Second Testimony of Corazon A. Burgos on Japanese Atrocities Committed in Tanauan, Batangas in 1945

a witness for the Prosecution, being first duly sworn, testified as follows through Interpreters Rodas, Javier, and Campomanes:

Q Your name is Corazon A. Burgos, is that correct?
A Yes.
Q Where do you live, Miss Burgos?
A Tanauan, Batangas.
Q Do you prefer to speak in Tagalog and through the Interpreter?
A Yes.
Q How old are you?
A Eighteen years.
Q How long have you lived in Tanauan?
A Eighteen years; I was born in Tanauan.
Q What is your occupation?
A I am a student in Tanauan High School.
Q Where were you on February 10 of 1945?
A I was in Tanauan.
Q Did you see any Japanese in Tanauan on that date?
A Yes, sir.
Q When was the first time that you saw Japanese on February 10, 1945?
A When some Japanese went up our house, I recognized the Japanese.
Q How many Japanese came to your house?
A Eleven.

Q About what time was that?
A Six o’clock in the morning.
Q What members of your family were present in the house at that time?
A My mother and my unmarried sister.
Q What was your mother’s name?
A Anunciacion Almeda.
Q Her last name was, of course, Burgos, is that correct?
A Almeda is her second name — her middle name.
Q Is her full name Anunciacion A. Burgos?
A Yes, sir.

Q Did the Japanese come into your house?
A Yes, sir.
Q How many of them came into the house?
A All of them.
Q What did they do when they got into the house?
A After they went to my house, they searched the rooms for other people, and then they came upon my sister who was sick and they kicked her — this Japanese.

OFFICIAL INTERPRETER: This witness is pointing to one of the Japanese in the courtroom.

CAPTAIN GREER: I beg your pardon?

A (Continuing) — by this Japanese.

OFFICIAL INTERPRETER: She is indicating one of the Japanese inside the courtroom.

CAPTAIN GREER: I didn’t see any indication made there, Colonel.

COLONEL WORTMAN: Did you point out anyone in this courtroom in connection with your last statement?

A Yes, sir.

LIEUTENANT PHARR: She did, sir.

COLONEL WORTMAN: To whom did the witness point in connection with the last question?

A (Pointing) That Japanese.

COLONEL WORTMAN: Let the record show that the witness pointed to a Japanese in the Commission room. Will the prosecution take the necessary steps to definitely establish the Japanese to whom she pointed?

Q Will the witness rise and come with me to the table where the accused are sitting?

(The witness left the witness stand and approached the accuseds’ table.)

Q Where you are standing now, will you point to the Japanese whom you testified had kicked your sister?
A That guy (pointing).

LIEUTENANT PHARR: Let the record show the witness pointed to Mikio Taneichi.

(The witness then resumed the witness stand.)

Q What was the next thing that happened in your house that morning?
A After they kicked my sister, they brought my mother and my sister down.
Q Then what did they do?
A They were brought to the yard of the house next to ours and I don’t know what they did to my sister and mother.
Q Did you ever see your sister and mother again after that time?
A After I cam from an evacuation center, I saw their bones and skeletons.
Q How was it that you recognized their remains?
A I recognized them from the dresses that they wore that day.
Q After your mother and sister were taken from the house, did all of the Japanese leave at that time?
A That Japanese was left in the house (pointing).
Q Are you referring the Japanese to whom you pointed a moment ago?
A Yes, sir.

LIEUTENANT PHARR: Let the record show that the

witness is referring to Mikio Taneichi.
Q Was he the only Japanese who remained in the house?
A Yes, sir.
Q Was there anyone else in the house other than yourself and this Japanese that you pointed to?
A Nobody.
Q What was the next thing that happened?
A When the Japanese was left alone with me in the house — at this time I am sort of embarrassed and sorry to tell what happened — but this Japanese raped me.
Q What was the first thing he did after you two were alone in the house together?
A After we were left alone, he asked me whether I was single or not and I told him that I was married and when I answered him in that way, he slapped me.
Q Was he speaking Tagalog or English?
A He spoke to me in broken Tagalog.
Q What was the next thing he did?
A The next thing was he got a bench and then he asked me — he forced me to lie on it. When I refused, he drew his sword at pointed it on my stomach, and he said if I didn’t consent, he was going to kill me.
Q What did you do?
A I could not do anything because he was very much stronger than myself and he did what he wanted with me.
Q Did he remove your clothing?
A Yes, sir.
Q Did he have an act of sexual intercourse with you?
A Yes, sir.

