People v. Agoncillo, 80 Phil.

33
People v. Godinez, 79 Phil. 775
[G.R. No. L-895. December 31, 1947] BENGZON, J.

FACTS:

Jose Godinez was a shipmaster in the Philippine coastwise trade before the Pacific War. He
rendered service to the Japanese Navy as their Pilor in bringing their ships into harbor and
otherwise performing work connected with navigation. He was paid monthly salaries. The
prosecution said that such acts gave aid and comfort to the enemies, but Godinez denied the
allegation stating that he was threaten by the Japanese that if he do not render his service he or
his family could be killed. The prosecution, on the other hand, said that there was no imminent
danger to his life because some of other merchant officer succeeded in evading service to the
Japanese and were not molested. Moreover, he was accused of helping to the Japanese
together with criminal intention" to betray render him guilty of treason.

ISSUE: WON the prosecution is correct in asserting that Jose Godinez did commit the crime of
treason by rendering his service to the Japanese.

RULING:

No. It was not demonstrated, however, that the other seamen were surrounded by the same
circumstances of herein indictee, as to family members, means of evasion, personal relations or
conditions, etc., all of which necessarily affected any decision to serve or not to serve. It may be
that such marine officers were not pressed by the Japanese precisely because the herein
accused and others (Eduardo Gonzales, Marcelo Ayesa) had consented to render pilotage
service.

Those who refused to cooperate, in the face of danger, were patriotic citizens; but it does not
follow that the faintheart, who gave in, were traitors. Moreover, Mere governmental work
under the Japanese regime—and pilotage service may be considered in the same light—does
not constitute per se indictable disloyalty. Lastly, it is hard to believe appellant wished the
defeat of our allies, because he had two sons in the guerrilla forces.