Case Digest (G.R. No. L-36754)
Facts:
The case arose from an automatic review of Criminal Case No. 39 and Criminal Case No. 39-A in the Court of First Instance of Capiz, Branch III, Mambusao, where Reynaldo Abayon, Jose Agbas, and Rogelio Vito were convicted, and where Jose Juarez, Enrique Agbas, and Mariano Aragon were separately convicted, each as principals in murder and sentenced to death. The prosecution evidence showed that on July 15, 1971, PC officers exhumed the decomposed remains of Pedro Eslamado from a shallow pit in an isolated area in Barrio Quinabcaban, Dao, Capiz, after his widow reported he had been abducted on June 14, 1971.The trial court relied heavily on extrajudicial confessions supposedly executed after investigation by PC officers (Exhibits “G” in Case 39-A; Exhibits “F”, “D”, and “B” in Case 39), despite the accused’s repudiation alleging they were coerced through threats, violence, and intimidation. The accused also presented denials and defenses of alibi and denial of participation; the
Case Digest (G.R. No. L-36754)
Facts:
- Automatic review and courts involved
- The case reached the Supreme Court through automatic review of the judgments of the Court of First Instance of Capiz, Branch III, Mambusao.
- The lower court rendered separate murder convictions in Criminal Case No. 39 and Criminal Case No. 39-A.
- The Supreme Court identified the appellants in L-36754 and L-36755 as accused-appellants:
- L-36754: Reynaldo Abayon, Jose Agbas, and Rogelio Vito.
- L-36755: Jose Juarez, Enrique Agbas, and Mariano Aragon.
- The lower court found each of the said accused guilty beyond reasonable doubt as principals in Murder and sentenced each to the extreme penalty of death.
- The Supreme Court reversed and acquitted all appellants.
- Discovery of the victim and medical findings
- On July 15, 1971, a team of P.C. officers and men exhumed the remains of an adult male in an isolated, uninhabited place within Barrio Quinabcaban, Dao, Capiz.
- The cadaver was already foul-smelling and in advanced decomposition.
- Mrs. Estelita Marcelino Eslamado identified the cadaver as her husband, Pedro Eslamado.
- Dr. Niceas Bediones, M.D., Rural Health Physician of Sigma, Capiz and Officer-In-Charge of the Rural Health Unit of Dao, Capiz, was present and conducted the autopsy.
- Dr. Bediones certified the post-exhumation physical findings and medico-legal points, including:
- Burial in a shallow pit, with the body assuming a semi-reclining position, feet much lower than the head, and knees flexed toward the abdomen or crouched position.
- Decomposition with foul-smelling offensive odor, soft tissues in the face dissolved, and large areas of scalp tissues and hair gone.
- Hogtying and binding indicators:
- The corpse was hogtied with a piece of cloth (probably a towel) applied tightly to the mouth and tied at the back of the head.
- Both wrists tied together behind the body by a shoestring.
- A shallow linear grooved-like depression across the middle of the right arm (not more than 0.5 cm across and 0.5 cm deep), possibly due to a cord tie impression.
- Probable cause of death:
- Exact cause was difficult to ascertain due to decomposition.
- Logical assumption that death resulted from some form of physical violence inflicted for sometime.
- Kidnapping-with-murder complaint and amended information
- Prior to discovery of the corpse, or on June 21, 1971, Sgt. Josefino Cantiller filed a criminal complaint for kidnapping of Pedro Eslamado based on Mrs. Eslamado’s complaint that her husband had been abducted on June 14, 1971.
- Accused initially named in the complaint were:
- Reynaldo Abayon
- Rogelio Vito
- Jose Agbas
- Emperatriz Borja
- two John Does
- After the body was unearthed, Sgt. Cantiller moved to amend the complaint from Kidnapping to Kidnapping with Murder, naming additional accused:
- Herman Abayon
- Mariano Aragon
- Roberto Barrera
- Romeo Acorio
- Jose Juarez
- Enrique Agbas
- It was alleged that the two John Does in the original complaint had been identified as:
- Alexander Rebosora alias Alex Balbastro
- alias Joe
- The motion to amend was granted and the amended complaint was admitted.
- Filing and commencement of Criminal Case No. 39 and Criminal Case No. 39-A
- On September 11, 1971, Criminal Case No. 39 was commenced with an Information for Kidnapping with Murder.
