Excerpts from the Bill of Particulars vs Tomoyuki Yamashita Pertaining to Batangas
Tomoyuki Yamashita, commander of all Japanese forces in the Philippines in 1945, surrendered to United States forces in 1945 and was placed under immediate arrest as a war criminal. He would be found guilty by a Military Commission in Manila. While his lawyers appealed the decision all the way to the United States Supreme Court on the grounds that he was unaware of the atrocities being committed by the forces under his command, the appeal was nonetheless rejected and he was hanged on 23 February 19461.
From the bill of particulars filed against Yamashita are details of war crimes committed by Japanese forces in the Philippines, including the Province of Batangas. A bill of particulars “is a written document in which a party has to explain the allegations in his/her complaint, or petition, in more detail2.”
The bill of particulars against Yamashita was a lengthy document3 containing a total of sixty-three charges filed by the prosecutor, Major Robert M. Kerr. For purposes of relevance to this web site, included in this article are excerpts only of charges about crimes committed in Batangas.
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| Gen. Tomoyuki Yamashita and his Chief of Staff Gen. Akira Muto with American personnel after their surrender to U.S. Forces in Kiangan, Northern Luzon. Image credit: U.S. National Archives. |
1. During the period from 9 October 1944 to 1 May 1945, undertaking and putting into execution a deliberate plan and purpose to massacre and exterminate a large part of the civilian population of Batangas Province, and to devastate and destroy public, private and religious property therein, as a result of which more than 25,000 men, women and children, all unarmed noncombatant civilians, were brutally mistreated and killed, without cause or trial, and entire settlements were devastated and destroyed wantonly and without military necessity.
8. During the month of November 1944, in the Town of Lipa, Batangas Province, brutally mistreating, torturing, and killing, without cause or trial, eleven (11) members of the Armed Forces of the United States of America, then held captive as prisoners of war by [the] Armed Forces of Japan.
42. On about 28 February 1945, at the Town of Bauan, Batangas Province, brutally mistreating and subsequently massacring and killing without cause or trial, Enrique Martinez, Maximo Brual, and more than 400 other persons, including men, women and children, all unarmed noncombatant civilians; brutally mistreating, wounding and attempting to kill Dr. Francisco Manigbas, Gemeniano M. Brual, and more than 100 other persons, all unarmed noncombatant civilians; and pillaging, unnecessarily and wantonly devastating and destroying public, religious and private property.
43. During the period from 16 February 1945 to 18 February 1945, both dates inclusive, at the Town of Taal, Batangas Province, brutally mistreating, massacring and killing, without cause or trial, Benjamin Moreno, an infant 1 year of age, Andres Briones, Alberto Martel, Pablo Marasigan, Dalmacio Luna, Concordia Barrion, Alicia Barrion, together with more than 2000 other men, women and children, all unarmed noncombatant civilians; in the Barrios of San Nicolas and Sinturisan, pillaging and unnecessarily, deliberately and wantonly devastating, burning and destroying all houses and other buildings.
44. On or about 19 February 1945, in the Town of Cuenca, Batangas Province, brutally mistreating, massacring and killing Jose M. Laguo, Esteban Magsombol, Jose Lumbo, Felisa Apuntar, Elfidio Lunar, Victoriona Remo, and 978 other persons, all unarmed noncombatant civilians; pillaging and unnecessarily, deliberately and wantonly devastating, burning and destroying large areas of that town.
45. On about 20 February 1945, in the Town of San Jose, Batangas Province, brutally mistreating, massacring and killing, without cause or trial, Vinancia Remo, Vincente Frank, Jose Talog, Roman Umali, and more than 500 other persons, all unarmed noncombatant civilians; pillaging and unnecessarily, deliberately and wantonly devastating, burning and destroying large areas of that town.
46. On about 19 February 1945, at the Town of Mataasnakahoy, Batangas Province, brutally mistreating, massacring and killing approximately 200 men, women and children, the names of whom are not yet determined, all being unarmed noncombatant civilians; pillaging and unnecessarily, deliberately and wantonly devastating, burning and destroying large areas of that town.
47. During the period from 16 February 1945 to 19 March 1945, both dates inclusive, at the Town of Santo Tomas, Batangas Province, brutally mistreating, massacring and killing Paz Austria, Adelaida Castro, Caladia Cabrera, Rodolfo Talad, and more than 1500 other men, women and children, all unarmed noncombatant civilians; pillaging and unnecessarily, deliberately and wantonly burning, damaging and destroying all public buildings and public homes.
49. During the period from 16 February to 19 March 1945, both dates inclusive, in the Town of Lipa, Batangas Province, brutally mistreating, wounding and killing, without cause or trial, Ricardo Caringal, Francisco La Torre, Pedro La Torre, Severo Lubrica, Santiago Linatok, and more than 12,000 other men, women and children, all unarmed noncombatant civilians; and pillaging, deliberately and wantonly and without military necessity devastating, burning, damaging and destroying public and private buildings and property, including property devoted to religious purposes.
54. On about 10 February 1945, in the Town of Tanauan, Batangas Province, brutally mistreating and killing, without cause or trial, 500 unarmed noncombatant civilians, and deliberately and wantonly and without military necessity devastating and destroying public and private property.
57. On about 13 March 1945, in the Town of Rosario, Batangas Province, massacring and killing, without cause or trial, of Lorenzo Masilungan, Sakeo Tolentino, Marcela Tolentino, Ilias Garcia, Saturnina Barcelos, and more than 45 other persons, including men, women and children, all unarmed noncombatant civilians; and pillaging and unnecessarily and wantonly devastating and destroying public, religious and private property.
2 “What is a bill of particulars?,” online at WomensLaw.org.
3 “Bill of Particulars, United States of America vs Tomoyuki Yamashita,” by Major Robert M. Kerr, dated 8 October 1945.