THE PEOPLE OF THE PHILIPPINES

VS.

MANUEL BERONILLA, FILIPINO VELASCO, POLICARPIO PACULDO, and JACINTO ADRIATICO

G.R. No. L-4445 February 28, 1955

Plaintiff-appellee: PEOPLE OF THE PHILIPPINES

Defendants-appellants: MANUEL BERONILLA, FILIPINO VELASCO, POLICARPIO PACULDO, and JACINTO

ADRIATICO

Facts:

 Arsenio Borjal was the mayor (puppet mayor) of La Paz , Abra during the Japanese occupation,
but moved to Buenged due to death treats.
 Manuel Beronilla was appointed as Military Mayor of La Paz by Lt. Col. R. H. Arnold, regimental
commander of the 15th Infantry Philippine Army, on Dec. 18, 1944.
 Beronilla received a memorandum from Lt. Col. R. H. Arnold , authorizing all the military mayor
to appoint a jury of 12 bolomen to try persons accused of treason, espionage, or the aiding and
abetting of the enemy and he also received the list of all puppet provincial officer of Abra
including Borjal, to be investigated.
 In 1944, Borjal returned to La Paz to escape from bombing of bengued, but brought to custody
by Beronilla as per instructions by the commander.
 Beronilla appointed Jesus Labuguen as chairman, and Benjamin Adriatico, Andres Afos, Juanito
Casal, Santiago Casal, Benjamin Abella, Servillano Afos, Mariano Ajel, Felimon Labuguen, Felix
Murphy, Pedro Turqueza, and Delfin Labuguen as a 12 memebers of jury.
 Borjal had a chance to have counsel that named Lino Inovermo and later on Atty. Jovito
Barreras volunteered as a counsel.
 The trial lasted 19 days up to April 10, 1945 and Borjal is guilty of aiding enemies.
 Beronilla forwarded the records of the case to the Headquarters of the 15th Infantry for review
and records were returned by Lt. Col. Arnold to Beronilla on April 18, 1945 with instructions
“This is a matter best handled by your government and whatever disposition you make nemiesof
the case is hereby approved.”
 On the night of the same day, April 18, 1945, Beronilla ordered the execution of Borjal.
 Two years thereafter, Manuel Beronilla as military mayor and other personality ivolved was
charged of murder, for allegedly conspiring and confederating in the execution of Arsenio Borjal.
 Those person who committed acts under revised penal code against the enemy were given an
amnesty by late President Manuel Roxas.
 The other person involved was given an amnesty except to Beronilla, Paculdo, Velasco and
Adriatico.
ISSUE:

Did they intent to murder Arsenio Borjal ?

HELD:

NO,

 The instructions were from the higher command

 Breonilla will obey his commander without questioning even if it is right or wrong
 Borjal was given a counsel as to be fair for him.
 Bronilla reported to Lt. Col. Arnold right after Borjal was executed.
 The lower Court, found out that there is no intention of political or personal for Beronilla to kill
Borjal
 The court confirmed that Lt. Col. Failed to send the Volckmann message to Beronilla.

The defendants were Acquitted

 Amnesty Commissions of Adm. Order No. 11, of October 2, 1946 states that "any reasonable
doubt as to whether a given case falls within the (amnesty) proclamation shall be resolved in
favor of the accused"