TOPIC FULL NAMES OF GR NUMBER FACTUAL ANTECEDENTS WHAT LOWER COURT /CA SC RULING + RATIO

PARTIES AND DATES WAS FILED RULING + RATIO

FILED
Art. 114= People of the GR L-2073; Oct Villanueva appealed; records sent because of Complex CFI: 5th division of
TREASON Philippines 19, 1953 appeal and because under Rule 119, Sec 9 of crime of People’s Court, after
(plaintiff-appellee) ROC (review and judgment of all cases in which Treason trial of appellant, on
vs Pedro T. death penalty is imposed, whether defendant and a charge of treason
Villanueva appealed or not) Murder on several counts
(defendant- found him GUILTY of
appellant) Stenographic notes taken of testimonies of TREASON and
witnesses- cannot be located; SolGen MURDER.
promulgated resolution remanding case to CFI Sentenced him to
of Iloilo for retaking of testimony. death penalty, with
accessories: (1)
Villanueva filed petition to withdraw appeal indemnify heirs of
because Pres granted exec clemency to all Cosme Calacasan
prisoners convicted of treason, even those (2K), (2) indemnify
with pending appeals, provided that said heirs of Julia
appeal will be withdrawn; CFI issued order to Cabilitasan (2K), (3)
direct return of the case to SC for its action, fine of 20K and costs
because it had to be reviewed by SC regardless
of the appeal by defendant.

SC’s attention was not called to the fact that

defendant had previously appealed from a
decision sentencing him to death, which decision
called for an automatic review and judgment by
us; Petition for withdrawal of appeal was
After pet was granted, Villanueva filed with SC granted
a pet reiterating request for withdrawal of
appeal previously made with CFI, attaching the
copies of conditional pardon and letter of legal
assistant in Office of Pres.

This request brought to the SC’s knowledge the

nature of the case.

RATIO:
Defendant’s withdrawal of appeal from a
decision sentencing him to death is allowed, but
his withdrawal does not remove the case from
the jurisdiction of this court which, under the
law, is authorized and called upon to review the
decision though unappealed.
Judgment of conviction in CFI is not final until it
has been passed upon by the SC en consulta (in
consultation). The automatic review of SC of
 decisions imposing death penalty is not
something the CFI nor the accused can waive.
When the case was remanded to CFI, should be
considered as new trial. CFI should render new
decision since there is no assurance that the
witnesses testifying are the same as before.
Although the name of appellant was included in
list of prisoners convicted by People’s Court and
supposed to be pardoned conditionally. *But,
pardon=UNEXPIRED PORTIONS OF PRISON
SENTENCE TERMS and the FINES OF THE
PRISONERS. It could not have included the
sentence of appellant because it is not a prison
term. A death sentence is not served but rather
EXECUTED.
SC’s decision regarding death sentence shall be
waited unless in the new decision of CFI, a new
sentence other than death is imposed, in which
case there would be no automatic review by SC.

Case remanded again to CFI for new trial and for

a new decision.

