People v.

Adriano

GR#477 – Jun 30, 1947

En Banc

Ponente: Tuason, J.

FACTS:

Appeal from decision of the People’s Court sentencing Apolinario Adriano to life imprisonment and a fine of PhP 10,000
plus costs. 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 Jan.-Apr. 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; he surrendered to the Americans with rifle in hand.

ISSUE: W/N Adriano is guilty of treason?

HELD:

NO. The Philippine law on treason follows the two-witness test derived from the Anglo-American law on treason. This test
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 at least
two witnesses. In this case, no two witnesses saw Adriano doing the same single act as a Makapili.

Hilado, J. dissenting:

Membership being a continuous and indivisible act, it is not necessary that two witnesses have ascertained that Adriano
was a Makapili on the same day. The witnesses agree on the fact that Adriano is a Makapili, hence he should be
convicted.