Q Was that against your consent?
A It was not with my consent.
Q Is the person to whom you pointed an officer or an enlisted man?
A He was an officer.
Q How do you know?
A Because he had a long sword and also he had a blue star for an insignia.
Q How long were you in his presence that morning?
A I cannot tell you because my thoughts were so troubled that day that I did not know what was happening to me.
Q Did he leave the house first or did you leave first?
A I was the first one.
Q Did he permit you to leave or did you run away from him?
A I ran from the house.
Q Where did you go after you left your home?
A I went to the dugout of our neighbor and I hid there.
Q How long did you remain in the dugout?
A Maybe six hours.
Q What did you do when you came out of the dugout?
A I went back to my house to find if my sister and mother were there.
Q Then where did you go?
A I did not get out of the house right away because I fixed our house and I gathered our jewels and then went to the farm. I was not able to reach the farm because on the way, I met three Japanese guards. I went back to the house and I locked myself in and then, until about 12 o’clock midnight, I was there.

Q Did you then go to the farm?
A Yes, I went to the farm.
Q Did that farm belong to your father?
A It belonged to my mother.
Q Did you tell one of your tenants what had been done to you and what happened?
A No, sir, the only thing I told them was my escape.

LIEUTENANT PHARR: No further questions.

COLONEL WORTMAN: Cross-examination?

CAPTAIN GREER: We would like to start on cross-examination at 1:30 and recess now.

COLONEL WORTMAN: In accordance with the request of the defense, the Commission will recess until 1330 this afternoon.

(The Commission recessed at 1125 hours, to reconvene at 1330 hours.)

The Commission reconvened, pursuant to recess, at 1330 hours.

COLONEL WORTMAN: The Commission is in session.

LIEUTENANT PHARR: The Commission is present, the accused, together with his counsel, and the prosecution are present and ready to proceed.

COLONEL WORTMAN: You may proceed.

LIEUTENANT PHARR: The prosecution wishes to proceed with the testimony of Miss Burgos, who just left the stand before recess at noon, and at this time requests the defense and the Commission to grant a closed session for the remainder of the witness’ testimony.

COLONEL WORTMAN: The request of the prosecution is granted and the room will be cleared.

LIEUTENANT PHARR: You are the same Corazon A. Burgos who was on the stand prior to recess at noon, is that right?

THE WITNESS: Yes, sir.

LIEUTENANT PHARR: May I remind you that you are still under oath?

THE WITNESS: Yes, sir.

LIEUTENANT PHARR: The prosecution has finished with direct examination.

COLONEL WORTMAN: Cross-examination?

CAPTAIN GREER: Yes, sir.

Q Miss Burgos, do you remember what you did on the 9^th of February, 1945?
A Yes, sir.
Q Do you remember what you did on the 5^th of February, 1945?
A I do not know of any happening on February 5^th, 1945. What I know is on February 9^th, 1945.
Q How old are you, Miss Burgos?
A 18 years.
Q When were you 18 or when did you become 18?
A This May.
Q During this month?
A Yes, sir.
Q How old were you, then, on the 19^th of November, 1945?
A 17 years.

Q Are you a Catholic, Miss Burgos?
A Yes, sir.
Q Do you practice your religion?
A Yes, sir.
Q Have you ever been married?
A No, sir.
Q Was the intercourse that you had on the 10^th of February, 1945, the first time you ever had intercourse in your life?
A Yes, sir.
Q Now, do you understand what we mean when we use the word “intercourse?”
A Yes, sir.

COLONEL WORTMAN: It is suggested by the Commission that the defense use the words “sexual intercourse” if that is what he means.

CAPTAIN GREER: Yes, sir.

CAPTAIN GREER: (To the interpreter) Will you repeat the question inserting the word “sexual” intercourse?

A (By the witness) Yes, sir.
Q At what time of day did you have sexual intercourse on the 10^th of February, 1945?
A At 7 o’clock in the morning.
Q How far is your house from the nearest house of your neighbors?
A About 30 meters.
Q Are there houses on either side of your house?
A Yes, sir.

Q How far is your house from the street?
A Our house is very near the street.
Q Is that street well-traveled?
A There are only a few who travel on the street because it is not the principal street.
Q How were you dressed that morning?
A My dress on that day when that Japanese grabbed me was all torn to pieces.

