PEOPLE OF THE PHILIPPINES VS. ELEUTERIO ICARO; G.R. NO. L-2956; MAY 23, 1951

 G.R. NO. L-2956                                                                                                            MAY 23, 1951

PEOPLE OF THE PHILIPPINES

VS

ELEUTERIO ICARO

FACTS:

        During the latter part of 1944, and early 1945, while the United States of America, the Philippines, and the Allied Nations were at war with the Japanese Empire, Defendant Eleuterio Icaro, a Filipino Citizen, owing faith and allegiance to both America and the Commonwealth of the Philippines, openly adhered to the enemy, and gave it aid and comfort. Armed with a rifle, and in company with other Filipinos and Japanese soldiers, also armed, and in company with other Filipinos and Japanese soldiers, also armed, he took part in raids against guerilla suspects, and in their arrest.

    The Court of First Instance of Laguna, found him guilty of treason. He denies that he was a Makapili.

ISSUE:

        Can the Appellant be held guilty of treason

RULING:

        Yes. The point becomes unnecessary, since adherence to the enemy may be inferred from the overt acts of treason committed by the appellant, consisting in the arrest of persons suspected of being guerrillas who, with the exception of one Emilio Biscocho, were never seen again, especially because the appellant was armed and in company with armed Japanese soldiers and other Filipinos.