving and with intent to give aid and/or comfort to the enemy. The Court affirmed the decision of the Court of First Instance of Manila in its entirety as to conviction and sentence. It disposed of the appeal by affirming the judgment with costs. The Justices Paras, C. J., Pablo, Bengzon, Padilla, Tuason, Reyes, Jugo, Bautista Angelo and Labrador concurred.

Legal Basis and Reasoning

The Court’s reasoning, as reflected in the decision, anchored on the sufficiency of the proof of treason through the overt acts alleged in the Information and supported by testimonial evidence. The testimony showed the appellant’s repeated association with Japanese forces, his participation in acts connected with Japanese operations, and his active identification and handing over of persons suspected to be guerrillas to the occupying authorities. It also established the appellant’s citizenship as a Filipino citizen, a relevant personal element in treason cases. The Court relied on the credibility and corroboration of the prosecution witnesses, particularly the testimony of Ramon Samonte and its corroboration by Ramon Galit, and the testimony of the Palma witnesses regarding the appellant’s role in the raid and threat to the Palma family in April 1943.

The Supreme Court also took into account that, although the trial court rejected two items of evidence aimed at proving MAKAPILI affi

Case Syllabus (G.R. No. L-5170)

Pedro Sabido y Delantar appealed the Court of First Instance of Manila decision finding him guilty of treason.
The trial court sentenced Pedro Sabido y Delantar to reclusion perpetua and ordered him to pay a fine of P10,000.00 plus costs.
The appeal required review of the treason counts for which evidence was actually adduced at trial.

Charges and Trial Counts

Pedro Sabido y Delantar was charged with treason in five (5) counts.
The trial evidence was presented only to support counts 1, 2, and 3, which the appellate court reproduced in the decision.
The remaining counts were not supported by evidence at trial, as reflected by the appellate court’s review focus on counts 1, 2, and 3.

Allegations Under Count One

The information alleged that from 1942 to February 1945, in the City of Manila, Pedro Sabido y Delantar acted with intent to give aid and/or comfort to the enemy.
The alleged overt act for count 1 was that he acted as an agent and informer of the Japanese Imperial Forces.
The information further alleged that to realize his intention to aid or comfort the enemy, he wilfully and unlawfully joined the “KALIPUNAN MAKABAYAN NG MGA PILIPINO”, known as “MAKAPILI”, described as a collaborationist military organization intended to help Japan against the United States.

Allegations Under Count Two

The information alleged that in or about April 1943, in the City of Manila, Pedro Sabido y Delantar acted with intent to give aid and/or comfort to the enemy.
The alleged overt act for count 2 was that he, together with Japanese military police officers and soldiers, raided the house of Recto Palma, described as a querillero.
The information alleged that when Recto Palma was not at home, Pedro Sabido y Delantar helped round up all members of the Palma family.
The alleged purpose for the raid and roundup was giving aid and/or comfort to the enemy.

Allegations Under Count Three

The information alleged that on or about December 5, 1944, in the City of Manila, Pedro Sabido y Delantar aided the Japanese military police with intent to give aid and/or comfort to the enemy.
The alleged overt act for count 3 was that he aided and helped the Japanese military police in the zonification of Domingo Santiago St., Sampaloc.
The information alleged that as a result, hundreds of Filipinos were taken to Japanese military barracks.
The information alleged that at the barracks, Pedro Sabido y Delantar helped pick out guerrilla suspects and helped in the torturing and executing them.
The information alleged that among those executed were Alejandro Samonte and Cornelio Hernandez, for being guerrillas.

Trial Court Findings

The trial court found Pedro Sabido y Delantar guilty under counts 1, 2, and 3.
The trial court found him guilty for treason despite a qualification regarding proof of MAKAPILI, stating it was unable to find evidence presented to show the accused was a MAKAPILI.
The appellate court noted that the trial court nevertheless sustained conviction beyond reasonable doubt for the acts described in the three counts supported by evidence.

Prosecution Evidence on Count Two

Under count 2, Alicia Palma and her sister Isabel Palma testified that on April 23, 1943 the appellant accompanied by Japanese soldiers went to the Palma home in San Nicolas.
The testimony stated that the search was for Recto Palma, brother of Alicia and Isabel, because he was said to be a guerrilla.
The evidence stated that Recto was not in the house, and the appellant and Japanese companions were about to take Alicia to the garrison.
The testimony asserted that a Japanese officer intervened, and the appellant then told Alicia to instruct her mother to see to it that Recto Palma surrende