'

HEADQUARTERS PHILIPPINE.S - RYUKYUS COU1.1AND OFFICE OF Tt 1'' JUDGE ADVOCATE

f..PO 707

UNITED STATES OF Al .ERICA ) )

- vs - ) R8VI fa'I )

Aki ra TAKESEITA )

.-

lJANILn , P . I. DATE : ? Mar ch 1947

:I.:.: AD~ U A. q 'i'l:.~ S PHILIPPIN~S-RYUh.'YU.-3 CO. u 1AIID

OFl!' I CE OF T& CO liWIDING GL!~RaL APO 707

,

1: MAR 1941

In the foregoing case of United States of America vs . Akir a TAKESHITA, ISN 51J- 6633 , for merly a Sergeant in the Imperial Japanese Army , the sentence is approved and will be dul y executed .

Sugamo Prison , Tokyo, Japa~ or at such other pl ace as higher author ity may direct, i s designated as the pl ace of confinement .

GEO . F . 1.00RE 1 ~jor General, U. s . Army Commanding

UNITED

H&ADQuARTERS PJI LIPPINES-RYUKYUS CO; fJ fAlID

OFFICE OF THE JUDGE ADVOCATE APO 707

) Place of Trial : )

STAT~S OF AI1ERICA) )

- vs - ) Arraigned )

AKIRA TAI<ESHITA ) Tried . . ) ) Sentenced

CHARGE

High Commission-er's Residence, nanila, P. I.

4 October 1946

4 October 1946

16 October 1946

"That Akira TAKESHITA , (ISN) 51J- 6633 , then a Sergeant

in the Imperial Japanese Army, on the dates and at the

places hereinafter specified , and whil e a state of war

existed between the United States of .America, its allies

and dependencies, and Japan did violate the laws and customs

of war" (R- 10, 11) .

SPECIFICATIONS

There are eight specifications which charge that the

accused unlawfully mistreat ed , tortured and killed Filipino

civilians in Occidental Negros, Philippine Islands . Sum­

marized , they are as follows : I

1. Charges that accused on about 19 Apr il 1944, at

or near Talisay, unlawfully mistreated , tortured and kil led

Loreto de LUAO, Antonio TENilA , Constantino UIERS , Ricardo

GRANADA and Uldarico GARCIA, a l l Filipino civilians (R- 11) .

2. Charges that accused on about 19 April 1944 , in the

vicinity of Ta lisay , unlawfully mistreated and tortured an

unascertained number of Filipino civilians , including

Evangelista ALGAR!.l.C , Anacl e to ALLIC, Igmidio APOHEN , \'/enceslao

t

BIR ONDO , Bienvenido DUE1~AV.t.1~TURA , Julian BUI!.NAVr.!1fi~URA ,

Jovita CASIP~ , 1felchor C~LIA, Pablo CK'\VAII'l'"BS , JAanuel

CHUA , Conrado CI.AVaC~LIA.3 , Diosdado GARCIA , Romeo JUNCO ,

Ernesto LOCSON , Eleuterio de LUAO , Estanislao ..JAGBRANUA ,

Domingo 1WfA.l.'fQill.. L, Paulino IE.SINA , Loret o LOPE.Z , Leonardo

OCBRA , Pedro PANE LA , Emiliano PEROJA, Nicol as RAFA , Rodolfo

ROBIES , Ii'e l Lc SAPITOL.4. , Rafael TOIEDO , Domingo 1'RIBbLES ,

Serafin VINGSOH and Felipe YAP (R- 11, 12) .

3. As amended - charge s that accused during Febr uary

and i..:arch 1944 , at the bacol od public high school, Bacolod

City , unlawfully mistreated and tortured an unascertained

number of Filipino c i vilians, including Emilio GUNI LIA (R- 12) .

(Also , see R- 103 . )

4 . Char ges t hat accused from about 19 . iarch to about

22 ?larch 1944 , at or near Bacolod City , unlavifully killed

1 unidentified mal e Filipino civilian (R- 12) .

5. Charges that accused in about March 1944, in or

near Bacolod City, unlawfully mistr eated and tortured Fel ipe

LUMACANG , Epifanio AGRAVANTE and one L£LECIO , surname unknown ,

all male Filipino c i vi lians (R- 12) .

6. As amended - charge s that accused in about March ,

April and ilay 1944 , a t or near the Bacolod public high school,

Bacolod Cit y , unlawfully mistreated and tortured an unascer­

t a i ned number of Filipino civilians , includi ng Roberto AMOIERIA,

Roman PIACl!.iITE , Herme lo VI LIAR !TE , iarteniano MEJ ICA , Eulogio

HARAGDAO , one PROCOPIO , surname unknO\m , Ambrosio RUIZ , Jose

UESA, Felix PENh and Alfonso TAN (R- 12 , 13) . (Also , see R- 113

a nd 510 . )

?. As amended - charges that accused in about Idarch,

April and 11ay 1944 , at or near s~n Juan and Rosario Streets,

Dacolod City , unlawfully mistreated and tortured an unascer­

t ained number of Fili pino civilians , including Roman PLACENTE ,

2

I .I

Hermelo VI LLARETE , Harteniano LIEJICA , Eulogio i'JARAGDAO,

one PROCOPIO , surname unknown , Ambrosi o RUIZ, and one

TOL:AS , surname unknown (R-13) . (Also , see R- 113 and 214 . )

8 . Charges that accused on about 20 July 1944 , a t

or near the Bacolod public high school , Bacolod City , unlaw­

fully kill ed about 10 mal e Fi lipino c i vi lians, including

Porfirio GARINA, Jesus GONZAGA and Teof ilo HISONA (R-13) .

PIEA, FINDINGS AND SENTENCE

1. The accused entered a plea of "Not Guilty" (R-16).

2. The Commission, in closed session , with at least

two-thir ds of the member s concurring and with changes not

prejudicial to him, found the accused guilty of the Charge

and Specifications 5, 6, as amended and 7, as amended . He

was found not guilty as to Specifications 1 , 2 , 3, as amend­

ed , 4 and 8 (R- 666) .

3. The Commission, also in closed session and with a t

l east two- thirds of the member s concurring , sentenced the

accused to confinement at hard labor f or twenty-five years

(R- 666) .

FORMAL MATTERS

The Commission and Counsel were appointed and trial

was had pursuant to the following:

1. Letter Or der, AG 000 . 5 (5 Dec 45) LS , General

Headquarters , Supreme Commander for the Allied Powers ,

dated 5 December 1945, subject : "Regulations Governing

the Trials of Accused iiar Crimi nal s " (R- 4) .

2. Letter Order , AG 000 . 5 (8 June 46) LS , General

Headquart ers, Supreme Commander for the Allied Powers, •

dated 8 June 1946 , subject: "Trial of Akira Takeshita"

3

and first indorsement thereto from General Headquarters,

United States Army l<'orces , Pacific, dated 8 June 1946 (R- 5) .

3 . Paragr aph 2 , Special Orders 223 , dated 28 September

1946 , United .::> t a.tes Army Forces \,es tern Pacific, as amended

by Paragraph 2 and 3, ~peci al Orders 227 , same Headquarters,

dated 3 October 1946 , Paragraph 24 , Special Orders 228 , same

Headquarters , dated 4 October 1946 , and Paragraph 12, Special

Orders 231, s~e Headquarters, dated 8 October 1946 , desig­

nating the members of the Commission, the Prosecution and

the Defense Counsel (R- 2 ,3 ,4 and 592 , 593) .

4. letter Or der , President of the Commission , dated

4 October 1946, subject: 11 Swearing Witnesses for the Trial

of Akira Takeshita" (R- 5) .

5. The reporters, interpreters , Commission and Prosecu­

tion were sworn (R- 5, 6) . (It was stipulated between the

Prosecution and Defense that the correct name of one of the

official interpreters was Romualdo TACCAD , rather than Akira

NAKAO, the name given by the Prosecution (R- 10).)

6. A certified copy of the Charge and Specifications

together with a true and complete translation thereof, was

served upon the accused on an unspecified date. Defense

Counsel were furnished a copy of the Charge and Specifica­

tions on 15 September 1946 , and commenced preparation of their

case on that date (n- 7) .

