Peoples vs. Perez, 83 Phil 314 (1949) Digest

2

Treason

Peoples vs. Perez, 83 Phil 314 (1949)

Facts:

            Susano Perez was convicted of 5 counts of Treason and sentenced to death by electrocution.  The accused, recruited, apprehended and commandeered numerous girls and women against their will for the purpose of using them, to satisfy the immoral purpose and sexual desire of Colonel Mini (Officer of Japanese Force in the Philippines).

Issue:

            Whether or not Susano Perez is guilty of the felony of treason

Held:

            No.

           

Ratio:

            "Commandeering" of women to satisfy the lust of Japanese officers or men or to enliven the entertainments held in their honor was not treason even though the women and the entertainments helped to make life more pleasant for the enemies and boost their spirit; he was not guilty any more than the women themselves would have been if they voluntarily and willingly had surrendered their bodies or organized the entertainments.