EN
BANC
THE
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
G.
R.
No. L-2537
January
10, 1951
-versus-
FERNANDO
MARTIN
[ALIAS VASQUES],
Defendant-Appellant.
D
E C I S I
O N
JUGO,
J :
Fernando
Martin alias
Vasques was accused before the Court of First Instance of Batangas of
treason,
the information containing four counts. During the trial, on motion of
the fiscal, Count 4 was dismissed for lack of evidence. After the
trial,
the Court found him guilty on three counts and sentenced him to death.
He appealed.
We find from the
evidence
presented by the prosecution that the following facts have been
established:chanroblesvirtuallawlibrary
Fernando Martin alias
Vasques, 19 years of age in the year 1945, is a native-born citizen of
the Philippines, with residence in Lopez, Quezon Province.
Count No. 1.
— During the Japanese occupation of the Philippines, the appellant
joined
the so-called Yoin society, the main purpose of which was to aid the
Japanese
forces in their campaign against the Fil-American army and the
guerrillas.
Later, he became an officer of the Makapili organization which had
similar
purposes to those of the Yoin society. He received military training
from
the Japanese. He was provided with arms and used the Japanese military
uniform. Later on, he took charge of the training and instruction of
the
Makapili members. Sometimes he acted as an informer.
The above facts were
testified to by Josefinita Jusay de Villanueva and her sister Bella.
Count No. 2.
— On January 25, 1945, the appellant, with several companions composed
of Filipinos and Japanese, entered the store of Felisa Latisa in barrio
Maraoy, Lipa, Batangas, looking for Primitivo Lazat and one Baldomero
Soriano.
They did not find them in the store. They searched another house in a
nearby
field and there they found Primitivo Lazat whom they arrested and tied.
After a while, they found also Baldomero Soriano. The appellant asked
him
whether he was a guerrilla lieutenant. Soriano emphatically denied it.
As Soriano persisted in his denial, not even admitting that he had any
connection with the guerrillas, the appellant struck him with a big
stick
one meter long. As Soriano still denied the imputation, the appellant
shot
him to death with a rifle. Lazat was taken away by the appellant and
his
companions, and nothing has been heard of him thereafter.
Just before the above
incident, the appellant and his companions entered the house of Pablo
Magsino
looking for guerrillas. They fired shots at the many people who were
gathered
in the house, killing Crisanto and Mariano Reyes. The other people who
tried to escape were caught and tied by the appellant's group, but said
people were later released due to the intercession of Marcelina Tesico,
who assured the raiders that those people were not guerrillas.
The above facts were
testified to by several witnesses.
Count No. 3.
— In the afternoon of February 9, 1945, Josefinita Jusay de Villanueva
and her sister Bella, with their parents and some relatives, were
traveling
toward the mountains in the barrio of San Antonio, Sto. Tomas,
Batangas.
On their way, they were arrested by the appellant who was accompanied
by
some Japanese soldiers, for the reason that their father was suspected
of being a guerrilla. The appellant tied the hands of the father. All
of
them were taken to the main road where they were ordered to board a
truck
that brought them to Barrio Sulok. Upon arriving at that place, the
father
and mother and other prisoners were lodged in the Japanese barracks.
Josefinita
and Bella were taken to the house of Primo Quinto, whose wife was their
relative. The next morning they were allowed to visit their parents in
the barracks. They noticed that the faces of their father and of some
of
the other detainees were swollen and their clothes torn. Later in the
evening,
they heard their mother screaming very loudly. They have never seen
their
parents again.
Josefinita Jusay and
Bella Jusay together with other witnesses testified to the above facts.
The defendant denied
any participation in the above acts charged against him.
He testified that on
December 25, 1944, he was arrested by the Japanese in Lucena, Quezon
Province.
On January 2, 1945, he was taken to the Japanese garrison in Lipa,
Batangas,
to be investigated by Primo Quinto. After the investigation, he was
taken
to the airfield in Mataas na Kahoy where he was ordered to work. On
January
8, he was taken to Alaminos, Tayabas [Quezon Province], where he stayed
up to February 15. He was brought back to Barrio Sulok where he stayed
continuously up to March 17. In Barrio Sulok he became acquainted with
Josefinita Jusay. He disclaims any knowledge of acts charged against
him.
The above testimony,
which is uncorroborated, cannot prevail over the positive, direct, and
straightforward testimony of the witnesses for the prosecution, some of
whom were victims who had survived the ordeal. There was no motive
absolutely
for said witnesses to testify falsely against the accused. The defense
of the appellant is a sort of alibi, which is generally weak and, more
so in view of the circumstances of this case. The defendant displayed
too
good a memory for dates to establish his uncorroborated alibi.
The penalty of death
imposed by the trial court should be reduced to reclusion perpetua with
the accessory penalties of the law, in view of the fact that eight
Justices
of the Court failed to reach a decision on it as provided for in
Section
9 of Republic Act No. 296, otherwise known as the Judiciary Act of 1948.
The judgment appealed
from is hereby modified by imposing upon the appellant the penalty of
reclusion
perpetua, with the accessory penalties of the law, a fine of P10,000,
without
subsidiary imprisonment in case of insolvency. Without costs. It is so
ordered.
Moran, C.J.,
Feria, Pablo, Bengzon, Padilla, Tuason, Montemayor and Reyes, JJ.,
concur.
Paras, J.,
concurs
in the result. |