Q Were you wearing a dress?
A Yes, sir.
Q Did he take your dress off?
A No, sir.
Q Did he remove any part of your clothing?
A Yes, sir.
Q Did he remove his own clothing?
A Yes, sir.
Q What did he remove?
A His inner pants — his shorts.
Q Did he take off his trousers?
A No, sir.
Q How, then, did he remove his shorts?
A He removed the buttons of his trousers, and as he did so, he also was able to remove his inner shorts.
Q How look did you look at this officer that day — the officer who raped you?
A During the time that he raped me, I also looked at the face of this officer.
Q How much time elapsed from the time this officer entered your house until the time you escaped from the house?
A Maybe one hour.
Q Did the person who raped you kiss you that day?
A No, sir.
Q Have you ever seen that person before?
A No, sir.
Q Have you ever entertained any Japanese in your home?
A No, sir.
Q Did you struggle?

A I could not fight or struggle because he was very much stronger than myself.
Q How did you know that he was much stronger than you?
A Because he slapped me, and every time he slapped me, I fell, and he continued to slap me. After the third time, he drew his sword and pointed it and threatened me with it.
Q Were you crying?
A Yes, sir.
Q Did you cry in pain?
A I cried for help to my companions but nobody was able to assist me or to come to me.
Q How many times did you cry out for your companions?
A Only once because this brute stopped me from doing so.
Q How did he stop you?
A He held me by the jaw.
Q By the jaw?
A Yes, sir.
Q Did he have a sword in his hand at the time?
A No, sir, he didn’t have.
Q Then, he had not removed his trousers, is that true?
A Yes, sir.
Q How wide was the bench upon which you were raped?
A Just enough for me to lie on.
Q About how wide would you — show by your hands about how wide it would be.
A I cannot tell you because at that time, I really didn’t know what was happening to me.
Q Was this bench part of the normal furniture in your home?

A Yes, sir.
Q Can’t you remember how wide the bench was?
A So much time has elapsed that I can’t remember now.
Q Well, was it this wide (indicating a space approximately 18 inches) by holding my hands approximately 18 inches apart?
A Maybe; I cannot tell you exactly, that is only according to my estimation.
Q When it was apparent that this man intended to rape you, did you ask him not to?
A Yes, sir.
Q Did you cross your legs?
A Yes, sir.
Q Did you sign this statement on the 19^th of November 1945?

(Handing statement to the witness.)

CAPTAIN GREER: (To interpreter) It is in English.

A (By the witness) Yes, sir.

(Indistinct conversation between the defense counsel, interpreter and the witness.)

COLONEL CHASE: What is this conversation all about? I couldn’t hear a word of it.

A Do you recall the two officers present — the officer present, Joseph E. Vidmar, at the time you signed this statement? [This part was clearly mistranscribed and was not an answer of the witness.]

INTERPRETER RODAS: The answer was, “I don’t know the name of that officer who went to my house, only one officer went there and made me sign this.”

CAPTAIN GREER: (To interpreter) He didn’t say “made me sign this,” did he?

COLONEL WORTMAN: Ask the question, please, Captain Greer, and let the witness answer it in the usual way.

Q In other words, you signed this statement in front of an officer, is that correct?
A Yes, sir.
Q That officer didn’t force you to sign the statement, did he?
A No, sir.

Q Did the man who raped you have even, white teeth?
A When he went to my house, his complexion was rather dark, but now he is rather fair in complexion. When he went to my house, he looked like a robber, a bandit, and he could not look straight into my eye.
Q Did he have even, white teeth?
A Yes, sir.
Q Are you positive?
A Yes, sir, because when he talked, I could see that he had white and even teeth.
Q Miss Burgos, you have positively identified the accused, Taneichi, as the person who raped you on the 10^th of February 1945. You have further testified that the person who raped you had even, white teeth. I am going to remind you of the seriousness of your testimony and then I am going to ask you one additional question.

COLONEL WORTMAN: The Commission desires to interpose a word to the witness at this time. The witness has sworn to tell the truth. The Commission desires that she do that and not be constrained by fear or anything else. I want her to be perfectly at ease.

THE WITNESS: Yes, sir.

Q I will continue with the statement. If you, as a witness, are telling the truth, saying that this man (pointing at the accused, Taneichi) raped you, these men who are sitting on this Commission may find him guilty of crime and sentence him to death.

LIEUTENANT PHARR: May it please the Commission, the prosecution objects to any further lectures or comments on the part of the counsel for the accused in this case and requests

that the Commission instruct counsel to confine his communications with this witness to questions. I know of no regulations or rules permitting the defense counsel to lecture or admonish the witness before a military tribunal.

