[G.R. No. L-477. June 30, 1947.

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. APOLINAR ADRIANO, Defendant-Appellant.

CONTENTION OF THE STATE:

Adriano was charged with treason for being a Makapili and for bearing arms and assisting the Japanese
Army in its operations in the Gapan-San Leonardo Area from January- April 1945. The People’s Court
established that: Adriano was a Makapili; he performed sentry duties in the Japanese garrison in Gapan,
Nueva Ecija; he carried a rifle in drills led by Japanese commanders; upon the liberation of Gapan, Nueva
Ecija by the American forces, he and other Makapilis retreated to the mountains with the enemy; he
surrendered to the Americans with rifle in hand.

DEFENSE OF THE ACCUSED:

No two of the prosecution witnesses testified to a single one of the various acts of treason imputed by
them to the appellant. Those who gave evidence that the accused took part in raids and seizure of
personal property, and performed sentry duties and military drills, referred to acts allegedly committed
on different dates without any two witnesses coinciding in any one specific deed. There is only one item
on which the witnesses agree: it is that the defendant was a Makapili and was seen by them in Makapili
uniform carrying arms. Yet, again, on this point it cannot be said that one witness is corroborated by
another if corroboration means that two witnesses have seen the accused doing at least one particular
thing, be it a routine military chore, or just walking or eating.

RULING:

The judgment is reversed and the appellant acquitted with costs charged de oficio.

The Philippine law on treason is of Anglo-American origin. It follows the two-witness test wherein it
requires the concurrence of two witnesses to an overt act of treason. In this case, each of the overt acts
imputed to Adriano failed the test. Although mere membership in the Makapili organization is a
treasonous act in itself (indicative of adherence and giving aid and comfort to the enemy), such
membership is an overt act which should be proven by atleast two witnesses. In this case, no two
witnesses saw Adriano doing the same single act as a Makapili.