People v. Beronilla, et al.

Plaintiff-appellee: People of the Phil.

Defedants-appellants: Manuel Beronilla, Filipino Velasco,
Policarpo Paculdo, Jacinto Adriatico
Facts:

Setting: After Japanese occupation

Borjal served as mayor during the Japanese

occupation.

Beronilla, after being appointed as Military Mayor of La

Paz, Abra, received a copy of a memorandum issued by
Lt. Col. Arnold authorizing all military mayors to appoint
a hury of 12 bolomen to try persons accused of treason,
espionage or the aiding of the enemy.

He also received a list of all puppet officials of the

province of Abra (Borjal included) with a memorandum
instructing all Military Mayors to investigate said persons
and gather against them complaints from people of the
municipality.

Beronilla, upon the return of Borjal who left La Paz

because of an attempt on his life, placed Borjal under
custody.

Pursuant to his instructions, complaints were gathered,

a 12-man jury was appointed, prosecutors and a clerk of
the jury were assigned.

Trial lasted for 19 days and the jury found Borjal guilty
on all counts (espionage, aiding the enemy, abuse of
authority). Death penalty was imposed.

Beronilla forwarded the records of the case to the

Headquarters of the 15th Infantry for review.

The records were returned by Lt. Col. Arnold adding

that the matter was best handled by the La Paz
Government and whatever disposition taken was
approved.

Upon receipt of the letter, Beronilla then ordered the

execution of Borjal. The execution was reported to Col.
Arnold and Beronilla received compliments based on the
reply of his superior.

Two years after, those who were involved were

indicted in the CFI of Abra for murder for allegedly
conspiring and confederating in the execution of Borjal.

The defendants were convicted, thus this appeal.

Issue: Are the defendants guilty of murdering Borjal?

Held: No.
Ratio Decidendi:

The records are ample to sustain the claim of the

defense that the arrest, prosecution and trial of Borjal
were done pursuant to express orders of the 15th
Infantry HQ.

The state however contends that there was a

radiogram from Col. Volckmann to Lt. Col. Arnold,
specifically noting the illegality of Borjals conviction and

sentence, which the prosecution claims that Beronilla

was informed about this but still pursued with the
execution.

A witness, a relative of Borjal, asserts that he was

present when Beronilla received the message and was
able to read it over Beronillas shoulder. But basing on his
affidavit, it can be imported that witness was not with
Beronilla the message alleged to have arrived.

Moreover, Beronilla would not have informed Lt. Col.

Arnorld about the execution if he did it after the receipt
of the message since this would be in violation of
superior orders. And more importantly, Arnold
complimented him in his reply.

The Court concludes that Lt. Col. Arnold failed to

transmit the Volckmann message to Beronilla. The
charge of criminal conspiracy to do away with Borjal
must be rejected because the accused had no need to
conspire against a man who was, to their knowledge,
duly sentenced to death.

The accused acted as military subordinates only

following superior orders, thus there is no criminal intent.

Judgement appealed from reversed and the appellants were

acquitted.