Case Digest (G.R. No. 159486-88)
Facts:
In The People of the Philippines vs. Nemesio L. Agpangan, G.R. No. L-778, decided October 10, 1947, the respondent, Nemesio Agpangan, was charged before the People’s Court in Laguna with one count of treason allegedly committed between December 20, 1944, and March 15, 1945. The information alleged that he joined the Ganap and later the Pampars, a pro-Japanese military group, received arms training with a Springfield rifle, and performed weekly guard duty with orders to shoot any escaping Filipino prisoners, guerrillas, or American soldiers. Three prosecution witnesses—Tomas Serrano, Mauricio Adaro, and Delfin Redor—testified to seeing Agpangan on guard duty “many times” at two separate garrisons, confiscating food for Japanese troops, and participating in arrests of suspected guerrillas. The record also shows that Agpangan’s own son, Bienvenido, was executed by the Japanese. Agpangan testified that he accepted Japanese orders under duress after they tortured and killed a guerrilCase Digest (G.R. No. 159486-88)
Facts:
- Charges and Information
- Appellant Nemesio L. Agpangan was charged with treason for acts committed in Siniloan, Laguna, between December 20, 1944, and March 15, 1945.
- The information alleged that he (a) joined Ganap and Pampars (pro-Japanese organizations); (b) was equipped with a 1903 Springfield rifle and underwent ten days of military training; and (c) from January 12 to March 15, 1945, performed armed guard duty with orders to shoot any escaping Filipino prisoners, guerrillas, or American soldiers.
- Prosecution Evidence
- Tomas C. Serrano (guerrilla lieutenant) testified he saw the accused many times on guard duty at the Japanese garrison; that Agpangan confiscated food and helped arrest suspected guerrillas; and that he was present when Japanese soldiers and Makapili prepared to execute prisoners.
- Mauricio Adaro (farmer) testified he repeatedly saw the accused mounting guard in the school-building garrison, supplying food to the Japanese, and that Agpangan’s Makapili companions arrested his son, Custodio Adaro.
- Delfin Redor (town mayor) testified Agpangan served as barrio lieutenant, belonged to Pampar/Makapili, guarded the garrison with arms, raided surrounding areas, and seized food for Japanese forces.
- Defense Evidence and Trial Court Decision
- Agpangan testified he submitted under duress: a guerrilla was tortured and killed in his house, and his own son was later tortured and killed by the Japanese; to save his life he joined guard duty.
- The People’s Court found him guilty beyond reasonable doubt, sentenced him to reclusion perpetua, imposed accessory penalties, a ₱10,000 fine, and costs.
Issues:
- Did the prosecution prove any single overt act of treason by at least two witnesses as required by the two-witness rule (Art. 114, RPC)?
- Did the evidence meet the constitutional presumption of innocence and the standard of proof beyond reasonable doubt?
- If the overt acts were insufficiently proved, did the defense of duress independently warrant acquittal?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)