7. "Ri ghts of _ ccused" as se t forth in Paragraph 5 b

of letter., dated 5 December 1945 , General Headquarters ,

.:>upreme Commander for the .Hlied Powers, entitled : "Regulations

Gover ning the Trials of Accused Viar Criminals" were read and

explained, through an interpreter , to the accused (R- 7,8 , 9) .

8 . The accused accepted the regularly appointed Defense

Counsel and WI' . Jack K. BER!CAN (R- 9) .

4

9 . The reading of Charge and ->pecifications were

waived by the accused as he stated through his Counsel

that he understood t hem (R- 9 , 10) . They were read (R- 10-13) .

10 . Lieutenant Colonel John B. UADDEN , President and

Law JJember , Colonel Herman J . CRIGGER , Lieutenant Colonel

Rober t c. GUHL, l~ajor Her man Ji. KIENTSCHY and f,ia j or Sylvester

J . EIFERT sat as members of the Commission and were present

throughout the trial as required by the rules .

PRELI :I NARY STATE1.iEWT BY 'l'lfil REVIE\'1ER

The highest ranking Japanese off icer mentioned in this

case was Col. l.Yas akazu YAMAGUCHI who commanded the 172nd

Japanese Independent Infantry Battalion and who had his

headquarters at Bacolod City, Occidental Negros , during

t he time of the occurrence of events that are herein pre­

sented. The accused Akira TAKESHITA was a sergeant worki ng

under YALfAGUCHI in the Intell i gence Section wi th a Capt

INOUE , a 1st Lt TODA and a 2nd Lt TAKAHASHI, also his

superior officers . The specifica tions serve as an i ntroduc­

tion to the action herein. The evidence and identi f ications

of the accused are very clear and inasmuch as the cross­

examinations and examinations by the Commission add rather

than detract to and from the guilt of the accused and ar e

but r epetition of the evidence as shown by the testimony

brought out by the Prosecution they are not set out fully

in the following review of the evidence.

PROSECUTION BVIDENCe

SPECIFICATIONS 1 , 2, 3 AS AJdENDED , 4 & 8

I n as much as the accused herein was found 11 Not Guilty"

a s to clpecifications 1 , 2, 3 as amended , 4 and 8 , no summari ­

zation of the t estimony, evidence , motions , or objections

r e l ative to same is pr esent ed herein .

5

s~c Il'ICATI ON 5

Felioe LU.J\.CANG, Fil ipino , 28 years of age , resident

of Bacolod City , Occidental Negros , P. I . testified as

follows : During .:arch 1944 , he Via s living in Uurcia . On

20 March 1944, he was arrested by the Japanese , and brought

to the market place for an inspection of passes along with

other people (R- 235) . His pass was inspected by the accused.

(He identified the accused in the courtroom.) (R-236) . After

pass inspect ion he , Epifanio AGRAVANTE , and one HDIECIO had

their hands tied behind their backs , were loaded into a

truck and taken to Bacolod High School Garrison . Incarcerated

there , also , was Roberto A.i!OIERIA (R-237) . On the third

night of imprisonment he was taken to the investigation r oom

of the Domestic Science Building , together with AGRAVANTB

and lEIECIO (R- 238) . He \'las accused of belonging to the

USAFI4'E but he denied it . Then he \'las throvm to the floor

by a Japanese under the direction of the accused (R- 239).

This process was repeated a nwaber of times , until he lost

consciousness (R-240 ,41). \'/hen he regained his senses he

saw AGRAVANTE being beaten on all parts of his body. Vlhen

AGRAVANTE lost consciousness , they commenced beating tlE IECIO

(R- 241) . They were all beaten with a piece of wood (R-241).

Vlhile i1EIEC I O was lying unconscious accused left the room,

returned with a tea- pot , and poured the contents, which ap­

peared to be hot water, into his nostrils (R- 242) . The ac­

cused and an interpreter who was also there , laughed as witness

was being beaten (R- 240) . The following evening the three

were taken to the Boy ' s Dormitory on Rosario Street (R- 243).

\1it ness was taken upstairs where the accused beat , and kicked

him (R- 244) . (He revealed scars on the back part and on the

upper part of both his right and left arms , and al so a broken

6

toot h . ) (R- 246) . He lost consciousness. When he "came to",

he was tied and hanging , hi s feet dangl i ng on the floor .

He could hear the cries of AGRAVANT.b. (R- 248) . \ihen AGRAVAiTTE

was brought downstair s his body was swollen and his head was

bleeding . Wi tness , as a r e sult of being beaten, urinated

blood (R-249) .

Under cross- examination , he testif ied t hat i t was not

the accused who arrested him (R- 251) . He knows Roberto

AMOIERIA and Roman PLACENTE who were imprisoned with him

(R- 252) . The swelling caused by his wounds took 25 days

to subside (R- 254) .

SPEC JF ICATION 6

Roberto AL!OIERIA , Filipino , a r esident of Bacol od Ci ty,

Negros Occidental , testified as follows : He was taken from

his home on Sunday , 19 carch 1944 , by Japanese under the

direction and in t he presence of Sergeant TAKESHITA , . the

accused (R- 22) . He was hit and kicked (R- 21) . (He identi-'

fied the accused in the courtroom. ) (R- 22) . He was then

taken to the Bacolod Hi gh ~chool Garrison , kept ther e with­

out food and water until Tuesday , when he was removed from

the cell and taken to the Home Economics Building . There he

was beaten , kicked and thrown to the floor by the accused

after he denied that he was a guerrilla (R-23) . He was

rendered unconscious and r egained his consciousness on the

following morning (R- 26) . He was released the following

Monday by the accused (R- 27) . Saw the accused and another

soldier beat another Filipino , \')ho , he later learned , died

(R- 24 , 25) .

Recalled by t he Prosecution , later on in the trial , this

witness testified (after he had identified the accused in the

courtroom. R- 216 . ) : The accused struck him with his f ist

7

and kiclced him at the time when he was fir s t arrested (R- 216) .

\ hen he awoke the following morning in the cell at t he High

3chool Garr ison , he saw l''ilipino prisoners , Roman PIACENTE

and Felix P~~~A there (3- 218) . He saw PIACBNTE taken away.

Jhen he was brought back his body bore bruises (R- 219) . He

saw Fel ix PENA taken away and brought back . His body was

swollen (R- 219) .

Roman PLACENTE , Filipino, resident, of Bacolod Cit y ,

Negros Occidental, P. I. , testified as follows : He was taken

from his home at 2300 hours on 17 Harch 1944 , by a Ja panese

named !iAGO . He was taken to the High School Garr ison (R- 50 ,

53). The next mor ning he was taken to the office of Col

YAMAGUCHI , the Battalion Commander . YAlJAGUCHI , one Bata

Sang, an interpr eter, and the accused were present .(R- 54) .

(The witness identified the accused i n the courtr oom. ) CR- 54) .

Viitness was charged with but denied being a member of the

USAF'l<"'E . In this office he was beaten Vii th a piece of wood ,

kicked by the accused "like a football" , then returned t o the

cell (R- 55) . He saw Roberto AJIOIERIA 11 with bruises all over

his body" (R- 59) . He saw many other people beaten and

TAKESHITA a l ways toolc the lead in t his (R- 61) .

Eulogio NARAGDAO , Filipino, 38 years of age , a r esident

of Bacolod City , Negros Occidental, P. I., testified as fol l ows :

He was taken from his home at 2200 hours on 23 March 1944,

by a group of Japanese soldiers led by the accused. (He

identified the accused in the courtroom.) (R- 114). He was

then taken to the High School Garrison where he was beaten

with a piece of wood and thrown to the floor by the accused

after he had denied trading Japanese money for guerrilla money

(R- 115,116) . He became unconscious and upon regaining cons­

ciousness he was again beaten (R- 117) . 'lhile he was at the

garrison he saw Her melo VILl.ARBTh , ~ 1arteniano MEJICA and

8

PROCOPIO (R- 120) . Saw the accused TAKESHITA stri ke PROCOPIO

(R- 124, 125) . then Jarteniano LiLJ ICA wa s returned to his cell

following an investigation, his body wa s swollen (R-126) •

• .EJICA said that he had been mistreated by the accused (R-127) .

