People of the Philippines vs.

Eduardo Prieto, 80 Phil 138

Alexandra Cates Erika B. Suyo

Facts:

Eduardo Prieto was prosecuted in the People's Court for treason on 7 counts.
Being a member of the Japanese Military Police and acting as an undercover man for the
Japanese forces, he guided a patrol of Japanese soldiers and Filipino undercovers to
apprehend Abraham Puno, who was then severely tortured by placing red hot iron on his
shoulders, legs and back, before he was sent back to the Japanese detention camp in
Mandaue. In November, 1944, Pietro helped apprehend guerrilla suspects Damian Alilin
and Santiago Alilin, who were then tortured for six days and bayoneted to death on the
seventh day by the accused. Prieto also participated in the capture of Guillermo Ponce
and Macario Ponce, the torture of Antonio Soco and the killing of Gil Soco for guerrilla
activities.

The lower court believes that the accused is "guilty beyond reasonable doubt of
the crime of treason complexed by murder and physical injuries.”

Issue: Whether or not Eduardo Prieto is liable for treason complexed by murder and
physical injuries?

Ruling: No, Eduardo Prieto is not liable for treason complexed by murder and physical
injuries.

The execution of some of the guerrilla suspects mentioned in these counts and the
infliction of physical injuries on others are not offenses separate from treason. When the
deed is charged as an element of treason it becomes identified with the latter crime and
cannot be the subject of a separate punishment, or used in combination with treason to
increase the penalty as Article 48 of the Revised Penal Code provides. When murder or
physical injuries are charged as overt acts of treason they cannot be regarded separately
under their general denomination. As such, Pietro is guilty only of treason.