Art. 114= People of the GR L-9529; Initially 10 counts of Treason (filed before At the new trial, only RATIO:
TREASON Philippines August 30, 1958 People’s Court) but Prosec adduced evidence testimonies of Appellant not only participated actively in the
(plaintiff-appellee) only on 7 (1, 2, 6, 7, 8, 9, 10). CFI found 1 and 2 witness for the punitive raids and arresting and killing Filipino
vs Pedro T. not proven and convicted accused of 6, 7, 8, 9, defense (Ambrosio guerillas, but also personally manhandled Gloria
Villanueva 10 Tuble and Basilio Escorido (16) and killed in cold blood Cosme
(defendant- Taborete) were Calacasasn by bayonetting him 3x (count 10 and
appellant) COUNT NO. 6 introduced. 8, resp), JUlia Cabilitasan by also bayonetting
June 10, 1943 at Baroc and Atabayan, Appellant showed and ignominy of stripping her before killing, and
municipality of Tigbauan, Iloilo evidence r/t Sofia Tambirao. Adherence to enemy was
conditional pardon. accompanied by cruelty and ruthlessness.
Accused with intent to adhere and with CFI: nothing new to Defense did not deny this; only denied overt acts
treasonable intent gave enemy aid and disturb decision of and that he said he was made to accept position
comfort in his capacity as agent, informer and People’s court ; new under duress and that such position was for the
spy of Detective Force, Imperial Japanese decision sentencing good of the people.
Army. Together with other Fil spies and Jap appellant to capital Evidence for the prosecution is overwhelming,
soldiers, arrested Vicente Garrido, Juan punishment such that appellant's counsel de officio instead
Tatlonghari, Clodovio Trieco, Melchor Trieco, of filing a brief, made a manifestation dated
Cosme Tobias, Leoncio Tumamudtamud, Case elevated to SC November 29, 1955, stating that "after a
Quirino Toranto, Napoleon Luceno, Modesto for automatic review thorough study of the records of the case, he
Torremoro and Dionisio Belandrez on the
charge that they were guerrilla soldiers and/or
sympathizers and did investigate, maltreat
and torture them; that subsequently the
persons above-mentioned were taken away
and were not seen or heard of since then;
accused and companions looted the house of
Jose T. Belandrez taking genuine Phil currency
of 300 pesos, emergency notes P1,200;
jewelry value at P500; clothing valued at P200;
and other personal effects; and from the house
of Toribia Taleon, jewelry, watches, clothing
and other personal effects with a total value of
P160 more or less.
Jose Belandrez, Salvador Toranto, Toribia
Taleon, Maria Mendoza (witnesses) testified
that on dawn of the date, appellant went to
the house of JB, took 1200 in cash, jewelry 300,
clothing 200, and that they arrested Dionisio
Belandez, Modesto Torremoro and Napoleon
Luceno (members of auxillary unit of guerillas-
Bolo Battalion). 3 members never returned.
COUNT NO. 7
August 9/10, 1943, Tigbauan, Iloilo
…arrest and apprehend several persons
suspected of guerrilla activities, among whom
were Federico Tinamisan, Eustaquio Doga,
Roque Tiologo, Salvador Tedor, Tomas
Trompeta, Agapito Trompeta, Andres Tayo,
Victorio Tuante, Manuel Teano, Matias Tirante,
Rufo Tolate, Celedonio Tupino, Alfredo
Trompeta, Hilarion Toga and several others,
who were gathered in the Chapel at barrio
Napnapa. Aforementioned were also
investigated, maltreated and tortured.
Salvador Tedor died of beating and torture. In
the following morning, 37 persons taken to
the yard of Valentina Amandoron’s house,
where the Filipino co-spies of the accused and
the Japs killed by beheading Andres Tai,
Victorio Tuante, Roque Tiologo, Manuel Teano,
Matias Tirania, Pufo Tulato, Agapito Trompeta,
Tomas Trompeta, Celedonio Tupino, Simeon
Ledesma, Hermenegildo Taleon, Marcelo
Turid, Magdaleno Turid, Enrique Turid, Jose
Tamon, Cornelio Taghap, Eustaquio Doga,
Eugenio (LNU), Francisco (LNU) Lucio (LNU),
finds nothing therein sufficient to disturb the
decisions of the People's Court and of the Court
of First Instance of Iloilo imposing capital
punishment on the accused." Said counsel
further stated that "The accused's only evidence
which directly attacked the government's proofs
was his denial of what several witnesses testified
to. Mere denial by appellant cannot prevail upon
positive assertion of witnesses. SC agreed with
idea of Solgen that there was no evidence to
support defense of duress, much less evidence
that coercion was grave and imminent.
Duress must be present, imminent and
impending. Fear must be well-founded, an
immediate and actual danger of death or great
bodily harm.
While the case was remanded to CFI for retaking
of lost testimonies, The attempt of appellant to
give the case a new twist by filing a motion to
quash on the ground that the pardon extended
him has already extinguished his criminal liability
was denied but he was allowed to present doc
evidence to support claim of clemency extending
to him.
Exhibit 1- certified copy of conditional pardon
Exhibit 2- certified copy of the letter of the Legal
Assistant of the President addressed to Director
of Prisons
E3- motion to withdraw the appeal fiuled before
CFI
E4- Tribunal’s resolution granting said
withdrawal
E5- decision of People’s Court in Ppl vs Jesus
Astrologo sentencing him to death
E6- conditional pardon in E5
E7- certified copy of the letter of the Legal
Assistant of the President addressed to Director
of Prisons to show Astrologo who is now
enjoying freedom by reason of pardon extended
Regarding the alleged pardon granted to
appellant, we reiterate our ruling in our
resolution of October 19, 1953, hereinbefore
quoted*. As to appellant's contention respecting
the applicability of the Astrologo case, we find it
untenable, for the Astrologo case (88 Phil., 423)
was elevated to us for review on March 4, 1948;
he filed his brief on October 21, 1949, and we
Juan (LNU), Casimiro (LNU), Gorteo (LNU), and
several others whose names are unknown,
while Alfredo Trompeta and Hilarion Toga
were struck and wounded on their necks but
miraculously escaped death.
6 witnesses testified: Severa Gua, Natividad
Duga, Alfredo Trompeta, Hilario Taghap and
Valentina Amandoron; at about 6pm, while
Eustaquio Duga where at their home, he saw
japs and Filipinos approaching their house and
that ED notified wife to flee but they were
overtaken and ED was arrested and SG found
dead body of ED woth head almost severed.
Alfredo Trompeta and Roque Teologo were
walking in a barrio rpad and they were
arrested. They were investigated together with
30 persons suspected as guerillas. Accused and
companions killed companions of AT. Andres
Tayo, Tomas Trompeta, Rufo Tolato, Roque
Teologo, Jose Taucon and Matias Tiranea were
among the 25 men killed.
rendered judgment on March 30, 1951,
commuting the sentence to life imprisonment
for lack of sufficient vote. The pardon granted
him on June 27, 1953, or more than two years
after the final judgment, was therefore in order,
and cannot be invoked by herein appellant as a
precedent.
As to the payment of indemnity in the amount of
P2,000 to the respective heirs of each of the
victims of appellant, the Solicitor-General
recommends that this amount imposed by the
lower court be increased to P6,000. We find this
recommendation to be correct, as it is in
consonance with the repeated decisions of this
Tribunal on the matter; hence the decision of
the lower court should be amended accordingly.
Furthermore, although the facts of the case
verily justify the imposition of death penalty,
yet, for lack of sufficient votes said penalty
should be, as it is hereby commuted to reclusion
perpetua, in accordance with law.

