PEOPLE vs.

BASCON

FACTS
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.

By his own admission the appellant Severino Bascon alias Kid Moro is a Filipino citizen.

He was married to a Japanese woman who according to the evidence and by the very admission of the appellants. Was employed by
the Japanese as an interpreter.

The accused 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 person engaged in the resistance movement for the Kempei Tai torturing and maltreating
person thus arrested by him and did furnish valuable military information regarding guerrillas and the USAFFE to the Japanese Imperial
Forces.

The appellant claims that after liberation he was investigated by the CIC (Counter Intelligence Corps of the United State liberation
Forces) and was cleared by it and given clearance paper. However he was unable to produce such alleged clearance papers in support
of his claim saying that he had lost them.

ISSUE

Whether the trial court is correct in sentencing him to suffer life imprisonment for treason.

RULING

Yes, there is no doubt in the mind of the Court as to the guilt of the appellants of the crime of treason. By his acts and conduct duty
proven during the trial he a Filipino owing allegiance to the United State a and to the Government of the Philippines 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.

PEOPLE vs. 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 women’s 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.

RULING

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 defendant’s 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.

The defendant personally assaulted and abused two of the offended girls but these assaults are not charged against him and should be
ruled out. The crime of coercion alleged and founded on count No. 6. need not be noticed in view of the severity of the penalty for the
other crimes which he must suffer.
The Supreme Court find the accused guilty of four separate crimes of rape and sentence him for each of them to an indeterminate
penalty of from 10 year of prision mayor to 17 year and 4 months of reclusion temporal, with the accessories of law, to indemnify each
of the offended women in the sum of P3,000, and to pay the costs; it being understood that the total duration of these penalties shall
not exceed forty years.