G.R. No. L-1992; November 23, 1948
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMERO APOSTOL, defendant-appellant.

FACTS

The accused, Romero Apostol (alias Romy), was charged with treason. The prosecution presented evidence that Apostol, a Filipino citizen, acted as a Japanese spy during the Japanese occupation. Specifically, he participated in the arrest on September 6, 1944, of Antonio Azarraga, a suspected guerrilla supporter, who was taken to the Central Hotel and never seen again. He was also involved in the arrest on October 6, 1944, of Cirilo Custodio, from whom P2,000 was extorted for his release. Multiple witnesses, including relatives of the victims and the victims themselves, identified Apostol by a distinguishing mole and scar under his left eye. Apostol admitted in his affidavit and testimony to working for a leader of Japanese spies and being present during these events, though he claimed his role was merely as a driver.

ISSUE

Whether the accused, Romero Apostol, is guilty of the crime of treason under Article 114 of the Revised Penal Code.

RULING

Yes. The Supreme Court affirmed the judgment of the trial court. The evidence conclusively established that Apostol, as a Filipino citizen, actively participated in arrests and extortion to aid the Japanese enemy, thereby giving aid and comfort to the enemy. These acts constitute the crime of treason. The penalty imposed by the trial court—reclusion perpetua with accessories, a P1,000 fine, and costs—was upheld.

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