COUNT NO. 8 Decision appealed from is hereby affirmed, with

August 12, 1943, Leon Iloilo costs.
…arrest Cosme Calacasan, Nazario Calimutan,
Alberto Caborique, Nazario Calacasan, Marcos
Sobrevega, Jose Canillas, Aurelio Calacasan,
Graciano (LNU), Juan (LNU), and three others,
names unknown, on the charge that the
persons aforesaid were guerrilla soldiers or
guerrilla sympathizers; that thereafter these
persons were taken to barrio Taal, municipality
of San Miguel, where the accused and his
companions set fire to and burned several
houses in the aforesaid barrio. Moved to barrio
Baguingin, investigated, maltreated and
tortured them.
With evident premeditation and treachery,
Bayonetted to death Cosme Calacasan, while
tied to a tree with hands tied behind his back;
while Nazario Calimutan was bayonetted and
killed in the same manner by Jesus Astrologo,
Filipino co-spy of the herein accused; while
Graciano (LNU) and Juan (LNU) and two others
(names unknown) were bayonetted to death
by the Filipino and Japanese companions of
the accused; that after the killing of the
aforesaid persons, the above-named accused
and his companions did gather the corpses of
their victims in the house of Juan Caya and
thereafter did set fire to and burn that house
the dead bodies inside.

2 witnesses testified.

