Criminal Law II

People vs Adlawan
GR No L-456
29 March 1949
Facts
This is a review of the sentence of death and fine of P20,000.00 imposed upon appellant
Cucufate Adlawan by the Peoples Court wherein Adlawan was charged with treason but
convicted of the complex crime of treason with murder, robbery and rape.
Appellant Adlawan pleaded guilty to a complaint against charged against him. Said
complaint states that during the year 1943 to 1945, Adlawan adhered to the enemy, the Empire
of Japan and its Imperial Japanese forces, with treasonable intent to give aid and comfort to
said enemy by going out on numerous patrol in company with Japanese forces in search of
guerilla and other elements resisting the enemy of the Philippines. In the course of doing so,
Adlawan also committed murder, torture, robbery, and rape.
Ruling
The Peoples Court convicted Adlawan guilty of the complex crime of treason with
murder, robbery and rape. He is sentenced to suffer the penalty of death and fine of
P20,000.00.
Upon review before the Supreme Court Adlawan assails the conviction and the lower
court should have appreciated his mitigating circumstances of voluntary surrender, that he is a
witness utilised by the CIC and that he saved many civilian lives from the Japanese forces. He
further states that the lower court erred in appreciating the aggravating circumstances treachery,
murder, abuse of superiority and unnecessary cruelty.
The Supreme Court modified the decision of the lower court to the extent that the
penalty to be imposed is reclusion perpetua and fine of P20,000.00
Rationale
The Supreme Court said that the aggravating circumstances of treachery and abuse of
superior strength should not have been considered. These are by their nature inherent in the
offense of treason. However, the facts show that in committing treason, appellant augmented
the wrong by being cruel to captured guerilla suspects, subjecting them to torture and death. He
also chose to add ignominy by stripping off the clothes of a guerilla suspects wife and abusing
them with other Filipino girls. These two aggravating circumstances of unnecessary cruelty and
ignominy may be appreciated.
The penalty for the crime of treason is reclusion perpetua to death, and a fine not to
exceed P20,000.
Appellant is given the benefit of voluntary confession of guilty, but appreciating against
him the aggravating circumstances of unnecessary cruelty and ignominy, the penalty should be
imposed in its maximum. However, five members of the court opposed the death penalty.