CRIMINAL LAW 2

JUDGE RAYMUND JOSEPH SORONGON

People vs. Victoria

78 Phil 129 | March 13, 1947

EN BANC

FACTS:

Carmelito Victoria who is a Filipino citizen owing allegiance to the Philippines was accused of crime
of treason under Article 114 of the Revised Penal Code by giving the Japanese aid and/or comfort
during the war, in the following manner, to wit:

1. October 6, 1944, the accused, for the purpose of giving and with the intent to give said enemy aid
and comfort, joined an armed enemy patrol, (composed of about eight spies and a Japanese
soldier),went to Frederico Unson’s house and accused the latter of hiding guerrilla, that the patrol did
feloniously, willfully, unlawfully, and treasonably arrested him, together with Isaias Perez, and Ruben
Godoy. The three were tortured and killed afterwards.

2. December 21, 1944, the accused, accompanied by other Japanese spies who were all armed, for the
purpose of giving and with the intent to give said enemy aid and comfort, went to Jose Unson’s house,
brought him to the Japanese garrison on the charge that he had a short wave radio that he was using to
furnish radio information to the guerrillas to give them support.

3 February 10, 1945, the accused, with members of the Intelligence Unit of the Kempei Tai, all armed,
and for the purpose of giving and with the intent to give said enemy aid and comfort, went to Felixberto
Romulo’s house, placed him under arrest as a guerrilla suspect, and turned him over to the Japanese
Military Police.

4. December 21, 1944, the accused, accompanied by two Japanese Military Police and two undercover
operatives, for the purpose of giving and with the intent to give said enemy aid and comfort, went to
Hermogenes Calauag’s house, and apprehended the latter. He was brought to the Japanese garrison and
was subjected to inhuman torture.

5. March 9, 1944, the accused acting as an informer of the japanese Kempei Tai, with intent to aid said
enemy, willfully, feloniously, and treasonably caused the Japanese Military
police to arrest and apprehend Antonio San Agustin, a guerilla officer.

CRIMES AGAINST NATIONAL SECURITY

ART 114 – TREASON
 CRIMINAL LAW 2
JUDGE RAYMUND JOSEPH SORONGON

6. June 1944, the accused accompanied by an armed group of undercover operatives, for the purpose of
giving and with intent to give said enemy aid and comfort, went to Melecio Labalan, Sr.’s house,
arrested him, and brought him to the Japanese garrison where he was tortured.

7.February 1945, the accused, willfully, unlawfully, feloniously, and treasonably joined the Makapili
organization designed to support the Imperial Japanese Forces in levying war against their enemies.

Counts 5 and 7 were not proven.

ISSUES: Whether Carmelito Victoria is guilty of treason for giving aid and comfort to the Japanese
during the war?

RULING: Yes

RATIO DECIDENDI:

Considering Carmelito Victoria is a Filipino citizen owing allegiance to the United States and the
Commonwealth of the Philippines, in violation of his said duty of allegiance, willfully, unlawfully,
feloniously and treasonably did knowingly adhere to their enemy, the Empire of Japan and the Imperial
Japanese Forces in the Philippines, with which the United States and the Commonwealth of the
Philippines were then at war, giving to said enemy aid and/or comfort

Carmelito Victoria claim that he, too, was a guerrilla, had helped the resistance movement, and in fact,
succeeded in interceding for some Filipino prisoners, does not relieve him from criminal responsibility
for the acts he had committed as alleged in the counts in the information which were declared proven
by the People's Court. Considering that he saved the lives of a thousand and one persons, if he had
caused the killing of a single human being to give aid and comfort to the enemy, he is, nonetheless, a
traitor. It was already said that: "For whosoever shall keep the whole law, and yet offend in one point,
he is guilty of all" (James 2:10).

Being no unanimity of all the members of the Court in the imposition of the death penalty, the People's
Court's decision was modified, and he was sentenced to reclusion perpetua.

CRIMES AGAINST NATIONAL SECURITY

ART 114 – TREASON