GR L 858; (January, 1950) (Digest)
G.R. No. L-858; January 18, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO HONTAÑOSAS, defendant-appellant.
FACTS
The accused, Gregorio Hontañosas, served as a provincial guard and later as a special agent for his brother, a Japanese-appointed provincial governor, from September 1942 until late October 1944. In this capacity, he campaigned for the capture of guerrillas. On July 20, 1944, in Songculan, Dauis, Bohol, he assaulted and threatened several individuals to force them to reveal the whereabouts of their guerrilla relatives. Specifically, he slapped and pistol-whipped Placido Loquias and punched Fausto Loquias. That same evening, he went to the house of Juan de la Peña, slapped him, struck him on the head with a revolver butt, beat him with a piece of wood, and threatened to kill him and his family if his guerrilla son did not surrender. He also assaulted and threatened Candido Somaylo to produce his guerrilla brother. In June 1944, he confiscated and publicly destroyed emergency currency notes from Narcisa Estoque at a cockpit, threatening to turn her over to the Japanese Kempei Tai. The accused denied the assaults, claiming the complaints were fabricated by the victims to secure their release from guerrilla detention.
ISSUE
Whether the accused is guilty of treason under Article 114 of the Revised Penal Code for adhering to and giving aid to the enemy (the Japanese forces) during the occupation.
RULING
Yes. The Supreme Court affirmed the conviction but modified the penalty. The acts of the accused in actively hunting guerrillas, who were part of the resistance forces, constituted aid to the enemy. His actions were a clear violation of the allegiance he owed to the legitimate government of the Philippines. The Court found the testimonies of the prosecution witnesses credible and rejected the accused’s defense of fabricated charges as a last-minute invention. However, considering the extent of the aid rendered, the penalty was reduced from reclusion perpetua to twelve years and one day of reclusion temporal. The fine and costs were affirmed.
AI Generated by Armztrong.