8/10/2019 People vs. Villanueva g.r. No. L-9529 August 30, 1958

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1 | C r i m i n a l L a w I I C a s e D i g e s t s 2n d

S e m e s t e r A / Y 2 0 1 4 - 2 0 1 5 b y : J . A . B u e n a v e n t u r a

CASE No. 6 (Treason)

G.R. No. L-9529 August 30, 1958

THE PEOPLE OF THE PHILIPPINES,plaintiff-appellee,vs.PEDRO T. VILLANUEVA,defendant-appellant.

FACTS:

During the Japanese occupation, appellant Pedro T. Villanueva, a Filipino citizen owing allegiance to the UnitedStates of America and the Commonwealth of the Philippines, gave the enemy aid and comfort by rendering servicewith the Japanese Imperial Army as secret agent, informer and spy, of its Detective Force in the province of Iloilo,and that in the performance of such service, he participated actively and directly in the punitive expeditionsperiodically made by the Japanese forces in the guerilla-infested areas of the province of Iloilo, and committedrobberies, arson and mass-murders.

Witnesses, who themselves were victims of the maltreatment and torture of the Japanese and others who were ableto escape the raids made by the Japanese forces with the aid of Villanueva, testified with corroborated statementsagainst the defendant.

The defendant denied the overt acts imputed upon him, and avers that if he ever served in the detective force of theJapanese Army, it was because he was made to accept the position under duress, and that his acceptance of suchposition was for the good of the people, he having saved many Filipino lives from Japanese atrocities.

Villanueva was sentenced to death by the People's Court for the crime of treason. The case was elevated to theTribunal for mandatory review, for judgments of the lower courts imposing death penalties.

ISSUE:

Whether or not his denials and defense of duress exerted by the Japanese Imperial Army upon him will suffice toexempt him from the crime of treason?

RULING:

The Court ruled that mere denial by appellant cannot prevail upon the positive assertion and corroboration of thestatements of witnesses for the government establishing incriminating facts. It is a well settled rule of evidence thatas between positive and negative testimony, the former deserves more weight and credit. With regards to hisdefense of duress allegedly exerted by the Japanese upon him for which he had to serve in the Detective Force ofthe Japanese Army, the defendant was not able to present sufficient proof that he was indeed coerced or compelledby the Japanese but merely stated self-serving testimonies. Duress, force, fear or intimidation to be available as adefense, the fear must be well-founded, an immediate and actual danger of death or great bodily harm must bepresent and the compulsion must be of such a character as to leave no opportunity to accused for escape or self-defense in equal combat. A threat of future injury is not enough.

Hence, the decision of the lower court was affirmed with modifications on the indemnities imposed and that thepenalty of death be commuted to reclusion perpetua due to lack of sufficient votes to impose the justifiable penaltyof death.

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