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People vs. Dumapit

The Supreme Court reversed the conviction of Policarpio Dumapit for treason. For count IV, the arrest he was involved in was for a common crime of arson, not treason, as the arrested individuals were held in a provincial jail, not a Japanese garrison. For count VI, the sole prosecution witness provided testimony that exculpated Dumapit. Additionally, Dumapit's background as a corporal in the Manila Harbor Police before the war indicated he did not have treasonous intent. The Court acquitted Dumapit of treason.

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183 views1 page

People vs. Dumapit

The Supreme Court reversed the conviction of Policarpio Dumapit for treason. For count IV, the arrest he was involved in was for a common crime of arson, not treason, as the arrested individuals were held in a provincial jail, not a Japanese garrison. For count VI, the sole prosecution witness provided testimony that exculpated Dumapit. Additionally, Dumapit's background as a corporal in the Manila Harbor Police before the war indicated he did not have treasonous intent. The Court acquitted Dumapit of treason.

Uploaded by

Ian Ronquillo
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

L-743 October 11, 1949

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,


vs.
POLICARPIO DUMAPIT, defendant-appellant.

TOPIC:
 Art. 114 - Treason

FACTS:
 Appeal from a judgment of the People's Court in finding the appellant guilty of treason
and imposing upon him the penalty of reclusion perpetua and a fine of ten thousand
pesos.
 The information charged six counts, but the People's Court based appellant's conviction
only on counts IV and VI.
 Under count IV, the appellant with the aid of a group of Constabulary soldiers performed
an arrest in Zambales of eight guerrillas who were investigated and tortured by the
Constabulary and the Japanese and finally confined in the provincial jail for about three
months.
 Under count VI, the appellant is accused of having issued an order to Andres Atanasio,
Chief of the Non-Christian Tribes of the East Zambales Mountains, and his men to
capture, dead or alive, all Americans roaming in the forests of Zambales, and to report the
result of his mission to Onofre Dienzo, Superintendent of the Non-Christian Tribes of
Zambales.

ISSUE:
 Whether or not Policarpio Dumapit is guilty of the crime of treason? (NO)

RULING:
 As to count IV, aside from the fact that the appellant denied having had any hand in the
arrest of supposed victims in which the accused had participated as alleged and for which
he was charged, the circumstance remains that said arrest was effected as a result of the
common crime of arson. That the matter had no treasonous significance is shown by the
further fact that those arrested were confined for almost the whole period of their
detention in the provincial jail and not in the Japanese garrison.
 In count VI, the lone witness for the prosecution on this score is Andres Atanasio who
had conspicuously supplied what is sufficient to exculpate the appellant.
 The immediate background of the appellant is further refutation of the likelihood that he
had any treasonable intent. The appellant was before the outbreak of the last war a
corporal of the Manila Harbor Police.

The appealed judgment is therefore reversed and the appellant acquitted, with costs de oficio.

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