The appearance of Hermelo VILLAR..::TE following investigation

was the same (R-127) . (\' i tness exhibited scars that r esulted

from beatings r eceived (R-131) .

Her melo VI LLARETE , Filipino , 27 years of age, resident

of Bacolod City, Occidental Negros , testified as fol lows :

At 0100 hours on 30 March 1944 , he was taken f rom his home

by the Japanese under the personal command of the accused ,

to the High School Garrison . (He identified the accused in

the courtroom) (R-161) . He denied being a member of the

USA.Fr"'E . He was then taken outside of the building and beaten

with a pi ece of wood (R-161). The accused tied him (R- 163)

and t hen beat hi m until he f e ll t o the ground (R- 162) . (He

exhibited scars on his chin about l i nch long) (R-163) . He

was then placed in his cell with 1,1£J ICA and NARAGDAO (R-165) .

Ambrosio RUIZ , Filipi no , 42 years of age , resident of

Dacolod City , Negros Occidental, testified as follows : On

10 April 1944, he was arre sted by the accused at Taiwan Taushio

Kaisha , Ltd ., a t Lacson Stree t , Bacolod (R-509) . (He identi­

fied the accused in t he courtroom) (R- 509) . He was taken to

the High School Garrison and confined for a period of 8 days

without food and with but little water (R- 509) . He saw

Marteniano 1.EJ ICA, Alfonso 1'AN, Casimero VILIARETE , alias

I.Ieloy , Porfirio GARINA (P. Garina), and Jose ?.f.C:SA (prosecu­

tion amended Jose UEJICA, in the specification, to Jose MESA.

R- 510 . ) On the eighth day he was t aken to the investigation

room by the accused , questioned , a nd during questioni ng was

hit on t he head with a piece of wood and rendered unconscious

9

------------------------~---LJ

(R- 511) . He regained consciousness in hi s cell , 3 days

l ater (rt- 512) . He had denied belongi ng to the UdAF'FE (R- 511) .

Affidavit of Al f onso TAif (bee Prosecution Exhibit No. 4) ,

Chinese me stizo , age 38 year s , after having been duly sv10rn,

testified at Bacolod , rTegros Occidental, on 3 January 1945,

as follows: He was arrested a t Hacienda Berabe , Murcia,

Occidental Negros on 18 April 1944, by 13 Japanese soldiers

under the command of Sergeant TOMORA . He was then taken to

Murcia for the night. The next day he was taken to the High

School Garrison in Bacolod. He was investigated by one

TAKAHISTA. During the course of the questioning TAKAHISTA

took his (Tan ' s) head and hit it against the wall . He was

a lso hit on the f ace. TAKA.HISTA t hen ordered eight Japanese

to beat him . He was beaten with clubs , pieces of wood and

fists. He identified a pnotogr aph of one Sergeant Ahira

TAKAHISTA 5~J-6633 , as the man who beat him and who ordered

the other eight Japanese t o beat him. ,~ffiant stated that

his stateme nt had been read to him; that he understood the

same; and , tha t it was true to the bes t of his lmowl edge

and be l ief. (De~ense objected to the receiving of this

affidavit in evidence because the name 11 TAKAHISTA11 did not

designate the accused . Overrul ed . (R- 549. ) (Pros Exh 4-Vol DC.)

SPEC JFICATIOlf 7

Roman PLACENTE , who testified in reference to 3pecifica­

tion 6 , ante , conti nued his t esti mony under the above speci­

fication , as follows : On Saturday night following his appre­

hension, he wa s taken to accused ' s house at Rosario and San

Juan dtr eets , where he v1 as beaten and mistreated (R- 64) .

Accused boxed , slapped , kicked and hit him with a piece of

wood and then thr ew him to the floor until he became unconscious .

10

0

\ihen he r egained consciousness , the process \'las repeated

(R- 65) .

Eulogio UARrl.GDAO , who testified i n reference to Spec i ­

f i cat ion 6, ant e , continued his t estil.1ony under dpecificat ion

7 , as f ollows : He \'Jas taken t o the house of HI !ADO (accused ' s

r esi dence , corner of Rosario and San Juan 3treet s) by accused

t ogether wit h one PROC OPIO. There he was t aken upstairs

where he v1as beaten and thr own to the floor by the accused

(R-130) . (He r evealed his back and elbow to members of t he

Commission disclosing several scars ) (R- 131) . After thirty

mi nute s of i nvestigation , he was brought doVJns t air s and PROCOPIO

was t aken up . Twent y- f ive mi nutes later PROCOPI O was brought

down . His a r m was bl eeding (R- 133) . \fi t nes s was r e turned

to the High School Garr ison and r e l eased t he next morning .

At t ime of release he saw accused strike PROCOPIO in the neck

with his fist (R-134) .

Her melo VILLARETE , who t estified i n reference to Speci­

fication 6, ante , continued hi s testi mony under Specification

7 , as fo l lows : The following evening he was tal<:en to the

house of the accused at Rosar io and San Juan Str eets together

with ilarteniano 1JEJICA. J iEJICA was invest igat ed f i rst . When

he was brought downstairs , \'litness sal'J that his face and body

were swollen and his left ar m, bleeding (R- 168) . Ji tness was

then taken upstairs where accused beat hi m vii th an i r on bar,

on his back (R- 169) . He and 1!EJ ICA were then r et urned t o t he

garr i son . TA:iCSHITA then "dunked" 1 EJ ICA ' s head i nto a water

t rough and stepped on iZ J ICA ' s neclt with his foot (R-170) .

/hen .£JICA wa s r et urned to the cell his left arm was bl eed­

ing , his body was swollen , and his stomach \'las bl oated (R- 173).

Anastacio HAR VILLA , Filipino , 37 years of age , r esi dent

of Dacolod City , Negros Occide nt al , P. I . t estified as fol l ows :

He lived on Rosario Stree t next to the house of ?la t ias HILADO

11.

(residence of the accused) . (He identified the accused

in the courtroom) (R- 190) . He was able to see the room

on the second floor of the accused ' s house when the window

was open (R- 191) . One night in the middle part of ~larch

he observed the accused beat a man of unknovm identity .

During the l ater part of Lfarch he observed the accused

beating one TO:r.JAS , a neighbor . TO~ AS was thrown to t he

floor, kicked , and beaten unconscious with a pi ece of wood

(R-193) . It v1as customary for accused , during this month ,

to conduct investigations of guerrilla suspects between

nine and ten o 'clock in the evening . The beatings were

a part of the investigation (R- 193) . Saw the beating of

one ROUA:'T, a boy who worked in a certain drugstore owned

by TOUAS (R-195) . (ROIJAa , was identified as Roman PLACENTE)

(R- 202) .

Ambrosio RUIZ , who testified as to Specifi cation 6 ,

a nte , continued his testimony under Specification 7, as

follows: Twenty days later he was taken by the accused

to t he house at Rosario and San Juan Streets , \'Jhere he was

beaten with a pi ece of wood (R- 512 , 513) . He Tias then taken

l>ack to the garrison v1here he was ducked into the fish- pond

(R- 514). This t r eatment was stopped when he told them that

he was a guerrilla (R- 518) . About a week later, TAKESHITA

again tortured and mistreated him (R- 519) . After Jose ::.£SA

had been beaten , he was hardly r ecognizable because of swell­

i ngs (R- 523) . lESA told him that TAl<ESHITA had beaten him

(R- 524) .

DEFJi~NSE ~VIDENCE

Hasalcazu YAUA.GUCHI, former Colonel , Imperial Japanese

.Army , testified as follows: He was in command of the 172nd

Independent Infantry Battalion , during the period January

12

1944 to August 1944 , stationed in Occidental 1Tegros, P. I.

His headquarters were in Bacolod City. The accused was an

investigator v1or lcing directly under him (R- 564) . n.t certain

times , however , the accused was attached to the Intelligence

Section under the command of Captain INOUE (R- 565). The

accused wore civilian clothes (R- 569) . \las at the High

School in March 1944 , but does not recall any Filipino

kil led (R- 597) .