COLONEL WORTMAN: Further comment by the defense?

CAPTAIN GREER: At the expense of time, I could out this so-called lecture in question form. My purpose is rather obvious and I am not under the impression that we are governed by any specific rules before these Commissions, according to Letter Order 5 December 1945, as set down by General MacArthur’s headquarters. My purpose is quite obvious. I think that probably, my next two questions will clear the matter up.

COLONEL WORTMAN: The Commission desires the Law Member rule on the objection of the prosecution.

COLONEL HAMBY: Objection overruled.

Q I am sure, Miss Burgos, that you would not want to see the wrong Japanese hanged for this crime.
A Why? Has he shown he does not have any guilt? All the things I tell here are nothing but the truth. I am not telling any lies. All I told are nothing but the truth until I die.

COLONEL WORTMAN: (To interpreter) Translate this to the witness: The Commission is satisfied that she is telling the truth. Just go ahead and tell the truth.

A All that I am telling in this court is nothing but the truth.

COLONEL WORTMAN: Very well.

A I am not telling any lies. All that I tell here are nothing but the truth.

COLONEL WORTMAN: Very well, you may proceed.

CAPTAIN GREER: Let the record show that the accused, Taneichi, has now taken a position of approximately three feet in front of the witness stand. The accused, Taneichi, has now bared his teeth before the Commission.

Q Can you see the accused Taneichi’s teeth?
A Yes, sir.
Q Do those teeth look like [the] white, even teeth that you described in this document (showing the document to the witness)?
A Yes, sir.

CAPTAIN GREER: Let the record show that the accused’s upper teeth, four of the six that are in evidence, the four in the center are discolored, I would say, and each one completely capped by silver fillings.

Q Did the man who raped you remove any of your clothing?
A Yes, sir.
Q At this time, subject to the objection of the prosecution, the defense would like to offer as its Exhibit A the sworn statement of Corazon A. Burgos, taken under oath on the 19^th of November, 1945, at the Tanauan Institute Building, Tanauan, Batangas Province, Philippine Islands, said statement being signed in the presence of Joseph E. Vidmar, 2d Lieutenant, Infantry, Investigating Officer, War Crimes Investigating Detachment, on the 2d day of December, 1945.

COLONEL WORTMAN: Any objection by the prosecution?

LIEUTENANT PHARR: No objection, sir.

COLONEL WORTMAN: There being no objection, the document will be accepted in evidence.

(Defense’s Exhibit A
received in evidence.)

CAPTAIN GREER: There are no further questions on cross-examination.

COLONEL WORTMAN: Questions by the Commission? (There were none.) Prosecution?

LIEUTENANT PHARR: Two questions, sir.

COLONEL WORTMAN: Very well.

Q Miss Burgos, was there more than one Japanese officer in your home on February 10, 1945?
A That was the only one who went up to my house.
Q Were the other Japanese soldiers in your home that day enlisted men?
A They were soldiers.
Q Did this accused appear to be in command of those soldiers?
A Yes, sir.
Q The defense counsel had asked you about this accused’s teeth — his front teeth — do they appear differently now to what they did at that time, or do they appear the same?
A Yes, sir.
Q Do they appear the same?
A Yes, sir.
Q What kind of material do you call the metal that you saw on his teeth a moment ago?
A I do not know what that metal is called.
Q What color do you call it?
A It is just like when he came over here near me.

LIEUTENANT PHARR: No further questions.

COLONEL WORTMAN: Questions by the defense?

CAPTAIN GREER: No, Sir, no further questions.

COLONEL WORTMAN: Questions by members of the Commission?

Q How many times did the accused hold sexual intercourse with you in the morning of 10 February 1945?
A Only once.

COLONEL WORTMAN: There appears to be no further questions, the witness is excused.

CAPTAIN GREER: Colonel, when you said that you believed she was telling the truth and using the word, the collective pronoun “We,” were you speaking for yourself and all members of the Commission?

COLONEL WORTMAN: I was speaking for myself, and it is desired that the record so indicate.

LIEUTENANT PHARR: The remainder of the witnesses will be questioned and sworn in by Lieutenant Banzon.

COLONEL WORTMAN: Is there any further need for having the courtroom cleared?

LIEUTENANT PHARR: No, Sir, there is not.

COLONEL WORTMAN: Therefore, the courtroom will be opened to spectators.

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