THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. FLORENTINO CANIBAS, DEFENDANT AND APPELLANT.

Charged with treason on two counts,
appellant Florentino Canibas was found guilty, in a unanimous decision, by the
3rd Branch of the People’s Court, and sentenced to life imprisonment and a fine
of P10,000.00, with costs

On count 1, the court found that the accused, a
native of Tarlac, arrived in Batangas from Lopez of the now province of Quezon,
in November, 1944. Soon after that, a Makapili unit was organized in Lipa by the
accused together with one Nicolas Gonzales and others. Gonzales became the
titular head of the organization and defendant, its secretary. The accused, as
member of the Makapili, wore Japanese uniform and white arm band, was armed with
a revolver, mounted guard and did sentry duty, accompanied Japanese soldiers in
raids against supposed guerrillas, confiscated foodstuff, and forced male
citizens to work for the Japanese army.

In support of count 2, the court
found that on February 11, 1945, a group of Makapilis, among whom was the
accused, accompanied by Japanese troops, raided barrio Marajuy, municipality of
Lipa, province of Batangas, apprehended almost the entire population of the
barrio, about 300 in all, including children and adults, men and women, and
marched them to a citrus experimental station. In that place, the accused and
others tied the victims by two’s, after which the Japanese slaughtered the
prisoners with bayonets, with the exception of a few who were able to escape,
one of them being Juan Navarro, who testified at the trial. In the killings,
children were tossed up in the air and caught with the points of bayonets as
they fell. Besides those who succeeded in escaping, five young girls were
spared; they were selected for their good look by the accused and his fellow
Makapilis, and taken to Nicolas Gonzales’ house in a barrio in Sto. Tomas,
Batangas, where they were kept as “servants” for Gonzales and the Japanese. One
of those “girls was Lutgarda Tolentino, scarcely 15 years of age at the time of
the massacre, also a witness for the prosecution.

The first count has not
been established by the oaths of at least two witnesses. There are no two direct
witnesses to any of the component parts that made up the whole overt act of
appellant’s membership in the Makapili. (People vs. Adriano, 44 Off.
Gaz., 4300.)^[1] But the testimony on this
branch of the case is sufficient proof of adherence to the enemy. Adherence,
unlike overt acts, need not be proved by two witnesses. Clear intent and
knowledge may be gathered from the testimony of one of the witnesses, or from
the nature of the act itself, or from the circumstances surrounding the act.
(Cramer vs. U. S., 65 S. Ct. 980; People vs. Adriano,
supra.)

The second count has been established in the manner
required by the law of treason. There is no proof by two witnesses of the
seizure at their homes of the inhabitants of barrio Marajuy by the Japanese and
the accused, but there were three eye-witnesses to the fact that the accused was
present at the mass killings, taking active part therein in collaboration with
the Japanese, by personally tying the hands of some of the victims and directing
the same operation with regard to others.

The accused, corroborated by
Gonzales and another witness, put up an alibi, saying in, answer to various
questions that he knew nothing of the charges and of the testimony of the
Dvernment witnesses against him. He said he fled to the mountains when the
Americans were coming. The People’s Court believed the testimony of the
prosecution’ witnesses and we do not think it committed any error in so
doing.

The judgment of conviction and the penalty imposed are in
accordance with law and are hereby affirmed, with costs of this instance against
the appellant.

Moran, C. J., Ozaeta, Paras, Pablo, Bengzon, Padilla
Montemayor, Reyes, and Torres, JJ., concur.

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^[1] 78 Phil., 561.