Akir a TAKESHITA, Ser geant , Imperial Japanese .t\rmy, is

the accused in this case . Understanding fully his rights,

he voluntarily testified in his own behalf as follov1s (R- 588):

He i s 38 years of age , married (R- 589) end is the f ather of

two boys , age 6 years and 8 years , respectively (R- 590) . He

had 15 years of school , completing same in ?.!arch 1933. He

was inducted into the Japanese army , 10 January 1935, and

served for 2 years . He was discharged with the r ank of

Corpor al (R- 590). On 24 August 1941 , he was r ecalled into

active service . He arrived in the Philippine Islands , on

6 January 1943 , and was assigned to the YAMAGUCHI Battal ion ,

stationed in the city· of Bacolod (R-591). On January 1, 1944,

he was promoted to the r ank of sergeant . In January 1944 , he

was assigned to t}].e Intelligence Section and remained in that

Sec tion for about 8 months (R- 595) . He wore civilian clothes

(R- 595) . He never killed a man during the course of investi­

gations (R- 596) . In order to gain information, prisoners

Vlere beaten, hit with fists, beaten with the legs of broken

chairs and were given the water cure (R- 602). Or ders had

been issued by the YAJIAGUCHI Battalion not to kill during

investigations (R- 604) . He did not conduct :lrwesti gat ions

on his own initiative , but in accor dance with pr evious orders

(R- 607). He received those orders from Second Lieutenant

TAKAHASHI and occasionally from First Lieutenant TODA (R- 608) .

13

The officer of the guar d was responsible f or the prisoners

in the cells of the High School Garrison on July 1944 , and

he did not have authority to direct that officer to turn

over any prisoner to him for investigation (R- 630). He took

prisoners from the High School to his own house at Rosario

and San J~an Streets for investigation during the period

from Jfarch 1944 to Jul y 1944 (R-631) , by the author i t y of

Second Lieutenant TAKAHASHI (R- 631) . The house on Rosar io

and San Juan Streets r1as assigned to him as his off ice and

quarters , together with other soldiers of different units (R- 632) .

OPINimr

1. JURISDICTION and PROCEDURE .

a. The Commission was properly appointed and had

jurisdiction over the offenses charged and the person of

the accused .

b. The accused was advised of and accorded all

rights required by the prescribed regul ations .

c. The f i ndings and sentence were properly returned

with at least two- t hirds of the members concurring .

2 . UOT IONS and RELATED llATTERS.

I lotions made , going to changes in names in several

specifications wer e gr anted without objection by the Defense

and are not enumerated as the summary of the specifications . .

in the beginning of this review shov1 the changes or amend­

ments that r esulted from the motions.

3 . As to RULINGS.

This case Vias not burdened with many objections .

The principal ones are found on the following pages of

the Record: 122 , 126 , .12.a , i.3.l, ..l!a, 596 , 7, 8 and 9, 602

604, 620 and 621. N'one of the rulings on objections were

14

prejudicial to the accused to the extent that the result

could be aff ected. The rulings , generally, as to admit-• tance or rejection of the evidence appear to be free from

error .

4 . AS to EVIDENCE.

The three specifications wherein the accused was

found guilty present a strong unrefuted case as to his

inflicting personal brutality. The only excuse brought

forward was that he was ordered to investigate the victims

in the usual Japanese way . This consisted of the accused

and the men under him unlawfully beating without mercy,

many Filipino civilians , most of whom he accused of being

members of the USA.r~ (United States Armed Forces Far East)

and all of whom were not given trial s to ascertain possible

guilt . The summation that relates these atrocities is

fall'ly short to read and it will not serve any purpose to

repeat at this place .

It is significant that the accused Akira TA.1<ESHITA

toolc the witness stand in this case and voluntar i ly testified

that in order to gain information t hat he sought, prisoners

were beaten and other v1ise tortured . He pointed out that this

was not done on his own initiative but the evidence shows

that his actions were l a r gely gr a tuitous , especially because,

after beating his prisoners when he first arrested them he

l ater took them home and beat and tortured them some more .

The Commission evidently took into consideration

that the obeying of superior orders might be applied in

mitigation for the accused only received a sentence of twenty-

five years .

15

RECOJV:.ENDATIOITS

It is recommended that the sentence be appr oved a nd

the Record of Tr ial be forwarded to General Headquart er s ,

Supr eme Commander for the , l lied Powers , pursuant t o para­

graph 2 , 1st i ndorsement, General Headquar ter s , United

St at e s Army Force s , Paci fic , dat ed 8 June 1946 , to basic

letter, fi l e AG 000 . 5 (8 June 46) LS , Gen~ral Headquarter s ,

Supreme Commander for t he Allied Powers , dated 8 J une 1946 ,

Subject : "Trial of Akira Takeshi ta".

A form of action designed to ef fec t uate the for egoing

r ecommendation is heret o attached .

I CONCUR :

~~·. \1H. D. SHAIN

Ci vi lian Attorney Ass ' t to the Judge Advocate

~~z Ma j or , Cml C

.ctg . Judge ndvocate

16

L

' \ JSA,sIC Ltr, GHQ, SOAP, file 000.5 ( 8 June 46) LS dat ed 8 June 46 , . ea.bj: •Trial of Akira Takeshita."

AG 000.5 ( 8 June 46) LS 1st Ind.

GESEllAL EEADQ.IJARTERS, UUITED STATES .ARMY FORCES, PACIFIC, APO 500, 8 JW\e 1946.

TO: Commanding General, United Sta.tee Army Forces, Western Pacif ic, APO 707.

1. Pursuant to basic communication you are hereby directed. to appoint a Military Commission for the trial of the following naJlled mem­ber of the I mperial Japanese Army:

Akira Takeshita

2. All records of trial includi ng judgment or sentence and the action of the appointing a.o.thori ty will be forwarded to General Headquar­ters, Sllpreme Commander for the Allied Powers. Unless otherwise directed, the execution of any death sentence will be withhel d pending the action of the Sllpreme Commander for t he Allied Power s.

3. The following named officers, assigned to the War Crimes Invee­t igating Detachment, General Headquarters, &lpreme Commander for the Allied Powers, are made available to your command for service as prosecu­tion personnel on the Military Collllliasion to be convened by yoa. for this purpose•

l Incl:

let Lt James H. Rosa, IllF, Chief Prosecutor 2nd. Lt Felix L. Finley, Jr, ~o. Assistant Prosecutor.

By command. of General MacARTHUlh

~ J:W. MANN Lt, Colonel, AGD

Ass t Adjutant Genel"a 1

Ohg as indicated

I

./

_j

~UJ!;u l . 730 Jaa I 0'48AG ·GHQ

L

L

GEREBAL BEADQ.UARTERS SUPR»m COMMANDER FOR THE ALLIED POWERS

AG 000.5 ( 8 Jo.ne 46) LS

so:BJECT: Trial of Akira Takeshita .

TO Commander-in-Chief

APO 500 8 June 1946

United States Army Forces, Pacific, APO 500.

1. It is desired that a Military Commission be appointed for the trial of .Ald.ra Takeshita, member of the Imperial Japanese Army for the alleged offenses i ndicated in the attached Charge.

2 . The trial is to be held in the Oity of Manila , Philippine Ia­lands. The trial shall be conducted in conformity with Begul.ationa Gov­erning the Trials of Accu.sed War Criminals, dated 5 December 1945, Gene­ral Headquarters. So.preme Commander for the Allied Powers.

3. The record of trial including j~ent or sentence and the action of the appointing authorit7 will be forwarded to General Head­quarters, Supreme Co11111ander for tpe Al.lied Powers. Unless otherwise directed, the execution of any death sentence will be withheld pending the action of the Supreme Commander for the Allied Powers.

