People vs. Adriano 78 Phil. 561 (1947) (Digest)

Two-Witness Rule in Treason

People vs. Adriano 78 Phil. 561 (1947)

Facts:

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:

            Whether or not the two-witness rule is required in establishing the guilt of the accused in the crime of treason

Held:

            Yes.

Ratio:

            The two-witness rule required for conviction for treason is that no person shall be convicted thereof unless on the testimony of two-witnesses to the same overt act.  If the overt act is separate, two (2) witnesses must also testify to each part of overt act for conviction.