Guinto vs Veluz et al 77 Phil 806

Crime: Treason, amended information

Facts:
Petitioner Jose Guinto was charged with the crime of treason, in the original information,
allegedly for joining the Japanese Military Police and being their spy. A particular overt act that
he arrested one guerilla named Ernesto Simpao, tied his hands behind his back and forced him
to jump in the water and was shot to death, constitute Guinto’s giving aid and comfort to the
enemy.
Before the petitioner filed his plea, on May 25, 1945, the Office of the Official Prosecutors filed
an amended information which provides additional overt acts done by Guinto. These were
specified as the following:
1. He helped and guide five Japanese spies and informers in the arrest of one Albino
Rutao, a guerilla suspect and took him to the place unknown and made him vanished;
2. He led to accompany and help six armed Filipino spies and informaers in the arrest of
one Ariston Tampon and another guerilla companion, punished them severely, taken to
places unknown, and also made him vanished;
3. He led, guided, and helped three armed Japanese spies and informers in the arrest of a
guerilla named Felix De Leon and took him to the Japanese Military Garrison, and made
him vanished.
Guinto contended that the amendment constituted a new information after the period of six
months fixed by law from the passage of Commonwealth Act No. 682, therefore has elapsed.
The CA 682 provides that the People’s court shall decide all cases against national security
committed between Dec. 8,1941 – Sep. 2,1945, and filed within 6 months from the passage of
this Act x x x.

Issue:
Whether or not the amended information constitutes new information and therefore has elapsed.

Ruling:
NO. The presentation of new information is not a filing of a new case of treason because it does
not charge another offense different from that charged in the original one. It only amends the
original information by specifying the acts in the element of treason which is “to adhere to the
enemies, giving them aid and comfort.” And in accordance with the rules of procedure, the
amended information relates back to the date at which said original information was filed, which
is within the prescribed period of six months (As per CA No. 682), therefore did not elapse.
A person who commits treason is not criminally responsible for as many crimes of treason as
overt acts he has intentionally committed to aid the enemy. All overt acts he has done or might
have done for that purpose constitute but a single offense.
Guinto is guilty of treason.