I #179

Criminal Law Review II (Crimes Against National Security and the Law of Nations)
CRIMES AGAINST NATIONAL SECURITY; TREASON
People of the Philippines vs. Manayao
G.R. no. L-322 (July 28, 1947)
Hilado, J.
the Makapili, although organized to render military aid to the Japanese Army in the Philippines during the war, Any
member was not a part of said army. It was an organization of Filipino traitors, pure and simple.

FACTS: Pedro Manayao was a member of the Makapili (a group of Filipino traitors aiding the Japanese cause). Manayao conspired together with
his Japanese comrade soldiers to inflict terror upon the barrio of Banaban in Bulacan where they killed 60 to 70 residents. The residents they
killed were alleged to be supporters, wives and relatives of guerillas fighting the Japanese forces. Manayao was positively identified by credible
witnesses and he was later convicted with the high crime of treason with multiple murder. He was sentenced to death and to pay the damages.
Manayao’s counsel argued that his client cannot be tried with treason because Manayao has already lost his Filipino citizenship due to his
swearing of allegiance to support the Japanese cause and enlistment to the Japanese Armed Forces. Hence, Manayao cannot be tried under
Philippine courts for any war crimes for only Japanese courts can do so.

ISSUE/s: WON MANAYAO IS GUILTY OF TREASON?

HELD: YES. Manayao’s swearing of allegiance to Japan was not proven as a fact nor is it proven that he joined the Japanese Naval, Army or Air
Corps. What he joined is the Makapili, a group of Filipino traitors pure and simple. The Supreme Court also emphasized that in times of war each
citizen is boud by his duty towards his country, Article 2 sec. 2 of the Constitution states:
The defense of the state is a prime duty of the government, in the fulfillment of this duty all citizens may be required to render personal, military
or civil service.
No one can effectively cast off his duty to defend the state by merely swearing allegiance to an enemy country, leaving and joining the opposite
force, or by deserting the Philippine Armed Forces. Or even if Manayao did lose his citizenship it is also indicated that no such person shall take
up arms against his native country; he shall be held guilty of a felony and treason, if he does not strictly observe this duty.

As a last ditch effort, he contended that as a member of the Makapili appellant had to obey his Japanese masters under pain of severe penalty,
and that therefore his acts should be considered as committed under the impulse of an irresistible force or uncontrollable fear of an equal or
greater injury, is no less repulsive. Appellant voluntarily joined the Makapili with full knowledge of its avowed purpose of rendering military aid
to Japan. He knew the consequences to be expected.

Final Ruling: Affirmed the judgement but reduced the sentence to Reclusion Perpetua due to the dissent of Justice Perfecto to the imposition
of the death penalty.
- Jpb

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