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[ GR No. L-766, Aug 29, 1947 ]

PEOPLE v. NESTOR ENDRENEL +

DECISION

79 Phil. 14

[ G.R. No. L-766, August 29, 1947 ]

PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. NESTOR ENDRENEL, ACCUSED AND APPELLANT.

D E C I S I O N

TREASON. All the elements of the crime of treason are palpable Filipino citizenship, treasonable adherence to the enemy with overt acts of aid and comfort established by the two-witness rule. The defense is meagre. It consists mainly in the unsubstantiated denials of the appellant and his protestations of innocence on the ground of duress. However, other than his own statements there is no proof of such duress. On the contrary, the narration of arrests made by Japanese in which appellant participated, clearly shows a voluntariness and deliberation in his conduct that could not have been so naturally produced by force. The other testimonies presented by the defense are based on the lack of knowledge of the witnesses that appellant was a Makapili and that he acted as one. In short, there is no proof of innocence to offset the prosecution's substantial case. Held: Appellant is guilty of treason.

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