G.R. No. L-2997 June 29, 1951 - PEOPLE OF THE PHIL. v.

LAMBERTO SA… />089 Phil 359 : June 1951 - Philipppine Supreme Court Decisions 4/25/21, 4:20 PM

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June 1951 Decisions > G.R. No. L-2997 June 29, 1951
ChanRobles - PEOPLE OF THE PHIL. v. LAMBERTO SAN JUAN
Professional
Review, Inc. 089 Phil 359:

SECOND DIVISION

ChanRobles On-
[G.R. No. L-2997. June 29, 1951.]
Line Bar Review

THE PEOPLE OF THE PHILIPPINES, Plaintiff-

Appellee, v. LAMBERTO SAN JUAN, Defendant-

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G.R. No. L-2997 June 29, 1951 - PEOPLE OF THE PHIL. v. LAMBERTO SA… />089 Phil 359 : June 1951 - Philipppine Supreme Court Decisions 4/25/21, 4:20 PM

Appellant.

Assistant Solicitor General Francisco P. Carreon

and Solicitor Martiniano P. Vivo, for plaintiff and
appellee.

Mariano Mercado for defendant and Appellant.

SYLLABUS

TREASON; ONE COUNT OF INFORMATION, PROVED. —

Where one of the counts of the information was proved
in accordance with the two-witness rule, and the
ChanRobles CPA
defendant’s adherence to the enemy was implied from
Review Online
the overt acts charged and established thereunder, and
confirmed by his admission that he evacuated with the
Japanese away from the town where those acts were
committed, such proof is sufficient to support the
defendant’s conviction although the other counts of the
information have not been proven under the two
witness rule.

DECISION

PARAS, C.J. :

ChanRobles Special
Lecture Series This is an appeal from the judgment of the Court of
First Instance of Quezon, finding the appellant,
Lamberto San Juan, guilty of treason and sentencing
him to reclusion perpetua and its legal accessories, and
to pay a fine of fifteen thousand pesos, plus the costs.

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G.R. No. L-2997 June 29, 1951 - PEOPLE OF THE PHIL. v. LAMBERTO SA… />089 Phil 359 : June 1951 - Philipppine Supreme Court Decisions 4/25/21, 4:20 PM

The information charged eleven counts, but appellant’s

conviction is predicated only on counts 1, 2, 8 and 10.

That the appellant is a Filipino citizen is beyond

question. The evidence for the prosecution tends to
show that one day in December, 1943, during the so-
called amnesty period, Vivencio Panganiban, Rustico
Cabasco, Lt. Tuso, Lt. Ovena, and Gerundio Villanisa,
coming to the town of Lopez, Quezon, met in the house
of Potenciano Desembrana for the purpose of talking
about guerrilla matters. In the midst of their
conference, somebody appeared and gave the news
that the Japanese were coming, whereupon the group
began to leave. Meeting Gerundio Villanisa who, upon
being asked, disclosed that he was talking with
guerrillas, the appellant proceeded to the Japanese

June-1951 garrison and returned with four Japanese soldiers,

Jurisprudence armed like the appellant. The latter and his Japanese
companions went in the direction taken by the
guerrillas, and when the latter approached the hospital,

G.R. No. L-4495 the appellant fired at them, with the result that the

June 6, 1951 - intended victims had to flee. These facts constitute the

ALFONSO C. basis of count No. 1 and were testified to by Gerundio

SALCEDO v. Villanisa and Rustico Cabasco.

DIOSDADO M.
CARPIO Counsel for appellant insists that there is a discrepancy
in the testimony of these two witnesses, because

089 Phil 254 Villanisa stated that the appellant rushed to the
Japanese garrison and returned with Japanese soldiers,

G.R. No. L-2826 while Cabasco alleged that he saw the appellant with

June 11, 1951 - Japanese soldiers, without mentioning appellant’s trip

ALFREDO N. CRUZ v. to the garrison. The discrepancy is more apparent than

JOSE M. VALERO real. Cabasco merely omitted a detail which Villanisa

was able to recite, but the former’s testimony is

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089 Phil 260 nonetheless complete in specifying that the appellant

