People of the Philippines vs. Pedro Manayao, et. al.

(78 Phil 721)

FACTS:
On January 27, 1945, the guerrillas raided the Japanese in Sitio Pulong Tindahan,
Municipality of Angat, Province of Bulacan. In reprisal, Japanese soldiers and a
number of Filipinos affiliated with the Makapili, among them was the Appellant,
went to Barrio Banaban of the same municipality and ruthlessly killed 60 to 70
residents on January 29, 1945. Appellant Pedro Manayao was a member of the
Makapili (an organization of Filipino traitors). The aim of the organization was to
help Japan in its fight against the American and its allies. The residents that they
killed were alleged to be supporters, wives and relatives of the guerrillas fighting
against the Japanese forces. Appellants counsel contends that Manayao was a
member of the Armed Forces of Japan, was subject to military law, therefore
cannot be tried since he is not subject to the jurisdiction of the Court.
Furthermore, his counsel claimed that Appellant had renounced his Filipino
citizenship after joining the Makapili thus he is not amenable to the Philippine law
of treason. He further contends certain provisions of Commonwealth Act No. 63
which states that a Filipino may lose his citizenship in any of the following
ways/events:
1. By subscribing an oath of allegiance to a foreign country;
2. By accepting a commission in the military, naval or air service of such country;
3. By deserting from the Philippine Army, Navy, or Air Corps.

ISSUE: Whether or not the Appellant is guilty of treason.

HELD:
Yes, the appellant was found guilty of the crime treason.
The Makapili, although organized to render military aid to the Japanese Army of
the Philippines during the war, was not part of the said army. It was an
organization of Filipino traitors. The court held that there is no evidence that
appellant has subscribed to an oath of allegiance to support the constitution or
laws of Japan. The members of the Makapili could have sworn to help Japan in
the war without necessarily swearing to support their constitution and laws.
No person, even when he has renounced or incurred the loss of his nationality,
shall take up arms against his native country, he shall be held guilty of a felony
and treason, if he does not strictly observe this duty. Due to the dissenting
opinion of Justice Perfecto, the courts judgment was modified from the
imposition of death penalty to a penalty of reclusion perpetua.