People vs Marasigan GR No 2235 31 January 

1950

Facts: On 21 January 1945, Urbano Marasigan dressed in a Japanese uniform and armed with a rifle raided the
house of Macario Sories, who are associated with the guerrillas as a messenger. He was asked by Marasigan if he
was a guerilla and answered in the negative. But he was then brought to his father’s house. His father and sibling
Nicasio and Maximo were asked the same question. But Nicasio was not taken due to his old age. The siblings were
then brought towards the mountain and were never heard from. A month later Marasigan yelled at Macario’s wife
not to wait for her husband for he is already dead. He was accompanied also by is father to Nicasio’s house and
pleaded for forgiveness. The People’s Court convicted him of treason. He contended that it was impossible for him
to be part of the raid as he was arrested and remained in Japanese custody from 21 January until the month of
March. His counsel also raised the mitigating circumstance of lack instruction.

Issue: Whether or not Marasigan’s action was mitigated by lack of instruction?

Decision: Judgment modified. Mitigating circumstance of lack of instruction found in favour of Marasigan and
penalty modified accordingly. Marasigan had not gone to and studied in the public schools and can neither read
nor write English. His schooling was confined to studying and finishing the caton, an elementary Spanish reader for
beginners.