005. People v.

Adriano

G.R. No. L-477/30 June 1947/En Banc/Appeal to the SC

People of the Philippines – plaintiff
Apolinario Adriano – defendant
Decision by J. Tuason, Digest by Angelo Zantua

Short Version: Adriano was charged with treason for being an alleged member of the Makapili.

Facts:
(As per the Information) 1945 - During the Japanese occupation, Adriano, a Filipino citizen owing
allegiance to the US and Commonwealth of the Philippines, committed treason, giving aid and comfort to
the enemy. From Jan-Apr 1945, he was allegedly a member of the Makapili, a military organization
established to assist militarily the Japanese forces in the Philippines against the US and Philippines.

No evidence introduced to support this allegation. The allegation that he joined the Japanese in their raids
was not supported by the testimony of 2 witnesses; these were regarded as evidence of adherence to the
enemy. However, under the 2 witness rule, it was established that he was in Makapili uniform, drilled with
the Japanese, was armed with a rifle and later surrendered to the Americans.

Convicted by the People’s Court of treason - life imprisonment and P10,000 fine.

Issue: WON being a mere member of Makapili is an overt act of committing treason. Yes. Is the 2-witness
rule fulfilled by the testimony of 2 or more witnesses who each testified to separate acts (but no 2
witnesses testified to the same act)? No.

HELD: Unless forced againt one’s will, mere membership in the Makapili is evidence of both adherence to
the enemy and giving aid and comfort to the enemy. Adherence, unlike overt acts, need not be proved by
the testimony of 2 witnesses. Criminal intent and knowledge may be gathered from the testimony of 1
witness, the nature of the act itself, or from the circumstances surrounding the act.

Membership in the Makapili, as an overt act, must be proved by 2 witnesses. It is not necessary that
Adriano actually went to battle or committed acts against his fellowmen. Treason is committed if he
placed himself at the enemy’s call to fight with them when the time comes even if such opportunity does
not arise. By being a member of Makapili, because of its very nature, Adriano gave the enemy aid and
comfort. The Japanese derived psychological comfort in the knowledge that they have Filipinos on its side.

The Philippine law on treason is of Anglo-American origin. As per American sources on its meaning and
scope, each of the witnesses must testify to the whole of the overt act; or, if it is separable, there must
be two witnesses to each part of the overt act.

Dissent:
Being a member of the Makapili is one single, continuous, and indivisible overt act of Adriano whereby he
gave aid and comfort to the Japanese. The fact that he was seen on a certain day by one witness as a
Makapili, and seen by another witness but on another as a Makapili does not mean that his membership
on the first day was different or independent from his membership on the other day.
Voting: Moran, C.J., Feria, Pablo, Perfecto, Bengzon, Briones, Hontiveros, and Padilla, JJ., concur. Paras,
J., concurs in the result.