Case Summary (G.R. No. 195908)
Key Dates
- December 13, 1944: First Makapili raid on guerrilla supplies
- December 29–30, 1944 and January 2, 1945: Subsequent arrests and disappearances
- Trial and conviction: Court of First Instance of Bulacan, Cases Nos. 742 and 744
- Supreme Court decision: June 9, 1953
Applicable Law and Constitutional Basis
- Constitution in force: 1935 Philippine Constitution
- Penal provision: Treason under Article 114 of the Revised Penal Code, as amended during the Japanese occupation
- Element required: Adherence to the enemy, proven by overt acts and corroborated by at least two witnesses
Factual Background of the First Raid
On the morning of December 13, 1944, guerrilla runner Jose Perez informed Martin de la Merced’s command post of a Makapili incursion in Lawang, Norzagaray. De la Merced and his men fled. Two additional runners alerted Enriqueta de la Merced that Captain Leonardo’s house and then the municipal building had fallen to Makapili forces. Enriqueta observed a group—including Cayetano and Mariano Mangahas—surround her home, ascend to its interior, and seize five sacks of rice, two cans of salted beef, a basket of camote, a basket of tomatoes, a small bag of salt, and half a sack of sardines, salmon, and corned beef. Enriqueta de la Merced and neighbor Engracia de la Cruz testified to these acts.
Subsequent Arrests and Disappearances
On December 30, 1944, five armed Makapilis, among whom were the two appellants, seized Moises Legaspi from his home and detained him at the local garrison. His wife Purita Ramos and son Matias witnessed the arrest; Legaspi has not been seen since.
On December 29 and 30, 1944, similarly, Primo S. Cruz and Artemio Nicolas were apprehended from their residences, conveyed to the San Jose garrison with Japanese troops, and subsequently disappeared. Their respective widows—Maria S. Cruz and Virginia Boluran—testified but did not satisfy the two-witness requirement for treason.
Trial Court Proceedings and Sentence
With defendants’ consent, the Court of First Instance of Bulacan conducted a joint trial. The court found both guilty of treason based on overt acts of adhering to the enemy: raiding guerrilla provisions, participating in arrests of guerrilla members, performing sentry and drilling duties, and bearing arms under the Makapili banner. Each was sentenced to reclusion temporal of 14 years, 8 months, and 1 day, accessory penalties, a P10,000 fine, and costs.
Credibility of Witness Testimony
- Enriqueta de la Merced and Engracia de la Cruz: Unimpeached accounts of the December 13 raid placed the appellants among the raiders.
- Purita Ramos and Matias Legaspi: Identified the Mangahas brothers in the December 30 arrest; Matias, then age eleven, was accepted as a reliable observer.
- Widows Cruz and Boluran: Their single-witness testimonies on the disappearances of Primo S. Cruz and Artemio Nicolas were sufficient to show hostile alignment but insufficient to prove treason.
Sufficiency of Evidence on Each Count
- Counts 2 and 3 (Cayetano Mangahas): Supported by two-witness testimony detailing the raid on de la Merced’s house and the arrest of Moises Legaspi.
- Counts 3 and 4 (Mariano de los Santos Mangahas): Likewise supported by the same two-witness evidence on those overt acts.
- Other acts of seizure and disappearance, although credible, lacked the requisite two-witness corroboration for treason but reinforced the finding of adherence to the enemy.
Defense Claims and Court’s Rejection
The appellants claimed they were arrested by Japanese forces on December 25, 1944, precluding their presence at the December 13 raid. The Court held this self-serving assertion uncorroborated and outweighed by the
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Facts of the Case
- In December 1944, the Japanese‐backed Makapili militia operated in Norzagaray, Bulacan, cooperating with enemy forces against Filipino guerrillas.
- On 13 December 1944, about thirty armed Makapilis raided Lawang, Norzagaray, capturing and displacing guerrilla members.
- The Makapilis, including the appellants Cayetano and Mariano Mangahas, seized foodstuffs intended for guerrillas—five sacks of rice, canned meats, vegetables, salt, and sardines—and brought them to their garrison.
- On 30 December 1944, Cayetano and Mariano Mangahas participated in the arrest of guerrilla member Moises Legaspi and delivered him to the Makapili garrison; he disappeared thereafter.
- Also on 29 and 30 December 1944, the appellants aided in the seizure of property and the arrest of Primo S. Cruz and Artemio Nicolas, both of whom were never seen again after delivery to Makapili and Japanese forces.
Procedural History
- Cases Nos. 742 and 744 of the Court of First Instance of Bulacan charged both appellants with treason, tried jointly with their consent.
- The trial court found them guilty of treason, sentencing each to 14 years, 8 months, and 1 day of reclusion temporal, accessory penalties, a fine of ₱10,000, and costs.
- Appeals were lodged by Cayetano Mangahas and Mariano de los Santos Mangahas to the Supreme Court.
Issues Presented
- Whether the appellants’ acts of raiding, commandeering supplies, and arresting guerrillas constitute “adherence to the enemy” and overt acts of treason under Philippine law.
- Whether the evidence, including witness testimonies a