People vs.

Alunan (April 1947)

Ponente: Rovira

Facts:

Rafael Alunan served in the Puppet Japanese Government of the Philippines.

Alunan was charged with treason in the Peoples Court (post-war court who try suspected collaborators of the Japanese) accepting and
discharging duties in the Philippine Executive Commission (Puppet Government).
o He accepted positions such as the Minister of Agriculture and Commerce, Member of the Executive Council, member of the
Preparatory Commission on Philippine Independence, Minister of Agriculture and Natural Resources
o He also voted in favor of the declaration of war against the Allied Powers, conferred with the Japanese Emperor, and helped
draft and circulate a Letter of response which promised cooperation with the Japanese.
Alunan Pleaded Not Guilty, and filed a Motion to Dismiss the charges.

Issue: WON the Motion to Dismiss should be granted, or WON Alunan is guilty of Treason.

Ruling: Motion to Dismiss Granted. Alunan is not guilty of Treason.

Ratio:

It is undisputed that Alunan participated in the Puppet Government.

However, mere acceptance of public office and performance of duties under the Puppet Government does not constitute Treason.
o Adherence to the Enemy is not proven in this case, regardless of whether his acts were genuinely giving the enemy aid and
comfort.
In Reyes: The mere acceptance of a public office and the discharge of the functions and duties connected therewith, during the
Japanese Military occupation in the Philippines, do not constitute per se the felony of treason. But admitting that such acts were really
of aid and comfort to the enemy, they cannot be punishable in this particular case, because there is no satisfactory proof of the
adherence of the accused to the cause of the enemy.

Diaz Concurring Opinion:

Three elements of Treason: Allegiance of the Accused, Treasonable Adherence to the enemy, and Commission of an overt act giving or
at least tending to give aid and comfort to the enemy.
In order for Overt acts to be treasonous, it must be tainted with the evil intent to adhere to the enemy and betray his country.
Witnesses Faustino Sychangco, Vicente Formoso, Hilarion Silayan and Lamberto Javalera testified that:
o Alunan took part in deliberations and accepted positions in the Government.
o Certain documents presented by the prosecution are authentic.
o Alunan expressed himself unreservedly in favor of the Allied cause.
In order for intent to be inferred from his overt acts, there should be no proof that may negate adherence. If there is, the overt act
must look elsewhere to make the act treasonous.
In this case, despite the presence of an overt act showing Alunan providing aid and comfort to the enemy, there is testimony that
negates adherence. Therefore, adherence cannot be inferred from the overt acts testified.