People v Adlawan

This a review of the sentence of death and a fine of p20,000 imposed by the People’s Court upon the
appellants who was charged with treason but convicted with the ‘complex crime of treason with
murder, robbery and rape’.

Facts: Pleading guilty, herein accused, Cucufate Adlawan, on the period between 1943 to 1945, adhered
to the enemy Empire of Japan and its Imperial Japanese Forces, with reasonable intent to give aid and
comfort to said enemy, who then and there willfully unlawfully feloniously and treasonably joined and
became a member of the Philippines Constabulary, an enemy-sponsored military organization knowing
fully well that the aims and purposes of the organization are among other to extend every aid and
cooperation with said enemy in the prosecution of her war efforts against the USA and Philippines and
during said period, who went out on numerous patrol in company with Japanese forces in search of
guerilla and other elements resisting the enemy of the Philippines. In the course of doing so, he also
committed murder, torture, robbery and rape.

Issue: Is the accused guilty of the special complex crime of treason with murder, rape and robbery?

Held: The People’s Court convicted the accused guilty of the special complex crime of treason with
murder, robbery and rape and is sentenced to suffer the death penalty and to pay a fine of p20,000.

Upon review by the SC, the accused assailed the conviction and that the lower court should have
appreciated his mitigating circumstances (voluntary surrender; he is being utilized as a witness by the
CIC; and that he saved many lives from the Japanese forces) and that the lower court erred in
appreciating the aggravating circumstances of treachery and abuse of superior strength.

The accused is sentenced to suffer reclusion perpetua and a fine of p20,000.

Reason: The SC held that the aggravating circumstances of treachery and abuse of superior strength
should not have been considered for these circumstances are ‘by their nature, inherent in the offense of
treason and may not be taken to aggravate the penalty’. But the facts alleged in the information show
that the accused deliberately augmented wrong by unnecessary being cruel to captured guerilla
suspects, subjecting them to barbarous forms of torture and death, and he also added ignominy by
stripping off the clothes of a guerilla suspect’s wife and abusing them together with other Filipino girls.
These aggravating circumstances of unnecessary cruelty and ignominy may be appreciated.