:By command of General MacARTHUR:

1 Incl: Ohg vs .Ald.ra Tekeshi t a.

cJ j .W. MANN Lt Colonel, ACD

Asst Adjutant Gen el"a

MARBp 1 73(} Inn t O~AG ·Giii

GDJ:ltAT. ~ARTERS &JPR'iME COMMAliTDER J'OR THE ALLIJID PODRS

:Betore the MILITARY COMMISSION conTened by the OOMM.AlIDillG GJl1NERAL, United States A:rmy Forces, Western Pacific

CHARGE

UNITED ST.ADS OF .AMKRIO.A

TB

.Akira T.ADSHITA

!hat .Akira UIESBITA, 51J-6633 , then a Sergeant in the Imperial

Japanese Army, on the dates and at the places hereinafter specified,

and while a state of var existed between the United States of .America,

ita allies and dependencies, and Japan, did Tiolate the lava and c~stoma

Of var.

1

. /

SPECIFIC.il'IONS

1. In that Ak:ira TAKESHITA, a member of the Imperial Japanese Army, d.td, at or near the town of Talieay, Province of Occidental Negros. Phi­lippines, on or about the 19th day of April. 1944, during a time of war between the United States of America, its allies a.nd. de:i:>endencies, and Japan. unlawf'ully mistreat. torture. and kill Loreto de LUAO, Antonio TENILA. Constantino MIERS. Ricardo G'RAHADA. and Uida.rico GARCIA, all Fili­pino civilians, i n violation of the la~1s of war.

2 . In that Akira TAKESHITA, a member of the Imperial Japanese Army. did, at or near the town of Talisay, Province of Occidental Negros , Phi­lippines, on or about the 19th day of April . 1944, during a ti~e of war between the United St~tes of America, its allies and dependencies, and Japan, unlawfully mistreat end torture an una.scertained number of Fili­pino civilians, including, among others, Evangelista ALGARME , Anacleto ALLIO, Igmidio APOBEN, Wenceelao :SIRONDO, :Sienvenido JroENAVENTUBA, Julian BUENAVENTURA, Jovito OASIPLE, Melchor OELU, Pablo CERVANTES, Manuel CHUA, Conrado CLAVAOELLAS, Diosdado GARCIA, Romeo Jtmco, Ernesto LOCSON, Eleu­terio de LUAO, Estanislao l.tAG~nJA, Domingo MAN.AllQ.UEL, Paulino HESDlA, Loreto LOPEZ, Leonardo OOERA, Pedro PANELA, Dniliano PEROJA, Nicolas RAFA. Rodolfo ROBLES. Felix SAPITOLA, Rafael TOLEDO, Domingo TBIBELES, Serafin VINGSOU, and Felipe YAP. in violation of · the laws of war.

3. In that Aldra TAKESHITA, a member of t he Imperial Japanese Army, did, a t t he :Bacolod public hi gh school, :Sacolod City, Province of Occiden­tal Negros. Philippines. during the months of December. 1943, and January, 1944. during a t11ne of war between the United States of America, i ta allies and dependencies, and J apan, unlawfully mistreat and torture an unaecer­tained. number of Filipino civilians, including Emilio GUMILLA, a Filipino civilian. in violation of the laws of war.

4. In that Akira. TAKESHITA. a member of t he Imperial J apanese Army, did, at or near Ba colod City, Province of Occidental Negros. Philippines. during the period from on or abou.t the 19th day of March. 1944, to on or about the 22nd day of March. 1944, during a time of war between the United States of .America, its allies and dependencies, and Japan. unlawfully kill one (1) unidentif ied ma.le Filipino civilian, in violation of the ·. laws of war.

5. In that Akire. TAKESHITA, a member of the Imperial Japanese Army. did , in or near :Bacolod City, Province of Occidental Negros. Philippines, in or about the month of March, 1944, during a time of war between the United Sta.tea of America. its allies and dependencies. and Japan, unlaw­fuUy mistreat and torture Felipe LUMACANG. Epifaniq AGRAVANTE, and one Melecio, surname unknown, all male Filipino civilians, in violation of the laws of war.

6. In that Akira. TAKESHITA, a member of the Imperial Japanese Army. did . at or near t he :Bacolod public high school, :Bacolod City. Occidental Negros, Philippines. in or about the months of March, April, and May. 1944. during a t ime of war between t he United States of America , its allies and dependencies, and Japan, unlawfully mistreat and tort11re 'an unaecertained number of Filipino civilians . i nclud.ine , among others. Roberto AMOLEBIA, Roman PLACEUTE , Hermelo VILLABETE, Marteniano MEJICA. Eul.ogio NARAGDAW. one Procopio. au.mama unknown, .Ambrosio :mJIZ. Jose MFJICA. Felix PENA, and Alfonso TAN, in violation of the l aws of war.

2

.. -. . 7. In t hat Akirb. TAK3SHITA. , e member of the I mperial Japanese Army,

did, e t or near San Juen and Ros~rio streets , Bacolod City, Province of Occident al lfegr os , Phil i p}>ines , i n or about t he mont hs of Me.rch, April , imd ?·lf.\y , 19~4 . during a tim~ of war be tween the United St a tes of America , its allies c.nd dependencies , and Japan , ~nlawfully mistreat and t or ture an unascertni ned number of Filipino civilians , incl uding , a~ong ot hers , Ro:n~"l. PIJ\CE.iTE, Bermelo VILIJ.RETE , ~.nrteninno MEJICA , Eu.logi o UARAGDAW , one Procopi o, sur name unknown , Ambr osio RUIZ, Pedro PARADILLA, and one Tome.a , surname unknown, in vi ola ti on of the l aws of whr .

8 . In t hat Akira TAKESHITA , a membe r of the Impe~ial Japanese Army, did, a t or near the Bacolod public high school , Bacol od City, Province of Occidental Neeros , Philipni nes , on or about the 20th day of Jul y , 1944, during a time of war beh1een t he United States of America., its allies and dependencies , and Japan , unl awfully kill about t en unarmed, noncombatant , mal e Filipino civilians , including, Porfirio GARI NA , Jesu s GO~ZAGA , and Teofilo HISONA , in violat i on of tr.e l aws of Wf r .