and his Japanese companions pursued the abovenamed
G.R. No. L-3415 guerrillas and that the appellant fired at them near the
June 11, 1951 - hospital.
EUFENIO JUSTO v.
EUTROPIA C. We are inclined to agree with counsel for appellant that
HERNANDO the other counts, Nos. 2, 8 and 10, (that the appellant
arrested Melecio Villate, that he delivered a speech in
089 Phil 268 Lopez in which he claimed that the Americans would
not return and General Vera was a bandit, and that the
G.R. No. L-2610 appellant sent a patrol of Makapilis to barrio
June 16, 1951 - Villahermosa with orders to arrest all), have not been
CEFERINA RAMOS v. proven in accordance with the two-witness rule; but
ANATOLIO C. count No. 1 is sufficient to support appellant’s
MAÑALAC conviction, his adherence to the enemy being implied
from the overt acts charged and established
089 Phil 270 thereunder, and confirmed by his admission that he
evacuated with the Japanese from Lopez to Atimonan.
G.R. No. L-2820
June 21, 1951 - There being neither mitigating nor aggravating
FAUSTO ISAAC v. circumstances, the penalty imposed by the trial court is
LEOPOLDO MENDOZA conformable to law. The appealed judgment will
therefore be as it is hereby affirmed, with costs against
089 Phil 279 the appellant. So ordered.

G.R. No. L-3765 Feria, Pablo, Bengzon, Padilla, Tuason, Montemayor,

June 21, 1951 - Reyes and Jugo, JJ., concur.
PEOPLE OF THE PHIL.
v. MORO SABILUL

089 Phil 283

Back to Home | Back to Main

G.R. No. L-3412
June 26, 1951 -

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PEOPLE OF THE PHIL.

v. QUIRINO MALLABO

089 Phil 288

G.R. No. L-2376

June 27, 1951 -
AMERICAN FAR
EASTERN SCHOOL OF
AVIATION v. AYALA Y
COMPAÑIA

089 Phil 292

G.R. No. L-2921

June 27, 1951 -
PEOPLE OF THE PHIL.
v. TEOFILO CONDE Y
VILLAROSA

089 Phil 298

G.R. No. L-2965

June 27, 1951 -
PEOPLE OF THE PHIL.
v. SALVADOR LUCAS
RAMIREZ

089 Phil 304

G.R. No. L-3496

June 27, 1951 -
SINFOROSA CASTRO
DAVID v. ALFREDO

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CASTRO

089 Phil 310

G.R. No. L-2411

June 28, 1951 -
DAVID (DAVE)
THOMAS v.
HERMOGENES S.
PINEDA

089 Phil 312

G.R. Nos. L-2999 &

L-3000 June 28, 1951
- EL PUEBLO DE
FILIPINAS v. LUIS
PAGDILAO Y
TEODORO SALON

089 Phil 328

G.R. No. L-3281

June 28, 1951 -
REPUBLIC OF THE
PHIL. v.
TRANQUILINO
ROVERO

089 Phil 333

G.R. No. L-516

June 29, 1951 -
PEOPLE OF THE PHIL.

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v. SABINO TAN

089 Phil 337

G.R. No. L-2504

June 29, 1951 -
CONCEPCION VDA.
DE VILLACORTE v.
MACARIA E.
MARIANO

089 Phil 342

G.R. No. L-2910

June 29, 1951 -
MANUFACTURERS
LIFE INSURANCE CO.
v. BIBIANO L. MEER

089 Phil 351

G.R. No. L-2997

June 29, 1951 -
PEOPLE OF THE PHIL.
v. LAMBERTO SAN
JUAN

089 Phil 359

G.R. Nos. L-3374-

75 June 29, 1951 - EL
PUEBLO DE
FILIPINAS v.
CORNELIO MANDAP

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089 Phil 361

G.R. No. L-3407

June 29, 1951 -
PHILIPPINE
NATIONAL BANK v.
BERNARDO
BAGAMASPAD

089 Phil 365

G.R. No. L-3409

June 29, 1951 -
PEOPLE OF THE PHIL.
v. LEE KIAT

089 Phil 382

G.R. No. L-3635

June 29, 1951 -
PEOPLE OF THE PHIL.
v. ADRIANO MAPALAD

089 Phil 390

G.R. No. L-3754

June 29, 1951 -
ROSALIA S. DE
TANGCO v. COURT OF
APPEALS

089 Phil 395

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G.R. No. L-4158

June 29, 1951 -
EMILIA RODRIGUEZ
DE HERRERA v.
PATRICIO C. CENIZA

089 Phil 398

R-C.A. No. 8551

June 29, 1951 -
EMMA VILLASOR v.
GABRIEL B. CAMON

089 Phil 404

G.R. No. L-2011

June 30, 1951 -
PEOPLE OF THE PHIL.
v. LORETO
BARRIOQUINTO

089 Phil 414

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