Case Digest (G.R. No. L-4129)
Facts:
- Teodoro Gabor y Oro filed a petition for habeas corpus.
- Gabor was convicted by the Court of First Instance of Maasin, Leyte, in criminal case No. 5268 for homicide and frustrated parricide.
- He began serving his sentence on December 2, 1940.
- Gabor was granted a reduction of one-fifth of his sentence for loyalty.
- Gabor claims that he has fully served his principal penalties in the two criminal cases, with only the subsidiary imprisonment corresponding to the indemnity of P2,000 remaining to be served.
- He argues that he is being illegally detained because the imposition of subsidiary imprisonment is contrary to law.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denies the petition for habeas corpus.
- The reduction of Gabor's sentence made by the Superintendent of the Iwahig Penal Colony under the author...(Unlock)
Ratio:
- The Supreme Court has repeatedly ruled that the only competent authorities having the power to pardon during the Japanese occupation were the Commander in Chief of the Imperial Japanese Military forces and the President of the so-called Republic of the Philippines.
- The Commander in C...continue reading
Case Digest (G.R. No. L-4129)
Facts:
Teodoro Gabor y Oro filed a petition for habeas corpus, challenging the validity of his sentence reduction granted by the Superintendent of the Iwahig Penal Colony under the authority of the Japanese Commander in Chief in Palawan during the Japanese occupation. Gabor was convicted of homicide and frustrated parricide and began serving his sentence in 1940. He was granted a reduction of one-fifth of his sentence for loyalty.
Issue:
The main issue raised in the case is whether the reduction of Gabor's sentence, granted by the Superintendent of the Iwahig Penal Colony under the authority of the Japanese Commander i...