Dated: __...{{.___ June 1946 .

~~~ Chief , Leg:;:~~~~ion Gener e.l Head.quarters

Supreoe Commander f or t he Allied Powers

.1:1.FFilli\ VI T

Bef or e me personal ly appeared t he above- named accuser this ~ day of June 1946, a.nd made oath that he is a person subject to military law and that he personall:,· signed the foregoi ng ch£ r ge , and further t hat he has investiga t ed the mat ters set f orth in the churge , and tha t it is true in f c..ct , t o the best of his knowl edge and belief .

3

t .....

GENERAL ~UARTF.RS UNITED STATES ARMY FORCES, TIF.STERN PACIFIC

APO 707

October 1946

Referred for trial to Mr Clark s. Gregory, CS, Prosewtor of th• llilitar7 Comission appointed by paragraph __2,_, Special Orders No. 223 , t his Headquarters, 28 Sept ember 1946.

By ccnund ot Major General CHRISTliNSINs

~ W. P. MOORE Lt Col, AGD Asst Adj Gen

I hereby certify that I have served a copy hereof, toiether with a true and complete translation thereof into Japanese, on the above-named accused this :A:}_day ot Oetoeer 1946.

~lt.t1-rr,,1Se1< ·

4

HEADQUART~RS PHILIPPINES-RYUKYUS COMMAND

Milita ry Commission ) t

Orders No • ••••••• 11 )

APO 707 14 March 1947

Before a Military Commission which convened at the High Com­missioner's Residence, Manila , Philippine Islands on 4 October 1946, pursuant to Letter Order, General Headquarte rs SCAP 1 AG 0~0 . 5 (8 · June 46) LS, dated 8 June 1946, Subjecta "Tr:1.al of Ak1ra Take ­shita111 with indorsement ther eto, General Headquarters AFPAC, 8 June 1~46 : and paragraph 2~ Special Orders 223, Headquarters AFWESPAC, :a3 September 1946, paragraphs 2 and 3, Speci al Orders 227, Headgua rters AFWESPAC, 3 October 1946, par agraph 24, Special Orde r s 228 , Headquarters AFWESPAC, 4 October 1946, and paragraph 12, Special Orders 231, ·Headquarte rs AFWF.SPAC, 8 October 1946 was arraigrted and triedt

Akira TAKESHITA !SN 51J-6633

CHARGE 1 That Akira TAKF:SHITA, 5lJ-6633, then ~ Ser geant in the Imp~r~ol Ja panese Army, on the dates and a t the places herein­after specified , and while a state of war existed between the United States of America , its alli es s nd dependencies, and Japan, did violate the laws and customs of war .

SP~CIFICATION 1: In tha t Akira TAKESHITA , a member of the I mperia l Japanese Army, did, at or near the town of Talisay , Prov­ince of Occidental Negros, Philippines , on or about the 19th day of April, 1944, during a time of war between t he United Sta t es of America, its alli es and dependencies, and J apan, unlawfully mis ­trea t, torture, and kill Loreto de LUAO, Antonio TENILA , Constan­tino MIERS, Ricardo· GRANA DA, and Ulda rico GARCIA , all Filipino civilians, in violation of the laws of wa r .

SPECIFICATION' 2: In that Akira TAKESHITA , a l'Jlember of the Im perial Ja panese Army, did, at or nea r the town of Talisay,. Prov­ince of Occidental Negros, Philippines , on or a bout the 19th day of April, 1944, during a time of war be tween the United States of America , it~ all i es and dependencies, and J a pan, unlawfully mis­trea t and torture an unascertained number of Filipino civilians, including, among others , Evangelista ALGARr~ , Anacleto ALLIC, Igmidio APOHEN , Wenceslao BIRONDO, Bionvenido BUP.NAVrNTURA, Julian DU~NAV!NTUTIA, Jovita CASIPLE, Melchor C~LIA, Pablo CERVkNTES, Manuel CHUA , Conrado CLAVACF.LLAS, Diosdado GARC IA, Romeo JUNCO, F.rnosto LOCSON, Eleuterio de LUAO, Estanislao MA GBANUA, Domingo MANANQUEL, Paulino lif!'.:SINA , Lore to LOPEZ , Leonardo OC~RA , Pedro PANELA , F.mi llano PEROJA , Nicola s RAFA, Rodolfo ROBLF.S , Felix SAPITOLA , Raf ael TOL~DO, Domingo TRISELES, Ser afin VINGSON, and Felipe YAP , in vilation of the laws of war .

SPF.CIFICATION 3: In tha t Akira TAl\8SHITA, a member of the Imperial J apanese Army, did, a t the Bacolod public high school, Bacolod City, Province of Occidental Negr os , Philippines, during the months of December, 1943, and January, 1944 , during a time of war be tween the United Sta t es of America, its allies and dependen- . cies, and Japan 1 unlawfully mistrea t and torture an unascertained number of Filipino civilians, including Emilio GUMILLA, a Filipino civilian, in violation of the l aws of war.

SP~CIFICATION 4: In that Akir a TAKF.SHITA, a member of the Imperial J apanese Army, did , at or near Bacolod City, Province of Occidental Negros, Philippines, during the period from on or a bout the 19th day of March, 1944, to on or a bout the 22nd day of Ma rch, 1944, during a time of war be tween the United States of America, its alli es and dependencies, and Japan, unlawfully kill one (1) unidentified male Filipino civilian, in viola tion of the laws of war.

HEADOUART~RS PHILIPPINES..:RYUKYUS COMMAND

Military Commission ) t

Orders No •••••••• 11 )

APO 707 14 March 1947

Before a Military Commission which convened at the High Com­missioner's Residence, Manila , Phili ppine Islands on 4 October 1946, pursuant to Letter Order1 General Headquarters SCAP 1 AG oeo.5 (8 · J\me 46) LS, dated 8 June 1';146, Subjectt "Tr:tal of Aklra Take­shita" 1 with indorsement thereto, General Headquarters AFPAC, 8 June 1':146; and paragr aph 2. Special Orders 223, Headquarters AFWESPAC, ~8 September 1946, paragraphs 2 and 3, Special Orders 227 , Headguarters AFQl/ESPAC, 3 October 1946, paragraph 24 , Special Orders 228, Headquarters AFV/ESPAC, 4 October 1946, and paragraph 12, Special Orders 231 , Headquarters AFWF.SPAC, 8 October 1946 wa~ arraigrted and triedt

Akira TAKESHITA ISN 5J.J-6633

CHARGEz That Akira TAKF:SHITA, 51J-6633 , then q Sergeant in the Imp~r!al Japanese Army, on the dates and at the places herein­after specified, and while a state of war existed between the United States of America , its allies and dependencies, and Japan, did violate the laws and customs of war.

SP~CIFICATION 1: In that Akira TAKESHITA, a member of the Imperial Japanese Army , did , at or near the town of Talisay, Prov­inco of Occidental Negros , Philippines, on or about the 19th day of Apri l, 1944, during a time of war between the United States of America , its allies and dependencies, and Japan, unlawfully mis ­trea t, torture , and kill Loreto de LUAO, Antonio TENILA, Constan­tino MIERS, Ricardo· GRANADA, and Uldarico GARCIA, all Filipino civilians, in violation of the laws of war .

SPECIFICATION 2: In that Akira TAKESHITA , a member of the Imperi91 Japanese Army, did, at or near the town of Talisay,. Prov­ince of Occidental Negros , Philippines, on or about the 19th day of April, 1944, during a time of war be tween tho United States of America, its allies and dependencies, ::ind J apan, unlawfully mis­trea t and torture an nnascertained number of Filipino civilians, including, among others , Evangelista ALGARr~ , Anacleto ALLIC, Igmidio APOHEN, Wenceslao BIRONDO , Bicnvenido BtmNAV~NTURA, Jutian DU~NAVFNTU~A, Jovito CASIPLE, Melchor CELIA, Pablo CF.RVANTES, Manuel CHUA, Conrado CLAVACRLLAS, Diosdado GARCIA, Romeo JUNCO, Rr nesto LOCSON, Rleuterio de LUAO, Estanislao MAGBANUA, Domingo tfANANQUEL , Paulino ?4'3SINA , Loreto LOPEZ , Leonardo OCERA , Pedro PANELA, F.millano PEROJA , Nicolas RAFA, Rodolfo ROBLES, Felix SAPITOLA , Rafael TOL~DO, Domingo TRISELF,S, Ser afin VINGSON , and Felipe YAP, in vilation of the laws of war .