COUNT NO. 9
August 12, 1943, Leon Iloilo
… conduct and carry out a raid against and
mass arrest of persons suspected as guerrilla
soldiers and sympathizers, as a consequence of
which, about eighty persons, male and female,
both young and old were arrested and
gathered in a schoolhouse and chapel in the
barrio of Buenavista, and thereat investigated,
maltreated and tortured by the herein accused
and his companions
thirty persons including women and children
were taken to the house of Aquilino Sales,
where about fourteen persons were
bayonetted and killed by Japanese soldiers,
namely, Julia Cabilitasan, Mercedes Calopez,
Andrea Cahipo, Eustaquia Cabilinga, Isabel
Canag, Rosalia Calopez, Luz Caldito, Estelita
Camorahan, Roman Cabilinga, Tomas Canag,
Luis Cabalfin, Juan Cabalfin, Macario
Cabilitasan and Aurelio Caldito; while Paulina
Cantara, Alejandro Calsona and Bienvenido
Cabankalan received and sustained bayonet
wounds but survived and were able to escape
after the house of aforesaid Aquilino Sales was
set on fire and burned by said patrol of Filipino
spies and Japanese soldiers.
4 witnesses testified (Aquilina Cabilitasan,
Bienvenido Cabankalan, Alejandro Calsena and
Perpetua Canag) that several residents were
arrested by appellant who was armed with
revolver and bayonet. JC was singled out by
appellant who tied her hands behind her back
and brought her under a doldol (kapok) tree
near a chapel, where she was stripped of all
her clothings until she was naked. Appellant
investigated her regarding the whereabouts of
her husband who was a USAFFE soldier.
Appellant, after severely beating Julia
Cabilitasan, brought her to the house of
Aquilino Sales where there were other Filipino
prisoners. Shortly thereafter, appellant and his
companions started the massacre of the
prisoners. Appellant stabbed Julia Cabilitasan
three times with a bayonet. In that massacre,
fourteen persons including women and
children were killed.

