Upon arrival thee the Japanese and Filipino undercover men among them appellant proceeded with their decision to summarily those prisoner who insisted that they did not have any firearm to surrender. Among them were Tereso Sanchez and Antonio de la Cerna. The following morning or rather on Ja number of the person confined in or around the Basak schoolhouse were taken toward the mountain of Toong. chanroblesvirtualawlibrary chanrobles virtual law library
FILEMON SANCHEZ VERIFICATION
Fidencio Delgado was himself tied up but before his time came to be investigated and possibly maltreated by the appellant he happened to mention that his surname was Delgado and upon its verification with his residence certificate said appellant released him from confinement saying that had he known it Fidencio should have been released earlier.
Antonio de la Cerna was also maltreated together with other prisoners by the defendant. Thereafter Jose de la Cerna was taken to the Japanese Military Police headquarters and after a month's confinement he was released. After extreme torture Jose de la Cerna finally admitted he had a firearm in his house after which the appellant accompanied by other undercover men accompanied him to his house and took said firearm. Tereso Sanchez Antonio de la Cerna and Fidencio Delgado saw Jose de la Cerna being suspended in the air and punched and beaten with an iron bar by appellant Filemon Delgado during his investigation. In the morning of that morning of that day Tereso Sanchez a guerrilla soldier and Antonio dela Cerna were arrested in Mambaling and were lodged at the Mambaling chapel They were later transferred to the Basak schoolhouse where they found hundred of men among them Jose de la Cerna and Fidencio Delgado and it was there where they saw the appellant armed with a revolver and other Filipino undercover men working with and helping the Japanese soldiers tying up the hands of those arrested investigation and torturing them in order to obtain information about the guerrillas and about firearms they were suspected of possessing. Many Japanese soldier accompanied by Filipino spies and undercover men among them the appellant Filemon Delgado rounded up a great number of men some through arrests other by invitation and order to go to the Basak schoolhouse for a supposed meeting. As a measure of reprisal on July 29 1944, a mass arrest or concentration of the male inhabitants of Dolho, Talisay, Mambaling and Basak was effected. The pertinent facts of this case may be briefly sated as follows: During the month of July, 1944 in town of Talisay province of Cebu a Japanese Navy truck and a train coach operated by the Japanese troops were ambushed by the resistance and guerrilla forces. chanroblesvirtualawlibrary chanrobles virtual law libraryīecause of the nature of the offense especially the extreme penalty imposed we have carefully and painstakingly examined the evidence in this case from said examination we are convinced of the guilty of the appellant. Office of the Solicitor General Felix Bautista Angelo and Solicitor Lucas Lacson for appellee.īefore the people court the appellants Filemon Delgado was charged with treason under five counts was found guilty under four counts of "the crime of treason complexed with the crime of murder", and sentenced to death penalty by electrocution with all the accessories of the law. THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. Home > ChanRobles Virtual Law Library > Philippine Supreme Court Jurisprudence >
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