Case Digest (G.R. No. L-4445)
Facts:
In People vs. Beronilla, G.R. No. L-4445, decided on February 28, 1955, the respondents Manuel Beronilla, Policarpo Paculdo, Filipino Velasco, and Jacinto Adriatico served under the 15th Infantry, Philippine Army, as Military Mayor of La Paz (Beronilla), jury clerk (Paculdo), Aglipayan Church minister (Velasco), and executioner (Adriatico) during guerrilla operations against the Japanese. On April 18, 1945, they carried out the execution of Arsenio Borjal, former puppet mayor of La Paz, after a 19-day trial by a 12-man bolomen jury appointed by Beronilla pursuant to orders from Lt. Col. R. H. Arnold. Borjal had been charged with treason, espionage, and aiding the enemy, convicted, and sentenced to death. Arnold’s headquarters returned the case records on April 18 with a memorandum approving “whatever disposition you make of the case.” That same night, Beronilla ordered the execution. Two years later, the four appellants were indicted for murder in the Court of First Instance ofCase Digest (G.R. No. L-4445)
Facts:
- Background and appointments
- Arsenio Borjal was the elected Mayor of La Paz, Abra, before and during the Japanese occupation, withdrawing to Bangued on March 10, 1943, after an attempt on his life.
- On December 18, 1944, Lt. Col. R.H. Arnold appointed Manuel Beronilla as Military Mayor of La Paz and issued memoranda (Exhs. 9, 12-a) directing the appointment of 12-man bolomen juries to try “puppet” officials for treason, espionage, or aiding the enemy; Borjal was specifically listed.
- Trial of Borjal and execution
- In March 1945, Borjal returned to La Paz and was arrested by Beronilla. Complaints of espionage, aiding the enemy, and abuse of authority were filed, and a jury of 12 bolomen was empaneled, with Policarpo Paculdo as clerk and Filipino Velasco among the ministers of last rites.
- After a 19-day trial ending April 10, 1945, the jury convicted Borjal and imposed the death penalty. Records were sent to Arnold, who on April 18 returned them with approval. That night, Beronilla ordered the execution; Jacinto Adriatico was executioner and Antonio Palope grave digger. Beronilla immediately reported to Arnold and later received a congratulatory radiogram (Exhs. 20, 21, 21-a).
- Post-war prosecution of appellants
- Two years later, Beronilla, Paculdo, Velasco, Adriatico, and others were indicted by the CFI of Abra for murder (conspiracy to execute Borjal). President Roxas’s Executive Proclamation No. 8 granted guerrilla amnesty for resistance-related crimes. Jesus Labuguen obtained amnesty; others were denied by the Second Guerrilla Amnesty Commission.
- Pretrial motions led to the dismissal or discharge of several co-defendants. On July 10, 1950, the CFI acquitted most defendants but convicted Beronilla, Paculdo, Velasco, and Adriatico as co-principals in murder, sentencing them to reclusion temporal to reclusion perpetua, indemnity of ₱4,000, and costs. The court denied amnesty on the ground that Borjal’s execution post-dated Abra’s liberation (held by some to be April 4, 1945).
Issues:
- Transmission of superior orders
- Whether Lt. Col. Volckmann’s radiogram (Exh. H) warning of the illegality of Borjal’s trial was conveyed to Military Mayor Beronilla before the execution.
- Entitlement to amnesty
- Whether the appellants’ act of executing Borjal falls within the period and scope of Executive Proclamation No. 8, given conflicting dates for the liberation of La Paz, Abra.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)