8/23/2019 G.R. No. L-985 January 23, 1948 - PEOPLE OF THE PHILIPPINES v.

INES v. DIONISIO AGONCILLO<br /><br />080 Phil 33 : JANUARY 1948 - PHILIP…

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Philippine Supreme Court Jurisprudence > Year 1948 > January 1948 Decisions > G.R. No. L-985 January 23,
1948 - PEOPLE OF THE PHILIPPINES v. DIONISIO AGONCILLO

080 Phil 33:

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EN BANC

[G.R. No. L-985. January 23, 1948.]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DIONISIO AGONCILLO, Defendant-

Appellant.

Macario L. Nicolas for Appellant.

Assistant Solicitor General Ruperto Kapunan, Jr., and Solicitor Federico V . Sian for Appellee.

SYLLABUS

1. CRIMINAL LAW; TREASON; WAR MATERIALS; SALE TO ENEMY; PRICE, NECESSITY OF PROOF AS TO.
— With respect to the sale of 300 kilos of alum crystals, the testimony of the prosecution witness L. B. to
the effect that the price was P3 a kilo, is not corroborated by any other witness. With respect to the
alleged sale of 100 pieces of water pipes, counsel for the appellee admits that the price thereof was not
known. Held: That an essential part of the overt act charged in the information was lacking.

DebtKollect Company, Inc.
2. ID.; ID.; ID.; ID.; ALUM CRYSTALS AND WATER PIPES. — The sale to the enemy of alum crystals and
water pipes does not per se constitute treason, because said articles or materials are not exclusively for
war purposes and their sale does not necessarily carry an intention on the part of the vendor to adhere to
the enemy.
3. ID.; ID.; ID.; ID.; ID.; EVIDENCE; TWO PROBABILITIES. — Where two probabilities arise from the
evidence, the one compatible with the presumption of innocence will be adopted.

DECISION

PARAS, J.:

This is an appeal from a judgment of the People’s Court finding the appellant, Dionisio Agoncillo, guilty of
treason and sentencing him to suffer fifteen years of reclusion temporal and to pay a fine of two thousand
pesos and the costs.

According to the information, from February, 1944, to March, 1945, in Cebu City and its environs, the
appellant (1) "did consistently and continuously traffic in war materials and sold them to the enemy," and
(2) "did join and serve the enemy as informer, agent, and spy." The People’s Court held that the second
count was not proven, and the appealed judgment of conviction is predicated solely on the first count.

Under the theory of the prosecution, appellant’s adherence to the enemy is inferable from the following
alleged facts: (a) In the afternoon of September 20, 1944, while the appellant was taking a bath in the
ChanRobles Intellectual Property house of his neighbor Rufina Cepeda, the latter’s cousin (Olimpio Do), who knew how to read Chinese,
Division examined appellant’s clothes and found therein appellant’s identification card written in Japanese and
Chinese characters tending to show that the appellant was a Japanese undercover. (b) In January, 1945,

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8/23/2019 G.R. No. L-985 January 23, 1948 - PEOPLE OF THE PHILIPPINES v. DIONISIO AGONCILLO<br /><br />080 Phil 33 : JANUARY 1948 - PHILIP…
after a trip to Bohol, Rufina Cepeda told the appellant that there were guerrillas in Bohol and that
Japanese notes were no longer accepted in said place. In the evening of the next day, Rufina Cepeda was
arrested by the Japanese and their undercovers and asked about things she saw in Bohol. Rufina was
detained for three days. After her release, the appellant came to her house and got some chickens for the
consumption of the Japanese who arrested her. A Japanese also used to sleep once in a while in
appellant’s house.

Upon the other hand, appellant’s alleged overt acts of giving aid and comfort to the enemy are
summarized in the brief for the Government as follows: In the middle of April, 1944, the appellant sold
about 300 kilos of alum crystals, at three pesos a kilo, to the Keribo, a construction company operated by
the Japanese Army. Two or three weeks thereafter, he sold to the same entity some 100 pieces of water
pipes, the price of which was not known. About the third week of December, 1944, the appellant was seen
on Jones Avenue helping push a handcart full of truck and auto tires, batteries and spare parts into the
intermediate or high school premises then used by the Japanese Army as a motor pool.

Regardless of the writer’s view on suspension of political laws and change of sovereignty as heretofore
expressed, the Court is of the opinion that the overt acts imputed to the appellant have not been duly
proven. With respect to the sale of 300 kilos of alum crystals, the testimony of the prosecution witness
Lorenzo Barria to the effect that the price was P3 a kilo, is not corroborated by any other witness. With
respect to the alleged sale of 100 pieces of water pipes, counsel for the appellee admits that the price
thereof was not known. An essential part of the overt act charged in the information was therefore
lacking. No pretense was made that the appellant donated the articles in question. The alleged delivery of
truck and auto tires, batteries and spare parts can be disregarded. The only detail that may at most be
considered established by the prosecution refers to the fact that the appellant helped in pushing a
handcart loaded with such articles, and the evidence is even uncertain in one respect, namely, that the
cart was brought either to the intermediate school premises or the high school building. Indeed, it is
acknowledged by the lower court that the witnesses for the Government did not know how the appellant
disposed of the articles loaded in the cart.

Even supposing, however, that the appellant had really sold for a definite price alum crystals and water
pipes, the same did not per se constitute treason. As said articles or materials were not exclusively for
war purposes, their sale did not necessarily carry an intention on the part of the vendor to adhere to the
enemy. The theory of the prosecution is that the sale was treasonable in view of the other proven acts
showing appellant’s adherence to the enemy. It appears, however, that the alleged acts of adherence
performed by the appellant took place after the overt act in question. It is not unlikely that at the time the
appellant made the sale, his motive was purely personal gain, uninfluenced by any benefit inuring to the
enemy. Where two probabilities arise from the evidence, the one compatible with the presumption of
January-1948 Jurisprudence                  innocence will be adopted. (People v. Agpangan, G. R. No. L-778, October 10, 1947.)

G.R. No. L-959 January 9, 1948 - BENEDICTO Wherefore, the appealed judgment is reversed and the appellant acquitted with costs de oficio. So
AUSTRIA v. JOSE L. AMANTE ordered.

079 Phil 780 Moran, C.J., Feria, Pablo, Perfecto, Hilado, Bengzon, Briones, Padilla and Tuason, JJ., concur.

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