SPECIFICATION 3i In that Akira TAK":SHITA , a member of the Imperial J apanese Army, did, at the Bacolod public high school, Bacolod City , Province of Occidental Negros , Philippines , during the months of December, 1943, and January, 1944, during a time of war botween the United Sta tes of America , its allies 3nd dependen- . cies, and Japan, unlawfully mistreat and torture an unascertained number of Filipino civilians, including Emilio GUMILLA, a Filipino civilian, in violation of the laws of war.

SPF.CIFICATION 4: In that Akir a TAKF.SHITA, a member of the Imperial Japanese Army, did, at or near Bacolod City, Province of Occidental Negros, Philippines, during the period from on or about the 19th day of March, 1944, to on or about the 22nd da1· of March, 1944, during a time of war between the United States of America , its allies and dependencies, and Japan, unlawfully kill one (1) unidentified male Filipino civilian, in violation of the laws of war.

Of S I)<?cif i cn ti on 7it GtT~LTY, CXC"cpt the word "Naragdow" subs ti tut~.ne th0re for the r:orci 11 i\.f.\r!J.gdno 11 and excepting th0 worcls "Pedro PAR/~DILLA " wi t hou t substi tut1onco 01' tho exce pted wor ds NOT GUILTY; of the subst:i tuted \'lord GUILTY . ·

Of Specificati on 8 ~ lWT GU:!"LTY.

Of t~o Ch:t~·ee : GUILTY .

SENTr NCE

.fNJ.if:;:~·T:Jlt':-;''£ ,\T HI.RD LABOR FOR 'fYlf:NTY··FIVF. Yr.ARS .

The s untance wgs adj udged 16 October 1946 .

~:he so'!'l t encc is -:: pp!'ov cd and will be duly executed . Sugi;imo i':~::. ·.:l.m , T1.:1·!(:) , J-:-par.. , or at such o thor pl'lcc as higher authority ~&y direct~ is n0si gnn ted as the pla ce of confinement .

OFFICI ,\Li

ifG(~~ (J J . J. GETIH.'lRDT •

Colonel, AGD Ad j utant G~n-0ra l

J . G. CHRISTili.NSEN Ih j or Gonornl, USJ~ Daputy Commander and Ch1J f of Steff

DlSTRIBUTION': SaMe as /;.R 310- 50 and ch~ngcs th0r e t o , and

6 - CINCFE 15 - Lega l Sec , SChP

3 - :.cgal Sec, SC1\P (Manila Bronch) 3 - CG , PHILRYCOH 3 - AG, FF.:~RYC0i'1 5 - P~1, PF.ILRYC:lH 6 - Exec . Jff, \".fn r Crimes T::-ials,

PHILRYCOM 2 - co , G~neral Prisoner Br~nch ,

PHILRYCOM Stockade , :'.PO 900 2 - CO-, LUPO\\/ #1

SPECIFICATION 5t · In. that Akira TAK1'.:SHITA, a tnember or·. the Imperial J apanese Army , did, in or nea.r Bacolod City; Provi.nce of Occidental N~gros, Phil:tppine.s , in or' about the month of H~rch, 1944, during a · time c;>f v1ar be t1•1eon the Unitca States of Americ::i, its alli es and dependencies, and J apan , unlawfully mfstrea t and torture Felipe LUM!1.C,\NG, Epifanio AGRAVt.NT!:, and one Jielecio , sur­nam~ unlmov~n, all mAle FiU.pino civilians , in violation of the la\'!S

.. of v!ar .

SPF.CIFIC.\TION 6: In that r~kira T,\KESHITA, a member of · the Imperi~l Japanese Ar~y , did, at or near . the Bacolod pubiic high school, Ba9olod City , Occide ntal Negros, Philippin~.s, in or a oout the months or · March , ,'1.pril ,-ond Moy , 1944, during a time of wa r bc t~oen tho United States of America; it~ allies and dependenci es, and J ap3n , unlawfully mistreat and torture an unoscortairied number of F~lipino civilians, including, among other s , Roberto AHOLERIA, Roman PL.'l.CfNTB, Hermelo VILLARETr: , Martoniano MEJICA, Eulogio NAR:1.GD.'.1ll , one Procop~o, surname unknown, Ambrosio RUIZ, Jose MEJICA, Felix ~N:,, ::md Alfonso Ti~N '· in violation of the l aws of ~1ar .

SP~CIFICATION 7: In that Akira TAf<ESHITA, .a member of the Imparial Japanese ~rmy , did , at or near San Juan and Rosario strocts, Bocolod City, P~ovince of Occidental Ncgros, Philippine s, in or a bout tho months of March , April !lnd lfoy, 1944, during a time of \'mr be tween .tho United Sta t os of ,\mcrica, its allies and depcndcnci.es, and J gpan, unlawfully mistrea t and . torture an un­asoortainod number of Filipino civili~ns, including, among others, Roman PLf•C~'r~, Hermel o VILL ... RBT-C:, t.farteniano Mr.JIG:'. , '.Sulogio N,\R.'.GDAW, one Pr ocopio, surname unknovm, !.mbrosio RUIZ, Podr9 P.\Rt.DILL.''. , and on.::· Tomas , surname · unknown, in violation of the la\'1S of war. ·

SP~CI!i'IC!rTION 8: I n that Akira TJ\1<£SHIT!~ , a member of the Imperial Japanese 1.rmy, did, at or near the Bacolod public high school., Bacolod City, Province of Occidental Negr os , Philippines , on or a bout the· 20th day of July, 1944, during a time of war be­tween the Un~. ted Sta t os of t\mc rica , its allies and dependencies , and Japan, unlawfully k~ll a b0ut t on unarmed, noncombatant, molQ '. Filipino· civilians , including, Porftrio Gt.RINA, J esus GONZAG.'1. , and Teofilo HI SONA , in vi·ol3 t1on of the laws of war .

PLE,\S

To 011· Specifications and the Char ges Not Guilty .

FI NDI NGS

Of Specification 1 : Not Guilty

Of S peclfica ti on 2: No t Guilty

Of Spoctfica tion 3: (t.s amended) - Not Guilty

or Specific!l tion 4: Not Guilty

or Specifics tion 5: · Guilty~ except the· words "unlawfully mis trea t nnd torture Felipe LUJ.1,',C ;\ NG , Epifonio AGRAV'>NT~ , and · one Melecio" substituting thc rcforo the words "unlawfully mistreat and torture · Felipe Lffi,t\c:.NG snd pormi t :nd direct· persons under ·his command to unlawfully mistreat and torture in his pre s ence Epifa­nio AGn.\V ,\NT~ and one Melecio" . Of the exce pted words, NOT GUILTY; of the substituted words , GUILTY .

or Spactfica tion 6: GUILTY except the word "Narogdaw 11 substi­tuting the r efor the word "Naragdaw" a nd oxce pting tho word "Hojica" ond substituting therefor the word · "ilesa", of the exce pte d word.s "NOT GUILTY"; of the substituted words, GUILTY .

Of Specificri tion 7: GlT:!"L'.!:'Y, cxropt the word "Naragdow" subs ti tutine thvre for the Y:or<i " ~r.1 r ~gdno 1 ' and oxcepting th0 wo rrls "Pedro PAR/•DILLA" without su bsti tut ion~ Of tho excepted words NOT GUILTY; of the subs t~ tuted \'lord GUII..'rY •.

Of Specification 8 ~ NOT GU!LTY.

Of t~o Chll~:ee : GUILTY .

SENTl.''.NCE

The s untence w3s adjudged i6 October 1946 .

~.'he so!ltcncc is ~pp!'ovod and will be duly executed . Sug13mo i':~ i·~<.'11 , T'.:•·y:) , .T-:-pan, or at such other pl'lCO as higher authority ITl&Y d:troct ~ 1 s 1t0sigrn1tcd as the place of confinement .

BY C\H1MhND : 'f,J0'.1 '2~N!:R!.L MOORE:

OFFICIAL:

11:~~·. J • J. GERH:i RDT Colonel, AGD Adjutant Gene ral

J. G. Clffi~STI I NSEN Jfa jor G.:ineral, USh D3puty Commander ~nd Chi.Jf of Steff

DlSTRIBUTION: SeJTlC as AR 310- 50 and ch~mgos th0r cto, ond

6 - CINCFE 15 - Legal Sec , SCAP

3 - :.cgal Se c, SC/,P (Uanila Branch) 3 - CG, PHILRYCOJ:l 3 - l.G, FE:'.:.SRYC'.m 5 - p: 1, PF.I1nYc:H1 6 - Exec . Jff, 1·1n r Crimes T:--ials,

PHILRYCOH 2 - co, G~neral Prisoner BrAnch ,

PHILRYCOM Stockade , ,". PO 900 2 - CO, LUPOW #1

L

r

HF.ADOUART~RS PHILIPPINES.:RYUKWS COfAMAND

Military Commission ) I

Orders No •••••••• 11)

I 0)

APO 707 14 March 194 7

Before a Military Commission which convened at the High Com­missioner's Residence, Manila , Philippine Islands on 4 October 1946 , pursuant to Letter Order1 General Headquarters SCAP~ AG 0~0 . 5 (8 June 46) LS, dated 8 June 1';146, Subjectz "Trlal of Ak1ra Take­shita111 with indorsement thereto, General Headquarters AFPAC, 8 June 1';146 ~ 9nd paragraph 2. Special Orders 223, Headquarters AFWESPAC, 2.8 September 1946, paragraphs 2 and 3, Special Orders 227 , Headguarters A~IESPAC, 3 October 1946, paragraph 24 , Special Orders 228 , Headquarters AFWESPAC, 4 October 1946, and paragraph 12, Special Orders 231, Headquarters AFWF.SPAC, 8 October 1946 was arraigned and triedz

