People v. Adlawan, 83 Phil. 194 Case Digest

G.R. No. L-456             March 29, 1949

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
CUCUFATE ADLAWAN, defendant-appellant.

Facts:

1. Appellant charged with treason but convicted of the “complex crime of treason with murder, robbery, and rape” by the People’s Court.
2. Appellant pleaded guilty to the amended complaint containing multiple counts related to treasonous acts during the Japanese occupation of the Philippines.
3. Counts include collaboration with enemy-sponsored military organizations, participation in patrols with Japanese soldiers, involvement in mopping-up operations resulting in deaths, construction of shelters for Japanese soldiers, apprehension and torture of guerrillas, and various incidents of arrests, torture, and maltreatment.
4. Appellant pleads for a modification of the sentence, presenting several contentions, including errors in considering aggravating and mitigating circumstances.

Issues:

1. Was there an error in convicting the appellant of the “complex crime of treason with murder, robbery, and rape”?
2. Were the alleged mitigating circumstances of voluntary surrender, assistance to the CIC, and saving lives proven?
3. Is the claim of an assurance against the death penalty supported by evidence?
4. Should treachery and abuse of superiority be considered as aggravating circumstances?
5. Did the lower court err in sentencing the appellant to death and imposing a fine of P20,000?

Held:

1. Appellant should not have been convicted of the “complex crime of treason with murder, robbery, and rape.” These elements were not separate offenses but part of the general charge of treason.
2. Mitigating circumstances of voluntary surrender were not proven. Meritorious acts were not substantiated and, therefore, not considered as mitigating circumstances.
3. The claim of assurance against the death penalty lacked evidence and was denied by both the prosecution and the trial court.
4. Treachery and abuse of superiority are inherent to treason and should not be considered as aggravating circumstances. However, unnecessary cruelty and ignominy in committing treasonous acts can be appreciated as aggravating circumstances.
5. The penalty for treason (reclusion temporal to death and a fine not exceeding P20,000) should be adapted within the range provided by the Revised Penal Code. Considering mitigating and aggravating circumstances, the appellant is sentenced to reclusion perpetua and a fine of P20,000.

Decision:

Judgment modified. Appellant was declared guilty of treason and sentenced to reclusion perpetua and a fine of P20,000, with costs de oficio.