Case Digest (G.R. No. L-477)
Facts:
People of the Philippines v. Apolinar Adriano, G.R. No. L-477, June 30, 1947, the Supreme Court En Banc, Tuason, J., writing for the Court.The appellant, Apolinar Adriano, was charged in an information with treason for, between January and April 1945 during the Japanese occupation, having “willfully, unlawfully, criminally and treasonably adhere[d] to the Military Forces of Japan” by being a member of the Makapili, bearing arms, joining Japanese and Makapili forces in raids and engagements in Nueva Ecija and the mountains of Luzon, and aiding the enemy. The People's Court convicted Adriano and sentenced him to life imprisonment, a P10,000 fine, and costs.
At trial the prosecution's only consistent proof was testimony that Adriano had joined the Makapili; other alleged overt acts (participation in raids, seizure of property, sentry duties, drilling under a Japanese instructor) were supported by testimony that did not show two witnesses to the same specific act. The People's Court nevertheless found, as established under the two‑witness rule (as inferred by the Court below), that Adriano and other Makapilis had their headquarters in the Japanese garrison at Gapan; that Adriano wore Makapili uniform, carried a rifle, drilled with Makapili under a Japanese instructor, performed sentry duties at the garrison, retreated with the enemy to the mountains upon liberation, and later surrendered to the Americans.
On appeal to the Supreme Court En Banc, the Court examined whether the evidence satisfied the constitution...(Subscriber-Only)
Issues:
- Did the prosecution prove an overt act of treason by the required two‑witness testimony (the two‑witness rule)?
- Does mere membership in the Makapili constitute an overt act that imports treasonable intent and, if so, must that membership itself be proved by two witnesses to...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)