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    People V Beronilla

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    Degard
    The defendants were military officials who, on orders from their superiors, arrested the former mayor of La Paz for treason during the Japanese occupation. A jury then tried the mayor, found him guilty, and sentenced him to death. The defendants reported the proceedings and carried out the execution. Two years later, they were indicted for murder. The court found that the defendants acted on lawful orders from their superiors in good faith and could not question those orders. It also found no evidence the defendants acted with malice. The court ruled the defendants' actions were justified due to their obedience to lawful orders from superiors.

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    People V Beronilla

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    Degard
    245 views1 page
    The defendants were military officials who, on orders from their superiors, arrested the former mayor of La Paz for treason during the Japanese occupation. A jury then tried the mayor, found him guilty, and sentenced him to death. The defendants reported the proceedings and carried out the execution. Two years later, they were indicted for murder. The court found that the defendants acted on lawful orders from their superiors in good faith and could not question those orders. It also found no evidence the defendants acted with malice. The court ruled the defendants' actions were justified due to their obedience to lawful orders from superiors.

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    People v Beronilla

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    People v Beronilla

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    The defendants were military officials who, on orders from their superiors, arrested the former mayor of La Paz for treason during the Japanese occupation. A jury then tried the mayor, found him guilty, and sentenced him to death. The defendants reported the proceedings and carried out the execution. Two years later, they were indicted for murder. The court found that the defendants acted on lawful orders from their superiors in good faith and could not question those orders. It also found no evidence the defendants acted with malice. The court ruled the defendants' actions were justified due to their obedience to lawful orders from superiors.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    245 views1 page

    People V Beronilla

    Uploaded by

    Degard
    The defendants were military officials who, on orders from their superiors, arrested the former mayor of La Paz for treason during the Japanese occupation. A jury then tried the mayor, found him guilty, and sentenced him to death. The defendants reported the proceedings and carried out the execution. Two years later, they were indicted for murder. The court found that the defendants acted on lawful orders from their superiors in good faith and could not question those orders. It also found no evidence the defendants acted with malice. The court ruled the defendants' actions were justified due to their obedience to lawful orders from superiors.

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    © All Rights Reserved
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    of 1

    TITLE: THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, NO.

    26

    Vs. MANUEL BERONILLA, FILIPINO VELASCO, POLICARPIO PACULDO, and JACINTO ADRIATICO,
    defendants-appellants.

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

    NATURE OF THE ACTION:

    FACTS:

    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: W/N the defendant-appellants actions are covered by justifying circumstances for obedience to
    lawful order of superior

    Ruling: Yes. The accused acted upon orders of their superior officers, which as military subordinates,
    they could not question and obeyed in good faith without the being aware of its illegality.

    Ratio Decidendi:

    The evidence is sufficient to sustain the claim of the defense that arrest, prosecution and trial of Borjal
    was done in pursuant to express orders of superiors. Additionally, it could not be established that
    Beronilla received the radiogram from Colonel Volckmann, overall area commander, which called
    attention to the illegality of Borjals conviction and sentence. Had Beronilla known the violation, he
    would not have dared to report it to Arnold. The conduct of the accused also does not show malice on
    their part because of the conduct of the trial, defense through counsel given to Borjal, suspension of trial
    based on doubts of illegality and death sentence review sent to the superior officers.

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