G.R. No. L-9529 - People vs. Villanueva

Pedro T. Villanueva was charged and sentenced to death by the Fifth Division of the now-defunct People’s Court for the crime of treason.
The case was elevated to the Supreme Court on March 10, 1948, initially due to Villanueva’s appeal and under Section 9 of Rule 118 of the Rules of Court mandating automatic review of death penalty cases.

The transcript of testimonies from October 8, 1947, was missing. On the Solicitor General's recommendation, the Supreme Court, on August 1, 1952, remanded the case to the Court of First Instance (Iloilo) to retake the testimonies of four witnesses, including Villanueva himself.
On August 24, 1953, Villanueva filed a petition to withdraw his appeal to avail himself of the executive clemency granted to all prisoners convicted of treason, contingent on withdrawal of appeals.
The Court of First Instance returned the case to the Supreme Court for further action. The Supreme Court initially granted the withdrawal of appeal on September 21, 1953.
On the same day, Villanueva filed a second petition directly with the Supreme Court, reiterating his request and attaching documents relating to his conditional pardon.
Upon review, the Supreme Court realized the automatic review of death penalties could not be waived by appeal withdrawal. The September 21 resolution was reconsidered and rescinded on October 19, 1953, and the case was again remanded for retaking of missing testimonies and a new decision.

At the new trial, only the defense witnesses’ testimonies were retaken, as the prosecution relied on the original evidence. Villanueva also presented documentary evidence of the conditional pardon.
The Court of First Instance of Iloilo reaffirmed the People’s Court decision and sentenced Villanueva to death on October 11, 1955.
The case was again subject to automatic review by the Supreme Court.

Amended information charged Villanueva with treason on 10 counts, but prosecution only presented evidence on 7. He was acquitted on counts 1 and 2 but convicted on counts 6, 7, 8, 9, and 10.
It was proven that during the Japanese occupation:

Villanueva, a Filipino with allegiance to the U.S. and Philippine Commonwealth, served as a secret agent, informer, and spy for the Japanese Detective Force in Iloilo.
He participated actively and directly in punitive expeditions against guerrilla forces, involving arrests, torture, robberies, arson, and murders.

Count 6: Arrest and torture of suspected guerrillas, robbery of properties in Tigbauan, Iloilo, in June 1943; disappearance of arrested individuals thereafter.
Count 7: Arrest, maltreatment, and torture at Napnapan on August 9-10, 1943, including the death of Salvador Tedor by beating. Subsequent massacre and killings of multiple persons.
Count 8: Arrest and torture at Leon, Iloilo on August 12, 1943; Villanueva personally bayonetted Cosme Calacasan to death; burning of houses with corpses inside.
Count 9: Mass arrest and maltreatment in barrio Buenavista on August 12, 1943; Villanueva stripped and severely beat Julia Cabilitasan, later bayonetted her to death; massacre of 14 persons, including women and children, and burning of the house.
Count 10: Mass arrest, torture, abuse, and execution of civilians in Guimbal and Tubungan, Iloilo, in March 1944; personal maltreatment and killing of Sofia Tambirao and others; several persons were raped and killed; mass bayoneting and killing of about thirty persons.

Villanueva denied the overt acts attributed to him, claiming that if he served the Japanese Detective Force since 1944, it was out of duress and for the benefit of the Filipino people.
His defense presented no corroborative proof of duress or coercion beyond his own self-serving statement.
The official defense counsel filed a manifestation stating that after thorough study, there was nothing sufficient in the records to disturb the decision imposing capital punishment.

Villanueva presented certified copies of a conditional pardon and official correspondence indicating executive clemency had been extended to prisoners convicted of treason, including those with pending appeals if those appeals were withdrawn.
The Supreme Court held the pardon questionable in its applicability to Villanueva, as the pardon concerned remission of unexpired prison sentences or fines; the death sentence is not a prison term but death execution.
Withdrawal of appeal in a death penalty case does not prevent automatic Supreme Court review, nor render the lower decision final and executory.
The Court distinguished Villanueva’s case from People vs. Jesus Astrologo, where the pardon was granted after final judgment, which was not the case here.

The Court agreed with the Solicitor General to increase the indemnity awarded to the heirs of victims from P2,000 to P6,000 per heir.
Due to lack of sufficient votes for the death penalty, the Supreme Court commuted Villanueva’s sentence to reclusion perpetua.

Whether an accused sentenced to death may withdraw his appeal and thereby prevent the Supreme Court’s automatic review of the case.
Whether the executive clemency (conditional pardon) granted to prisoners convicted of treason extends to appellant Villanueva and extinguishes his criminal liability.
Whether the evidence adduced is sufficient to uphold conviction for treason and the accompanying crimes alleged.
Whether the indemnity awarded to the heirs of victims of the crimes should be increased.
Whether the death penalty is proper in the absence of sufficient votes.