People V EduardoPrieto-Filler

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PEOPLE OF THE PHILIPPINES vs. EDUARDO PRIETO G.R. No.

L-
399, January 29, 1948
Tuason, J.;

No person shall be convicted of treason unless on the testimony of two wit-


nesses at least to the same overt act or on confession of the accused in open
court.

Facts:

Eduardo Prieto was prosecuted for treason on 7 counts and was found guilty on
4. He was sentenced to death and to a fine of P20,000. Two witnesses gave evi-
dence, but their statements do not coincide on any single detail.

Juanito Albano testified that in March 1945, Prieto, with other Filipino under-
covers and Japanese soldiers caught an American and had him carry the Ameri-
can to town on a sled pulled by a carabao. On the way, Prieto walked behind the
sled and asked the prisoner if the sled was faster than the airplane. The Ameri-
can was then taken to Kemetai headquarters and after which he did not what
happened to the flier. Valentin Cuison testified that in March 1945, he saw Pri-
eto following an American whose hands were tied and the Prieto struck the flier
with a piece of rope.

Issue:
Whether or not the trial court erred in finding Prieto guilty of treason.

Ruling:
YES

The Revised Penal Code provides that Art. 114. Treason. — Any person who,
owing allegiance to (the United States or) the Government of the Philippine Is-
lands, not being a foreigner, levies war against them or adheres to their enemies,
giving them aid or comfort within the Philippine Islands or elsewhere, shall be
punished by reclusion temporal to death and shall pay a fine not to exceed
P20,000 pesos.

No person shall be convicted of treason unless on the testimony of two wit-


nesses at least to the same overt act or on confession of the accused in open
court.
This evidence does not satisfy the two-witness principle. The two witnesses
failed to corroborate each other not only on the whole overt act but on any part
of it. Furthermore, Under the Philippine treason law defining treason, there must
concur both adherence to the enemy and giving him aid and comfort One with-
out the other does not make treason.

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