COUNT NO. 10
Guimbal, Tubungan Iloilo
… arrest Rosalio Tambirao, Joaquin Escorido,
Carolina Escorido, Romero Escorido, Edgardo
Escorido, Editha Escorido, Sofia Tambiras, Raul
Tabanda, Nestor Tabanda, Elena Gierza,
Natividad Gersalino, Jovita Gersalino, Ernesto
Tambirao, Ruly Tambirao, Jesusa Jimenez,
Eustaquio Tortugalete, Paz Tabora, Basilisa
Taborete, Gloria Escorido, Ciriaco Gierza and
several others with unknown names on the
charge that the persons aforesaid were either
guerrilla soldiers, sympathizers and supporters;
that the aforesaid persons were then taken to
the house of Jacinto Toborete, where the
herein accused, did then and their investigate,
maltreat, or otherwise torture Basilisa
Taborete, Gloria Escorido and Eustaquia
Tortugalete in an effort to make them confess
as to their connection with the guerrilla
movement and the whereabouts of the
guerrilla soldiers
accused further adhering to the enemy did
deliver to a Japanese executioner Juan Gelario,
Felipe Tanato, David Garnica, Juana Tabacoran,
Jesusa Jimenez and Luz Tabiana, who were all
executed and kill one after another; that the
killing of Juana Tabacoran, Jesusa Jimenez and
Luz Tabiana took place shortly after they were
abused and raped by the Japanese and BC
soldiers in the house of Jacinto Taborete; that
while this was going on, Jovita Gersalino and
Lourdes Tabanda were taken to another house
by the herein accused, Filemon Palacios, Jr.,
Vicente Tolosa and a Japanese soldier, where
they were abused and raped; that
subsequently the persons gathered were asked
who of them were relatives of Tranquilino
Geonanga for they would be released and
when an old woman answered that they were
all relatives of Tranquilino Geonanga, the
Japanese soldiers at once started to inflict and
deliver bayonet thrusts on the persons
 gathered and as a consequence of which about
thirty of them were killed and several were
wounded: that subsequently, the herein
accused and his companions proceeded to
barrio Buluañgan, where one Saturnino (LNU)
was arrested, investigated, maltreated and
tortured by the herein accused and later killed
by the Japanese.
Gloria Escorido, Basilisa Gierza and Ciriaco
Gierza testified that the barrio residents, who
were about fifty persons, were brought to the
barrio of Laguna, Tubongan, Iloilo, were they
were investigated and maltreated; that during
the investigation, appellant tied the feet of
Gloria Escorido, hanged her with her head
downward and beat her with the branch of an
"aguho" tree; that appellant likewise brought
to the house of Jacinto Batorete three females,
namely, Luz Tabiana, Jesusa Jimenez and Juana
Tabiana where the said girls were abused by
the appellant and his companions; that
appellant also bayoneted to death Sofia
Tambirao for the simple reason that she was
the cousin of Tranquilino Geonanga, an officer
of the guerrillas; that appellant and his
companions massacred on that occasion
around thirty persons, among whom were
Jovita Gersalino, Carolina Escorido, Romero
Escorido, Sofia Tambirao, and Edgardo
Escorido
Art 114= People of the GR L-1446; Accused is appealing from the decision of Treason People’s Court: Testimony of witnesses for prosecution
TREASON Philippines March 4, 1949 people’s Court under 5 found guilty under positively pointed and identified appellant not
(plaintiff-appellee) counts four counts of "the only by name but actually seen him and
Vs July 1944 Talisay, Cebu crime of treason maltreated by him
Filemon A Japanese Navy Truck and Japs operated train complexed with the
Delgado(defendant- coach were ambushed by the resistance and crime of murder",
appellant) guerilla forces and sentenced to
Reprisal on July 29, 1944- mass death penalty by
arrest/concentration of the male inhabitants of electrocution with all
Dolho, Talisay, Mambaling, Basak the accessories of
Many Japanese soldier accompanied by the law.
Filipino spies and undercover men among CA:
them the appellant Filemon Delgado rounded
up a great number of men some through
arrests other by invitation and order to go to
the Basak schoolhouse for a supposed
meeting. In the morning of that morning of
that day Tereso Sanchez a guerrilla soldier and
Antonio dela Cerna were arrested in
Mambaling and were lodged at the Mambaling
chapel They were later transferred to the
Basak schoolhouse where they found hundred
of men among them Jose de la Cerna and
Fidencio Delgado and it was there where they
saw the appellant armed with a revolver and
other Filipino undercover men working with
and helping the Japanese soldiers tying up the
hands of those arrested investigation and
torturing them in order to obtain information
about the guerrillas and about firearms they
were suspected of possessing. Tereso Sanchez
Antonio de la Cerna and Fidencio Delgado saw
Jose de la Cerna being suspended in the air and
punched and beaten with an iron bar by
appellant Filemon Delgado during his
investigation. After extreme torture Jose de la
Cerna finally admitted he had a firearm in his
house after which the appellant accompanied
by other undercover men accompanied him to
his house and took said firearm. Thereafter
Jose de la Cerna was taken to the Japanese
Military Police headquarters and after a
month's confinement he was released. Antonio
de la Cerna was also maltreated together with
other prisoners by the defendant. Fidencio
Delgado was himself tied up but before his
time came to be investigated and possibly
maltreated by the appellant he happened to
mention that his surname was Delgado and
upon its verification with his residence
certificate said appellant released him from
confinement saying that had he known it
Fidencio should have been released earlier.