- The Information alleged that on or about June 14, 1971, in Sigma, Capiz, within the court’s jurisdiction, accused, acting in conspiracy, and armed with weapons (automatic carbine, pistol cal. 45, homemade shotguns “pogakhang,” fighting bolos, hunting knife), and using craft by simulating as public authorities, entered the house of Pedro Eslamado at night.
- The Information alleged that they kidnapped, detained, or deprived Pedro Eslamado of liberty for the purpose of bringing him to barrio Quinabcaban, Dao, Capiz.
- It further alleged that once kidnapped, they, with evident premeditation and treachery and abuse of superior strength, assaulted and stabbed him with bolo and inflicted mortal wounds causing his instantaneous death.
- The accused pleaded not guilty upon arraignment on October 28, 1971.
- Before trial proceeded, counsel for accused Enrique Agbas, Jose Juarez, and Mariano Aragon moved for separate trial for their clients.
- By Order of March 20, 1972, the trial court granted the motion, finding it justified and reasonable to protect the rights of the accused.
- The said three accused were thus tried under Criminal Case No. 39-A.
- Dismissal of some accused and continuation against others
- In Criminal Case No. 39, after the widow Mrs. Estelita Eslamado concluded testimony, the fiscal filed a written motion to dismiss with respect to Romeo Acorio and Roberto Barrera for lack of evidence.
- The trial court granted the motion on March 22, 1972.
- Trial continued in Criminal Case No. 39 only against Jose Agbas, Rogelio Vito, Reynaldo Abayon, Herman Abayon, and Emperatriz Borja.
- In both cases, the lower court later convicted principal-acused and imposed death.
- Prosecution version: kidnapping circumstances and subsequent search/reporting
- Mrs. Eslamado testified to the events leading to abduction and the conduct of the abductors:
- Pedro Eslamado was a tenant of a parcel of land belonging to Hugo Durana.
- Emperatriz Borja claimed ownership of the land.
- On June 7, 1971 (noted as corrected to June 14, 1971 per transcript), Emperatriz Borja told Pedro that if he persisted in farming the disputed property, he would be arrested by her lawyer.
- On the evening of June 14, 1971, while Pedro and his wife were in their house in Bo. Cogon, Sigma, Capiz, someone called “Pedro, open the door… we’re members of the Philippine Constabulary.”
- The wife lit a homemade wick lamp but found that Mariano Aragon and Jose Juarez were already inside.
- Aragon and Juarez ordered Pedro to kneel and asked whether they had any homemade shotgun; Pedro’s wife answered she was afraid and gave a lamp to Pedro.
- Aragon and Juarez held Pedro at both sides of his collar and below his armpits and dragged him out.
- Pedro’s wife was blocked downstairs by Rogelio Vito, Reynaldo Abayon, and Jose Agbas, who pointed homemade shotguns at her and told her to go upstairs.
- She followed while they dragged Pedro toward the field.
- Near a rice dike, the group put out the lamp.
- She ran toward the house of their landlord, Hugo Durana, and reported the incident.
- The following morning, she asked policeman Ordanoso if her husband had been brought by the P.C., and receiving no positive answer, she reported to P.C. headquarters in Loctugan Hills, Roxas City.
- The lower court’s decision referenced this testimony as the prosecution’s version in Criminal Case No. 39.
- Alleged confessions by P.C. investigations and their documentary labels
- The prosecution relied heavily on extrajudicial confessions purportedly taken during P.C. investigations in connection with alleged NPA activity in the area.
- Mariano Aragon:
- In the morning of July 14, 1971, while Aragon was being investigated at the P.C. Headquarters at Loctugan Hills, Roxas City, for gathering information on alleged NPA at Quinabcaban, Dao, Capiz, Aragon revealed he was with the group that kidnapped and killed Pedro Eslamado and that the group was headed by Alexander Rebosora.
- Aragon also revealed where they buried the victim.
- His statement was marked as Exhibit “G” and the English translation as Exhibit “H”.
- Reynaldo Abayon:
- On July 16, 1971, Sgt. Gardonio investigated and took the statement of Reynaldo Abayon at the office of the Chief of Police of Dao, Capiz.
- The purpose again related to NPA activities since Abayon was suspected as being a member....(Subscriber-Only)