People vs Francisco delos Santos 87 Phil 721

Crime: Treason, conspiracy

Facts:
Francisco delos Santos is charged with treason. Together with Eligio
Torres and 20 japanese soldiers, raided the house of Cresencio
Timpangco and found several persons namely: Castro dela Vega, Mariano
Alfonso, Domingo Jimenex, Ponciano de la Chica, and Liberata Cabaya.
They searched the house and asked the people in the house about the
guerillas. The people denied to have knowledge and they were
maltreated, and soon, were killed. Only Mariano Alfonso made to
escape.
Further, he and Eligio Torres, one Julian, and other Japanese
soldiers, after having dinner in the house of Florencio Sebastian,
asked him about the whereabouts of Jose Fernandez and his son-in-law
which the appellant believes to be guerillas. Sebastian denied his
knowledge and they maltreated him in ways unimaginable. Soon, as he no
longer can endure the tortures, he stated about the whereabouts of the
people they were looking for, the money he was keeping, his .45
caliber pistol and trunk where they found values of money. Afterwards,
they proceeded in the house of Jose Lim and his companions took away 9
trunks containing goods worth P5000. They also took a bag with lots of
jewelry and other valuable possessions.
The appellant admits to the investigation and killing done to Castro
dela Vega and others but stated that the evil deeds are done by the
Japanese. He also denied that he took the trunk from the house of Juan
Sebastian saying the Japanese took it and ordered him to carry it. He
also denies taking a bag from Jose Lim’s house and was only ordered to
put carry the 9 trunks away. He also negated he and Eliago did not
investigate Florencio Sebastian, stating that the Japanese soldier
officials did the investigation and the torture.
Despite the denial in all the charges against him, all the counts of
treason were being sustained by the established testimony of more than
two witnesses over the same overt acts, of each count.

Issue:
Whether or not the appellant is guilty of conspiracy to treason.

Ruling:
YES. Although he did not participate in the killing of Castro dela
Vega and others, his participation in the apprehension, investigation,
and torture of the victims, makes him responsible for the acts of his
companions. There is evidence sufficient in law for a finding that
there was conspiracy, common purpose, and concerted action by and
between the appellant and his companions which render each and
everyone of the participants in the unlawful acts perpetrated, no
matter how minor or insignificant be his part, responsible for all
such acts.