The following morning or rather on July 30,

1944 a number of the person confined in or
around the Basak schoolhouse were taken
toward the mountain of Toong. Among them
were Tereso Sanchez and Antonio de la Cerna.
Upon arrival thee the Japanese and Filipino
undercover men among them appellant
proceeded with their decision to summarily
those prisoner who insisted that they did not
have any firearm to surrender. After seeing
that several of his companion had already
been shot to death Antonio de la Cerna told his
captors that he really had a revolver in his
house and he was separated from the group
and his life was spared presumably to give him
a change to get the said firearm and surrender
it to the Japanese. Tereso Sanchez was less
fortunate. He had no firearm to surrender.
Neither did he make any pretense that he had
one which he would surrender were it only to
stall for time suspend his execution and live
even only on borrowed time. So the appellant
simply told him to turn around which he did
and Filemon Delgado immediately fired at him
hitting him on the back of the head on the
occipital region the bullet coming out thru left
eyes. As he fell to the ground the appellant
pushed him down into a ravine. because he
still moving down below some undercover
men fired parking shots at wounding him in
the back. Miraculously however Sanchez did
not die. After the Japanese and Filipino
undercover men had left his friends and
guerrillas finding Sanchez to be still alive
helped him up and carried him to a hut where
he upon regaining consciousness found
himself. There he stayed for about a month his
wounds being treated with coconut oil and he
lived to tell this gruesome tale. His testimony
of being shot at by appellant was duly
confirmed by the testimony of Antonio de la
Cerna.
About August 24, 1944 while plowing his rice
filed in Banilad Mandaue, Cebu, Leonardo
Ouano was arrested and taken to his house
where he found the defendant Filemon
Delgado together with about nine undercover
men and two Japanese soldiers surrounding his
house. His house was ransacked by them. He
was questioned about his brother Sulpicio
Ouano, a guerrilla soldier. Later in the
afternoon Eduardo Ouano and Patricio Suico
under custody were taken to said house.
Patricio was suspected of being a lieutenant in
the volunteer guards. In the evening the three
arrested men were taken to the Japanese
Military Police headquarters at the city of
Cebu. There Leonardo and Patricio were
hanged and suspended in the air and beaten
with a wooden stick by appellant and other
undercover men in their effort to make them
admit connection with the guerrilla forces and
to reveal the whereabouts of Sulpicio Ouano,
brother of Leonardo. Eduardo Ouano was not
maltreated but his hands were tied behind his
back. Late that night the three men (Leonardo,
Eduardo and Patricio) were taken back to the
house of Leonardo in Banilad Mandaue, where
they were closely guarded with their hands
tied behind their backs. The following morning
Leonardo and Patricio were hanged and
suspended in the air and severely punished
and maltreated by the appellant and his fellow
undercover men. All this and what follows was
testified to not only by Leonardo but also by
Eduardo who that morning was made to pound
rise for the food of the Japanese and Filipino
undercover men and by Arcadio Ceniza who
had also been taken to the house of Leonardo
and ordered to slaughter and dress a pig for
the mess of the appellant and his companions.
While performing their appointed tasks
Arcadio and Eduardo saw all that was
happening and was being done to Leonardo
and Patricio. After continued beating Patricio
pleaded with the appellant telling him that he
could not bear the torture any longer. Filemon
Delgado told him that he should be made to
suffer longer and more but evidently seeing
that Patricio was collapsing he ordered him
lowered to the floor and then he directed
three undercover men to take Patricio to the
neighboring house of Nicanor Ouano in order
to look for hidden firearms. On the way and at
a distance of about 300 yards Patricio
collapsed and fell to the ground and no
amount of threat on the part of the
undercover men could make him get up. By
order of the appellant Patricio was dragged
back to the house of Leonardo where he was
placed on a native sled. Taking hold of a
wooden pestle the appellants began to beat up
and belabor Patricio who was lying motionless
on the sled and noticing no reaction to the
beating and suspecting that Patricio might be
unconscious or dead the appellant ordered a
fire to be built under the sled just below the
head and buttocks of Patricio. His face was
burned and his clothing set on fire and still
Patricio did not move. He was dead. By order
of the appellants the sled with the body of
Patricio on it was dragged to a spot about 300
yards from the house where the body was
taken from the sled and dumped under a buri
palm. Pulling out his bayonet the appellant
slashed the throat of Patricio with it and then
thrust the bayonet into the right and left
breast of Patricio. The following day under the
buri palm Patricio's widow named Rosario
Remedio found her husband's body with the
face burned and the neck slashed and with the
help of friends and relatives gave it a decent
burial.

DEFENSE: appellant cannot be present in arrest

investigation, torture and shooting committed
by Japs soldiers and Fil undercover men on July
29, Aug 24-25, 1944 because he was under
detention in Constabulary barracks after he
had been arrested by Japs and was made to
work in Jap air field in Cebu. He was later
delivered to Constabulary for custody. ; FD
referred by prosecution witnesses was
different from appellant although same
name rejected by People’s court because
veracity of testimonies was not believed