President Quezon wanted to bring Abad Santos to Australia and later to the United States. But the latter preferred to remain in the Philippines to help his people in their darkest period of need.
So, he and his son Pepito said goodbye to President Quezon and proceeded to take passage on a ferryboat from Bacolod to Cebu City, arriving there on April 1.
As the Japanese invaders were landing in Cebu, he heard the news of the fall of Bataan.
To evade capture by the enemy, he and his son, together with three military men, fled Cebu City in a car, speeding southward to the town of Barili.
Unfortunately, before reaching Barili, they were caught by the Japanese troops - at 8:00 AM April 11.
The Japanese commander in Cebu interrogated Abad Santos and asked him to take the oath of allegiance to Japan.
With courage and dignity, Abad Santos refused, saying. "I cannot accede, General, to the things you ask of me. To obey your command is tantamount to being a traitor to the United States and to my country. I would prefer to die rather than to live in shame."
When the general went to Mindanao with an invasion force, he brought with him Abad Santos and son. From Parang, the party marched overland to Malabang. Here he was repeatedly asked to collaborate, and he always gave a defiant answer. For this he was sentenced to die.
The son cried and the father comforted him saying, "Do not cry Pepito. Show these people that you are brave. It is a rare opportunity for one to die for our country. Not everyone is given that chance."
After a prayer, chief justice Abad Santos calmly faced the firing squad.