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People Vs Butawan Final

Treason is a breach of allegiance to the government. The case involved Troadio Butawan who was charged with treason for serving as a detachment commander under the Japanese forces during their occupation of the Philippines. Specifically, he was accused of killing a guerilla member and detaining and torturing other guerilla members. The court found Butawan guilty of treason, determining that the murder and illegal detention were overt acts of treason, not separate crimes. Overt acts of treason are elements that constitute the crime of treason itself, not complex crimes.

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ermeline tampus
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152 views6 pages

People Vs Butawan Final

Treason is a breach of allegiance to the government. The case involved Troadio Butawan who was charged with treason for serving as a detachment commander under the Japanese forces during their occupation of the Philippines. Specifically, he was accused of killing a guerilla member and detaining and torturing other guerilla members. The court found Butawan guilty of treason, determining that the murder and illegal detention were overt acts of treason, not separate crimes. Overt acts of treason are elements that constitute the crime of treason itself, not complex crimes.

Uploaded by

ermeline tampus
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd

Crimes Against National Security

Article 114 – TREASON

Treason is a breach of allegiance to


a government, committed by a
person who owes allegiance to it.
Reporter: Ermeline J. Tampus – 2.5JD
People vs. Troadio Butawan
G.R. No. L-855 April 28, 1949

“Overt Acts of Treason not a separate


crimes or complexed”
Issue:
Whether or not the overt acts
of treason committed by
Butawan, the murder and illegal
detention of civilians, constituted a
separate crimes or complexed?
Facts:
• Under count 1, Troadio Butawan is charged having
adhered to the enemy and given her aid and comfort
by serving as a detachment commander of the Bureau
of Constabulary under the Japanese Military Forces.

• Under count 5, Butawan is also charged with having


shot and killed Zoilo Calimutan, a member of the
guerilla organization known as the “Bolo Battalion”.

• Under count 6, appellant is accused having


apprehended, maltreated and tortured guerilla
members: Gabriel Lumba, Maximo Buyo and
Apolinario Igpit.
Ruling:
The People’s Court found the appellant Butawan guilty of three counts of
the crime of treason.
The elements of treason per RPC are:
1. That the offender is a Filipino citizen or an alien residing in the Philippines;
2. That there is war in which the Philippines is involved; and
3. That the offender either: levies war against the Government,
or adherence to the enemies, giving them aid or comfort.

There is no dispute that Butawan is a Filipino citizen, served as detachment commander of the Constabulary
during the Japanese occupation, and that his duty was to protect the lives and properties of, and pacify, the
civilians.

Even so, mere membership in said Bureau of Constabulary, without more, did not constitute treason as held in
People vs, Albano, “possibly, under certain circumstances, members of the Police force during the occupation who
merely urged guerilla to keep the peace and to stop their activities did not commit treason, but when it is shown
by positive evidence, that said officers were not contend to render lip service to the enemy in making pleas for
public order, but went further and tortured the guerrillas or guerilla sympathizers, a verdict of guilt must
inevitably be returned.
Ruling:
Clearly in this our present case, Butawan did not merely perform pacification
work but he shot and killed his countryman Zoilo Calimutan, a guerilla member,
apprehended and maltreated other guerrilla members. These overt acts were proved
by the testimony of the witnesses.

Further, adherence to the enemy is to be inferred from the fact that when
said overt acts were committed, he was in company of Japanese soldiers and
constabulary patrols, and also from the fact that the victims were guerillas.

Upon the whole, the Court conclude that Butawan is guilty of treason, not
complexed by murder and illegal detention, since these offenses are elements and
the overt acts of treason.

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