G.R. No. L-1298 May 31, 1949 home at No. 131 M. H.

home at No. 131 M. H. del Pilar Street in Manila and was able to learn from Lorenzo Sandoval
that the latter was in the resistance movement and was leaving for the mountains on
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, December 10, 1944. Before that date came, however, that is, in the evening of December 8,
vs. 1944, Japanese soldiers, accompanied by the accused, raided the house of the Sandovals. The
PEDRO SANTOS BALINGIT, accused-appellant. accused had his eyes covered with a piece of cloth. After rounding up all the males in the
house, namely, Simplicion Urgel, Alejandro Guiao, Sofronio Parinas, Alfredo Arangel, Mateo
Cruz, Florencio Tolda and Felipe Sandoval, the Japanese proceeded to the their hands, and
Antonio Barredo for appellant. once the hands of Felipe Sandoval had been tied, the accused pointed him out to the Japanese
Office of the First Assistant Solicitor General Roberto A. Gianzon and Solicitor Martiniano P. Vivo for as the father of Lorenzo Sandoval. The Japanese then began asking Felipe where his son
appellee. Lorenzo was, whereupon Felipe's wife, Basilia Carlos, fearing that her husband might be
tortured, entreated him to reveal the whereabouts of their son. Having obtained the desired
REYES, J.: information, the Japanese, in company with accused, took Felipe Sandoval with them and
proceeded to the house of Perpetua Marigondon on A. Flores Street in Manila where the
Sandoval brothers were then hiding. Breaking into the house, they seized Serafin Sandoval
Pedro Santos Balingit was accused of treason on six counts. Count No. 1 was, after trial,
and Lorenzo for his gun and guerilla papers, and as he would not make any admission, he
declared not proved, while counts Nos. 4, 5, and 6 were previously withdrawn for lack of
was tortured. Thereafter, Perpetua Marigondon, her brother, the Sandoval brothers and Felipe
evidence. The remaining two counts (Nos. 2 and 3) read as follows:
Sandoval were loaded on a truck and, together with the men who had been left tied at the
Sandoval home, were taken to the house of Dr. Baldomero Roxas on Cortabitarte Street where
2. That on or December 8, 1944, in the City of Manila, the above named accused, they were confined. They were, however, later released with the exception of Lorenzo
Pedro Santos Balingit, for the purpose of giving and with intent to give aid and/or Sandoval and Serafin Sandoval, who were never seen alive again.
comfort to the enemy, and with abuse of confidence and of his public position, did
then and there wilfully, unlawfully and feloniously point out to the Japanese
The above facts were established by the combined testimony of Basilia Carlos, Corazon Teruel,
Military Police Lorenzo Sandoval and Serafin Sandoval and their father, Felipe
Felipe Sandoval and Perpetua Marigondon and substantially corroborated by the testimony of
Sandoval, Urgel Simplicio, Mateo Cruz, and Alfredo Arangel as guerrillas, as a
the accused himself. The latter admitted having accompanied the Japanese soldiers in making
result of which they were all apprehended and taken by the Japanese Military
the raid and arrest in the above-mentioned houses but denied that he had his eyes covered. He
Police, and since then, Serafin Sandoval and Lorenzo Sandoval have never been
declared that, on the night in question, the Japanese soldiers woke him up in his house and
seen alive again, while Felipe Sandoval tortured and retained for about twelve days;
made him accompany them to the Sandoval home, presumably on the supposition that he
Mateo Cruz tortured and detained for about twelve days; and Alfredo Arangel
knew where the Sandoval were because he was then investigating a shooting incident in
tortured detained for about twelve days.
which Lorenzo Sandoval was implicated.

