US vs Perez 83 Phil 314

Crime: Treason, by commandeering women

Facts:
Susano Perez was convicted of treason by the People’s Court and
sentenced to death by electrocution. Seven counts were alleged by the
prosecution offered evidence only on counts 1, 2, 4, 5, and 6, in
which according to the court, were substantiated.
In count 1, the accused recruited, apprehended, and commandeered
numerous girls and women against their will and for the purpose of
using them, as in fact were used, to satisfy the immoral purpose of
sexual desire of Japanese soldier officers. Eriberta Ramo testified
that the accused came after her, brought her to Colonel Mini and the
Japanese succeeded to rape her many times, but she escaped later.
In count 2, Perez, together with his company, took Eriberta Ramo and
her sister Cleopatra Ramo from their home to attend a banquet intended
to honor Colonel Mini but will be used as a selection of gilrs who
would be taken for immoral conduct of the Japanese. They were brought
to the headquarters and were forced to live a life of shame.
In count 4, Eduarda Daohog and Eutiquia Lamay were taken from their
homes by the accused and his companion named Vicente Bullecer to
deliver the women to the Japanese Dr. Takiyabas, but they first
satisfied their lust before delivering the women. Perez raped Eduarda
Daohog while Bullecer raped Eutiquia Lamay. The women were later on
abused by the Japanese upon bringing them to the latter.
In count 5, sisters Feliciana and Flaviana Bonalos were brought by
saying they will be taken as witness against a certain Chinese, but
instead were brought to the house of Colonel Mini. The Colonel raped
Flaviana and after, Perez subsequently raped her to a small house near
the headquarters of Col. Mini. Two days later, upon the pretext of
conducting them to their home, Perez brought the other girl,
Feliciana, to a secluded place and raped her. The testimony of two
girls were supported by the testimony of their mothers.
In count 6, nurses Natividad Barcinas, Nicamora Ralameda, and Teotima
Barcinas, nurses of the provincial hospital, stated that Perez came to
the hospital sand they took them to the house of the puppet governor
where they were severely reprimanded for not attending the dance for
Colonel Mini. She said that they were always afraid of Perez and would
not want to go to the dance for they may be selected to be women for
Japanese soldiers’ immoral conduct.
Issue:
1. Whether or not the accused is guilty of treason by commandeering
women to the enemies.
2. Whether or not the accused is guilty of rape.

Ruling:
1. NO. As a general rule, to be treasonous the extent of the aid and
comfort given to the enemies must be to render assistance to them
as enemies and not merely as individuals and, in addition, be
directly in furtherance of the enemies’ hostile designs. His
"commandeering" of women to satisfy the lust of Japanese officers
or men or to enliven the entertainments held in their honor was
not treason. Sexual and social relations with the Japanese did
not directly and materially tend to improve their war efforts or
to weaken the power of the United States. The acts herein charged
were not, by fair implication, calculated to strengthen the
Japanese Empire or its army or to cripple the defense and
resistance of the other side.

2. YES. The accused may be punished for the rape of Eriberta Ramo,
Eduarda Daohog, Eutiquia Lamay and Flaviana Bonalos as principal
by direct participation. Without his cooperation in the manner
above stated, these rapes could not have been committed.

Conviction of the accused of rapes instead of treason finds

express sanction in section 2 of Commonwealth Act No. 682, which
says:jgc:chanrobles.com.ph

"x x x the People’s Court may, nevertheless, convict and sentence

the accused for any crime included in the acts alleged in the
information and established by the evidence.” All the above
mentioned rapes are alleged in the information and substantiated
by the evidence.