People Of The Philippines Vs. Gaudencio Roble Tuason, J.; March 2, 1949 G.R. No.

L-433
FACTS: § On March 20, 1944, in Dumagete, Cebu, Gaudencio Robles, as a member of the
Philippines Constabulary lead 10 other pro-Jap constabulary, all of them armed, to arrest
Paulino Osorio for helping guerillas, whom they maltreated and detained in the municipal
jail of Dumagete. § On the same day, the same group arrested Melchor Campomanes and 7
other people and tortured them for supporting and sympathizing with the guerillas. Robles
then shot Campomanes, killing him. § Someday after, Robles again lead other constabulary
officers to arrest Fortunato Linares and others in Dalaguete, Cebu. Robles cut their ears and
tortured them severely that Antolin Rodriguez died as a result. § Then on May 18, 1944,
Robles again lead a group of constabulary officers to Mambaling and other areas in Cebu
City to arrest Eleuterio Padilla for being a guerilla. The group tortured and detained him
before he was killed by Roble on May 26. § Roble was caught and charged with 3 counts of
treason. § He pleaded guilty and was sentenced to death by the First Division of the People's
Court sitting in Tacloban, Leyte. Issues:
§ Whether or not the penalty of death was correct.
Held:
§ No. Decision was modified and sentence was reduced to reclusion perpetua
Ratio:
§ The trial court erred in stating that it was a complex crime of treason with murders. The torture
and murders he committed formed part of treason