People vs Adriano 78 Phil 561

Don Victorio Advincula IV

FACTS:
Adriano was charged with treason for being a Makapili and for bearing arms and assisting the
Japanese Army in its operations in the Gapan-San Leonardo Area from Jan.-Apr. 1945. The
People’s Court established that: Adriano was a Makapili; he performed sentry duties in the
Japanese garrison in Gapan, Nueva Ecija; he carried a rifle in drills led by Japanese commanders;
he surrendered to the Americans with rifle in hand.
ISSUE:
W/N Adriano is guilty of treason
HELD/RATIO:
No. The Philippine law on treason follows the two-witness principle derived from the Anglo-
American law on treason. This test requires the concurrence of two witnesses to an overt act
of treason. In this case, each of the overt acts imputed to Adriano failed the test. Although mere
membership in the Makapili organization is a treasonous act in itself (indicative of adherence and
giving aid and comfort to the enemy), such membership is an overt act which should be proven
by at least two witnesses. In this case, no two witnesses saw Adriano doing the same single act
as a Makapili.