3. That on or about December 16, 1942, in the City of Manila, for the purpose of
As to count No. 3, the evidence for the prosecution shows that in the afternoon of December
giving and with intent to give aid and/or comfort to the enemy, the above named
16, 1942, the policemen Tomas Lapus, Leoncio Gonzales, Leoncio Crespo, Realino Bartido,
accused, Pedro Santos Balingit, did then and there wilfully, unlawfully and
Luis San Agustin, Eugenio Acosta and Pedro B. Soriano were in the detention cell on the
feloniously, with abuse of his public position, form part of a squad under Inspector
fourth floor of the City Hall, having been previously arrested by the "Radical Unit" for their
Charles Strebel of the Intelligence Unit, Secret Service Division, Metropolitan,
guerilla activities. Going there at about 4 p.m. on that day, the accused ordered them out of
Constabulary, which arrested and apprehended Leoncio Gonzales, Tomas Lapus,
their cells, lined them up and tied them in pairs. While trying the hands of Leocio Gonzales,
Eugenio Acosta, Luis San Agustin, Pedro Soriano, Leoncio Crespo and Realino
the latter begged him to loosen the string, only to receive the reply: "You sons of a b . ., you are
Bartido, all members of the Metropolitan Constabulary, on suspicion of being
guerillas anyway; you deserve to die." Thereafter, they were loaded on a truck and taken to
guerillas, and did bring and accompany them to Fort Santiago where they were
Fort Santiago by the accused, a Japanese named Cato and a police escort. In Fort Santiago they
investigated, maltreated, tortured and detained for a period of about one week.
were tortured and investigated about their guerilla activities but they were released several
days afterward.
The accused is a Filipino citizen. Before the war he was a member of the warrant unit of the
secret service division of the Manila Police Department. Early in 1942 he joined the secret
The above facts were established by the testimony of Leocio Gonzales, Leoncio Crespo,
service division of the Metropolitan Constabulary and was assigned to the intelligence unit
Eugenio Acosta and Pedro B. Soriano. The accused admitted having been the one who tied the
under Charles Strebel and later under Teofilo Alcantara. This unit operated directly under the
hands of the prisoners, but alleged that he had been ordered to do so by Charles Strebel, who
supervision of the Japanese military police and was then also called the "Radical Unit" because
was then present, and that it was also Strebel who uttered the offensive words attributed to
it was charged with the arrest and investigation of guerillas and guerilla activities, but the
him by the witnesses for the prosecution. He also denied having been the one who delivered
Strebel and Alcantara were killed by the guerillas, but the accused continued working with
the prisoners to Fort Santiago.
the "Radical Unit" and was seen not infrequently with agents of the Japanese military police.

Upon the above evidence, the people's Court, with one member dissenting, found the accused
With reference to count No. 2, the evidence for the prosecution shows that the accused was a
guilty of treason and sentenced him to reclusion perpetua with the accessory penalties
cousin of the brothers Lorenzo Sandoval and Serafin Sandoval, a lieutenant and prospective
member, respectively, of the guerilla forces. As a close relative, he frequented the Sandoval

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prescribed by the law and to pay a fine of P10,000.00 and the costs. From this sentence the
accused appealed to this Court.

There is not much dispute as to the facts. The accused admitted having accompanied the
Japanese in the arrest of the Sandoval brothers, who were identified with the resistance
movement, and although he claimed it was not true that he had his eyes covered at the time,
the important fact is that, of his own accord, he informed the Japanese that Felipe Sandoval
was the father of Lorenzo, which information enabled them to get to the hiding place of the
Sandovals. Connecting this with the other facts that, shortly before that incident, he was able,
because of his relationship to Lorenzo sandoval, to obtain the information that the latter was
about to take to the mountains to join the guerrillas, it is hard to believe that the accused had
an innocent part in the timely arrest of the Sandoval brothers. His testimony as to how the
Japanese came to know that he had information about Lorenzo Sandoval is vague and
unconvincing.

The incident in the City Hall where, while tying the hands of the detained policemen, he
insulted them for being guerrillas, is very clearly proven and is an eloquent proof of the
accused's adherence to the enemy.

The argument is made that the accused was, at the most, merely obeying superior orders in
the suppression of guerrillas activities, which in the opinion of his counsel, are outlawed by
the rules of war. But the evidence is clear that he identified himself with the enemy's cause by
acting as a spy and causing the arrest of even his close relatives to prevent them from taking
part in the resistance movement, and while guerrillas warfare may be unlawful from the
standpoint of the conqueror, it cannot be so regarded by those who, by natural right, are
trying to drive him out of their invaded territory.

We find no merit in the appeal. We therefore affirm the judgement below, with costs against
the appellant.