People vs.

Adriano

Between January and April, 1945, during the occupation of the Philippines by the Japanese
Imperial Forces, in the Province of Nueva Ecija, the above-named accused, Apolinar Adriano, a
Filipino citizen owing allegiance to the United States and the Commonwealth of the Philippines,
giving the said enemy aid and comfort in the manner as a “member of the Makapili, a military
organization established and designed to assist and aid militarily the Japanese Imperial Forces
in the Philippines. 

The prosecution did not introduce any evidence to substantiate any of the facts alleged except
that of defendant's having joined the Makapili organization. What the People's Court found is
that the accused participated with Japanese soldiers in certain raids and in confiscation of
personal property. The acts of the accused had not been established by the testimony of two
witnesses.

Issue:

Is the two-witness rule required in establishing the guilt of the accused in the crime of treason?

Held:

Yes, two-witness rule is required in establishing the guilt of the accused in the crime of treason.

A person may be convicted of treason on any following evidence only; first (1) the testimony of
the two witnesses, at least, to the same overt act or second (2) confession of the accused in the
open court.

In the present 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 at least two witnesses. In this case, no two witnesses
saw Adriano doing the same single act as a Makapili.

Hence, the judgment is reversed and the appellant acquitted