People v. Escleto, G.R. No.

L-1006, 28 June 1949

ESTABILLO, Stephanie E.

FACTS:
Filemon Escleto was charged with three counts of treason. On the third count, he
arrested Antonio Conducto and turned him over to the Japanese military authorities. Two
witnesses, Sinforosa Montero and Patricia Araya, testified that Escleto took down all their
names. Further, Montero testified that Escleto said, “Nothing will happen to you because I am
going to accompany you in going to town”. However, Araya testified that she heard Escleto tell
the PC, “This is Antonio Conducto who has a firearm”.
.

ISSUE:
Whether or not Escleto is guilty of the third count of treason
RULING:
No, Escleto cannot be charged guilty of the third count of treason. The two-witness
provision requires that each of the witnesses must testify to the whole overt act; or if it is
separable, there must be two witnesses to each part of the overt act. The failure to corroborate
Montero and Araya’s testimony makes it ineffective and unavailing as proof of an overt act of
treason.