People v. Agpangan, G.R. No.

L-778
Desiree Mae E. Reyes

FACTS:
Agpangan stands accused of treason, committed between December 1944 and
January 1945 in the Province of Laguna when he allegedly joined the Pampar a military
organization which supported the Japanese Army. He was seen doing guard duty in the
Japanese garrison “many times” or more than “ten times” according to two of the three
witnesses, Serrano and Adaro, who testified for the prosecution.
ISSUE:
Whether or not the prosecution meet the test under the two-witness rule to convict
Agpangan of treason?
RULING:
No, the prosecution did not meet the test. To meet the test, two witnesses, at least,
shall have testified as to the perpetration of a single but the same and precise treasonous
overt act. In this case, the first 2 witnesses testified they had seen Agpagan “many times”
but neither mentioned any specific time, day and hour. There is no way to conclude that
they refer to the same overt act. Moreover, the prosecution’s case was further weakened
by the third witness’ testimony that Agpangan did the guard duty in Makapili garrison
which is 1 kilometer away from the Japanese garrison referred to by the first 2 witnesses.