People of the Philippines vs Eugenio Pasilan

2 12 2010


Amnesty – when cannot be invoked – new trial

 

Pasilan was a former guerilla fighting against the Japanese. In 1944, while cleaning his gun outside the house of one Justina Miguel, a certain Ciriaco Abarra passed by. Pasilan ordered Abarra to wait for him. Abarra waited and after cleaning his gun, Pasilan interrogated Abarra. Abarra was alleged to be supporting the Japanese cause and he was one of the persons who accompanied the Japanese troops in raiding the barrio where Pasilan lived.

READ THE REST OF THE DIGEST HERE





Gaudencio Vera et al vs People of the Philippines

29 11 2010


Amnesty – Reversal of the Doctrine Held in the Barrioquinto Case

 

Vera, together with 92 others were charged for the crime of kidnapping with murder done against a certain Lozaňes. The said crime was committed allegedly to aid the Japanese occupation. During the hearing, none of the petitioners-defendants admitted having committed the crime charged. In fact, Gaudencio Vera, the only defendant who took the witness stand, instead of admitting the killing of the deceased Lozañes, categorically denied it.

READ THE REST OF THE DIGEST HERE





Norberto Jimenez & Loreto Barrioquinto vs Fernandez

29 11 2010

 

Amnesty Compared w/ Pardon – Admission Not Needed in Amnesty

Jimenez and Barrioquinto were charged for murder for the killings they made during the war. The case was proceeded against Jimenez because Barrioquinto was nowhere to be found. Jimenez was then sentenced to life imprisonment. Before the period for perfecting an appeal had expired, the defendant Jimenez became aware of  Proclamation No. 8, which grants amnesty in favor of all persons who may be charged with an act penalized under the RPC in furtherance of the resistance to the enemy or against persons aiding in the war efforts of the enemy.

READ THE REST OF THE DIGEST HERE








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