83 PHIL 314

People vs. Perez

FACTS: Accused Perez was charged with treason and rape. The accused kidnapped several women in
order to present them to a Japanese Commander to satisfy the latters carnal pleasure against the will of
the women. In some instances, the accused himself raped several women.

HELD/RATIO: The accused was acquitted in relation to the crime of treason; but, he was found guilty in
relation to the crime of rape. The acts of the accused in relation with the Japanese didnt directly and
materially tend to improve the war efforts or to weaken the power of the United States. Moreover, intent of
disloyalty which is essential in the crime of treason is lacking. Nevertheless, the accused can be held
liable for the several counts of rape he committed.

PEOPLE V. PEREZ
FACTS:
-Susano Perez alias Kid Perez was convicted of treason and was sentenced to death by electrocution.
-TC found the accused, together with the other Filipinos, recruited, apprehended and commandeered
numerous girls and women against their will for the purpose of using them, to satisfy the sexual desire
of the Japanese officers.
-The Solicitor General submitted an opposite view stating that the deeds committed by the accused do
not constitute treason. It further discussed that if furnishing women for immoral purposes to the
enemies was treason because womens company kept up their morale, so fraternizing them,
entertaining them at parties, selling them food and drinks, and kindred acts, would be treason . Any
act of hospitality produces the same result.
ISSUE: Whether the acts of the accused constituted the crime of treason.
HELD: NO. The law of treason does not prescribe all kinds of social, business and political intercourse
between the belligerent occupants of the invaded country and its inhabitants. What aid and comfort
constitute treason must depend upon their nature degree and purpose.
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
entertainment helped to make life more pleasant for the enemies and boost their spirit.
Sexual and social relations with the Japanese did not directly and materially tend to improve their war
efforts or to weaken the power of US. Whatever favorable effect the defendants collaboration with
the Japanese might have in their prosecution of the war was trivial, imperceptible, and unintentional.
Intent of disloyalty is a vital ingredient in the crime of treason, which, in the absence of admission,
may be gathered from the nature and circumstance of each particular case.
But the accused may be punished for the rape as principal by direct participation. Without his
coordination in the manner above stated, these rapes could not have been committed.