Petitioners: US

Respondents: Simeon Magtibay

G.R. No: 1317
text.

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Date:

Facts:
Simeon Magtibay was proven to be a soldier in the Constabulary stationed in Imus,
Cavite under Montalon. When he was captured, only the inspector witnessed the
commission found, making the respondent a 2nd lieutenant. Apparently, Montalon ranged
a rebellion against the government on that same month and that there were
engagements between Montalons troops and the Constabulary.
Issue:
Whether or not respondent may be accused of treason.
Ruling:
No. Firstly, the respondent may have admitted to the open court of his involvement in
the group by force. The confession in open court, upon which a defendant may be
convicted of treason under section 9 of the act of Congress of March 8, 1902, is a
confession of guilt. The section cannot be extended so as to include admission of fact,
from which his guilt may be inferred, made by the defendant in giving his testimony
after a plea of not guilty.
Secondly, there is only one witness. The testimony of one witness to a confession made
by the defendant, to the effect that he had joined the insurrectionary forces, and to the
finding upon his person of a commission making a lieutenant in such forces, is
insufficient to support a conviction for the crime of treason, as such conviction can only
be had upon the testimony of at least 2 witnesses to the same overt act of treason.

Khristine Tiu