~kira TAKESHITA ISN 51.J-6633

CHARGE: That Akira TAKF:SHITA , 51J-6633, then a Sergeant in the Imper~ol Japanese Army , on the dates and at the places herein­after specified , and while a state of war existed between the United States of Ameri ca , its allies and dependencies, and Japan, did violate the laws and customs of war.

SP~CIFICATION 1: In that Akira TAKESHITA , a member of the Imperial Japanese Army , did, at or near the town of Talisay, Prov­ince of Occidental Negros, Philippines, on or about the 19th day of April, 1944, during a time of war between the United States of America , its alli es and dependencies, and Japan, unlawfully mis­treat, torture, and kill Loreto de LUAO, Antonio TENILA, Constan­tino MIERS , Ricardo· GRANADA, and Uldarico GARCIA , all Filipino civilians, in violation of the laws of war .

SPECIFICATION 2t In tha t Akira TAKESHITA , a member of the Imperial J apanese Army, did, at or nea r the town of Talisay,. Prov­ince of Occidental Negros, Philippines, on or about the 19th day of April, 1944 , during a time of war between the United States of America , its allies and dependencies, and Japan, unlawfully mis ­trea t and torture an unascertained number of Filipino civilians, including1 among others, Evangelis·ta ALGAR1~, Anacleto ALLIC, Igmidio · APOHEN, Wenceslao BIRONDO, Bienvenido Btw.NAVrNTURr"i., Julian DU~NAV:NTUM, Jovito CASIPLE, Melchor C~LIA, Pablo CERV/,NTES, Manuel CHUA, Conrado CLAVACF.LLAS, Diosdado GARCIA, Romeo JUNCO, F.rnesto LOCSON, Eleuterio de LUAO, Estanislao MAGBANUA , Domingo MANANQUEL1 Paulino fl£SINA, Loreto LOPEZ, Leonardo OCBRA , Pedro PANELA , Emiliano PEROJA, Nicolas RAFA, Rodolfo ROBLES, Felix SAPITOLA , Rafael TOL~DO, Domingo TRISELF,S , Serafin VINGSON, and Felipe YAP, in vilation of the laws of war.

SPECIFICATION 3t In that Akira TAKP.SHITA , a member of the Imperiai Japanese Army, did, at the Bacolod public high school, Bacolod City, Province of Occidental Negros, Philippines, during the months of December, 1943, and January, 1944, during a time of war between the United States of America, its a l lies and dependen- . cies, and Japan, unlawfully mistreat ond torture an unascertained number bf Filipino civilians, including Emilio GUMILLA, a Filipino civilian , in violati on of the laws of war .

SP~CIFICATION 4: In that Akira TAKF.SHITA, a member of the Imperial Japanese Army, did , at or near Bacolod City, Province of Occidental Negros, Philippines, during the period from on or about the 19th day of March, 1944, t o on or about the 22nd day. of March, 1944 , during a time of war between the United States of America , its allies and dependencies, and J apan , unlawfully kill one (1) unidentified mole Filipino civilian, in violation of the laws of war .

SPECIFICATION 51 . ;rn that Akira TAK~SHITA ' a member o·f · the Imperial Japanese Army, did, fn or n0a r B3colod City, Province . of Occidental Nagros, Philippines , in or about the month of March, 1944, puring a time of war bet1•1Ernn the United States -of America , its · allies and dependencies and Japan, . unlawfully mistrea t and torture Felipe LUMAC.'1.NG, Epifonio AGRJ~VANT!:, and one Melecio , sur­name unkno\•.n, all m~lc FiU.pino civilians, in violation of the la\•1s

.of war . ·

SPF.CIFIC.\TION 61 In that Akira T,\KESHITA, a ·member of the Imperi~l Japanese A~my, ~id, at or nea r.·t~~ Bacolod pµ~lic high school, Baqolod City, Occidental Negros, ·.Philippines, in· or·~ oout the months of Mnrch , April, · 9nd Mny , 1944, d4ring a time of war bc t vmen tho Un'j tod· States of t~mcrica, its allies and dependencies, and Jap3n , unlawfully mistreat and torture an unasccrtained number of Filipino civilians, including, among o·thors, Rober~o A.HOLERIA , Rom~m PL.'l.Cf'NTJ::, Hermelo VILLARETB, Ma.rteniano MEJICA, Eulqg io NJ\R!~GD.\VJ , one Procopio, surname unknown, Ambrosio RUIZ, Jo·se JAF:JICA, Felix FEN:, , :Jnd Alfonso Ti~N, in violation of the laws. of war.

SP~C!fICATION 7t In that .Akira TAKESHITA, a member of. the Impari~il Japanose Army , d:J.p , at or near San Juan and Rosario streets , Bncoioa City, Province of Occidental Nagros, Philippine s, in or about the months of March·, A·pr il and Ms:iy , 1944, during a . time of ·\'Jar between the Urii t cd Sta t c s . of .\mcrica , · its allies and depondencies, and J apan, unlawfully mistreat and torture an un­asccrtaincd number of Filipino .civili~ns, including, among others, Roman PLt.CTNTr:, Hermelo VILL:'.RS'ft::, Marteniano Uf.JIC!\ 7 ~ulogio NAR.'.GDA'.'T , one Procopio, surname unknown, ',mbrosio RUIZ , Pedro P.'.\Rf.DILL!. , and one Tomas , surname· unknO\'in, in violation of the laws of war . ·

SP~CI?ICATION 8: In that /\kira T/\KESHIT.'. , a member of the Imperial Japanese /.rmy, did, at or near the Bacolod public high school, B3colod City, Province of Ocd dental Negr os , Philippines, on or about the QOth day of July, 1944, during a time of wa r be­tween the Un~. ted Sta tcs of America , its alli es and dependencies, and Japan, unlawfully kill about ten unarmed, noncombatant, mule Filipino civilians' including' Porf1.rio Gt.RINA' JG S US GONZAGA' and Toofilo HISONi'., in violation of the laws of war .

PLEAS

To all Specifications and the Cha r gci Not Guilty.

FINDINGS

Of Specification lt Not Guilty

Of Specifica tion 2: Not Guilty

Of Spectfication 3: (:.s amended) - Not Guilty

Of Spocific9tion 4: Not Guilty . . Of Specification ): Guilty, except the words "unlawfully

mistreat and torture Felipe LUf.ti.C,\ NG , Epifanio AGRAV '>NTlS, and one Melecio" substituting th0reforo tho words "unlawfully mis treat and torture Felipe .1uu:.c:.NG · ~md · pcrmi t :nd direct persons under his command to unlawfully. mistreat and torture in his pre sence Epifa­nio AGTI.AV:\NTE and ·one Melecio". Of tho excepted words, NOT GUILTY; of the substituted words, GUILTY.

'or Spccifica tion 6: GUILTY except the word "Naragdaw" subs ti­tu ting the r ef or the word "Naragdaw.11 and exce pting tho word "Uojica" and substituting therefor the · \?ord "Hesa" , of the excepted words "NOT GUILTY" ; of the substituted words , GUILTY .

u u '

I

I ... )

l

Of Spccificn ti on 7~ Gt::;r.~Y, exr e pt the wo1·d 11Naragdow 11

subs ti tut:i.ng th\Jrefor the r.•o rd " t\llrugdno" :md excepting th~ v10rds " Padro PARADILLA" without subs ti tut1one Of th0 exce pted words NOT GUILTY; of the subst~tuted wor d GUILTY .

Of Specification 3 ~ l~OT GU!LTY.

Of tho Chn:i.:ge : GUILTY .

SENTl~l'f~

C0N_!i' :i: r·1.~J 1~'N'r ;., T HI~RD LABOR FOR TVIBNTY ··F!VF. Yr..'1.RS .

The svnt~mce v.1 '1s adjudged 16 October 1946 .

'J:hc scmtenco is '."ppro•tod and will bo du.ly executed . Sug13mo J..•:·~son: T'.:• :~,ro , .T-:pan, or at .such othor place as highe r authority n1&y d:trcct~ is <'\c:sigrmted ns the place of confinement.

OFFICIAL:

11:~: J. J. GERHf~ RDT Colonel, AGD Adjutant General

J. G. CHRISTII.NSEN Ifa jor Goner al , US~ Depu ty Comma nder and Chiof of Staff

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