[ G.R. No. L-1548. March 29, 1949 ] 83 Phil. 206
[ G.R. No. L-1548. March 29, 1949 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. SEVERO BASCON (ALIAS KID MORO), DEFENDANT AND APPELLANT. D E C I S I O N
MONTEMAYOR, J.:
Severo Bascon alias “Kid Moro” is appealing from a decision of the People’s Court finding him guilty of treason and sentencing him to life imprisonment, to pay a fine of P1,000, and to pay the costs.
Out of the three counts included in the information, evidence was submitted to support only one, namely, Count No. 1 which we reproduce below for purposes of reference:
“1. That during the Japanese occupation, in the City of Cebu, Cebu, Philippines, and within the jurisdiction of this Court, the accused herein with intent to give aid and comfort to the enemy above-mentioned, did then and there willfully, illegally, feloniously and treasonably act as a spy and/or undercover agent for the Japanese Military Police known as Kempei Tai and as such, did arrest, apprehend and identify guerrillas and other persons, engaged in the resistance movement far the Kempei Tai, torturing and maltreating persons thus arrested by him and did furnish valuable military information regarding guerrillas and the USAFFE to the Japanese Imperial Forces;”
By his own admission the appellant Severo Bascon alias “Kid Moro” is a Filipino citizen.
From a careful study of fee evidence on record we find the following facts to have been duly established:
On May 3, 1943, while Inocencia Mabini and Cristobal Cortes, a cousin of her father, were walking along T. Padilla Street, Cebu City, they met a party of two Japanese soldiers and three Filipinos, among the latter being the appellant who was at that time armed with a revolver land one named Turang who forthwith pointed to Cristobal as a guerrilla soldier. As a matter of fact, at the time, Cristobal was a sergeant in the guerrilla forces in the province of Cebu, aid he had gone to the city upon instructions of his superior officers to procure foodstuffs. Bascon immediately arrested. Cristobal and he and Inocencia were taken to Tisa, in Mabolo where they were questioned and searched. The party or group of which the appellant was a member wanted information about the guerrilla activities and also wanted to get a revolver whieh they were informed was kept by Cristobal. The two Japanese and the three Filipinos then took Inocencia and Cristobal to Inocencia’s house in General Loriga Street, Cebu City, where in order to obtain the information needed Cristobal was severely maltreated by the group including Bascon. Cristobal was punched, beaten and strangled until he finally revealed that he had given his revolver to Inocencia to hide for him. In ransacking the house, Bascon found the revolver in the kitchen under the stove where Inocencia had hidden it. These facts were testified to by Inocencia and were corroborated by her younger sister Cristina Mabini who was in the house when her sister and Cristobal arrived accompanied by the group. Cristina further told the court that during the torture of Cristobal the appellant was laughing, and at one time it was he who inserted bullets between the fingers of Cristobal,—a form of torture of common knowledge, sometimes resorted to, by inserting bullets between the fingers and later squeezing the hand to cause intense pain. Afterwards, Inocencia and Cristobal were taken to the Military Police headquarters in the City where they were kept for forty-seven days. The evidence further show that after tills release, Cristobal wast later killed by the Japanese in Binalid, and so was unable to testify during the trial.
The evidence further discloses that about August 4, 1944, a group of five Japanese and six Filipinos among the latter being the appellant Bascon and one Pat. Romales went to the house of Gerardo Ouano located near the seashore in barrio Opao, Mandaue, Cebu. At the time Bascon was armed with a revolver. The group was looking for firearms and guerrilla soldiers. The whole house was ransacked by Pat. Romales and “Kid Moro” and even a locked cabinet was opened and searched after the key to it had been taken from Jovita Ouano, Gerardo’s daughter. The men of the household specially Gerardo and his servant Gonzalo Dacuya were maltreated by beating them with the butt of a, revolver, and as to Dacuya the group even inserted the barrel of the revolver in his mouth apparently, in an endeavor to frighten him. As a result of the search, only a toy gun was found. The group arrived at the house about 10 o’clock in the morning and left only about 2 o’clock in the afternoon. When they left they took with them Gerardo, his son Alfredo Ouano and Gonzalo Dacuya. To these facts Gonzalo Dacuya, a servant and Lazaro Jerosa, a laborer of Gerardo employed by him in his salt beds, testified. Dacuya further told the court that he and his master Gerardo and Alfredo were taken to the San Carlos Building, City of Cebu and there kept for two and a half days. During said period Gerardo and Alfredo remained tied while he (Dacuya) was suspended in mid air and otherwise tortured so much that after his release he was unable to devote himself to work for a period of four (4) months and that even on the day of the tidal which took place more, than two (2) years after his torture, he still felt pains in his back. Dacuya also told the court that Gerardo was already dead and so was unable to testify during the trial.
There is no doubt in the mind of the Court as to the guilt of the appellant of foe crime of treason. By his acts and conduct duly proven during the trial, he, a Filipino owing allegiance to the United States and to the Government of the Philippine Islands adhered to and aided the Government of Japan represented by its invading and occupation forces in the Province of Cebu, by accompanying and helping them in confiscating firearms and obtaining information about the whereabouts, strength, and activities of the guerrilla forces by freely using force, intimidation and torture.
The appellant was a boxer and before the war, had fought in the ring under the name “Kid Moro”. So, he was well-known in the City of Cebu. He was married to a Japanese woman who according to the evidence and by the very admission of the appellant, was employed by the Japanese as an interpreter. This fact, of course, does not and cannot affect the innocence or guilt of Bascon. Neither does it influence this Court in passing upon the merits of the appeal, although, it may perhaps serve as an indication or reason why the appellant had such sympathy for the Japanese to the extent of going against his own people.
The appellant claims that after liberation he was investigated by the C.I.C. (Counter Intelligence Corps of the United States liberation forces) and was cleared by it and given clearance papers. However, he was unable to produce such alleged clearance papers in support of his claim, saying that he had lost them. He further told the court that notwithstanding the clearance given him by the CIC, the guerrillas of Cebu were after him, so much so that for his own safety he preferred to stay and in fact, stayed in prison and under custody. If this is true, it is indicative of the hostile feeling in the community against the appellant for being an all-out pro Japanese, arming himself with a revolver and accompanying and helping the Japanese soldiers in their frequent raids and searches, torturing Filipinos suspected of concealing firearms or possessing information about the guerrillas or actually being connected with them.
In conclusion, we find that the guilt of the appellant has been established beyond reasonable doubt. The decision being in accordance with law and supported by evidence, the same is hereby affirmed with costs against the appellant. So ordered.
Moran, C.J., Paras, Feria, Pablo, Bengzon, and Tuazon, JJ., concur.