Case Digest (G.R. No. L-4911)
Case Digest (G.R. No. L-4911)
Facts:
People of the Philippines v. Bulalakao Mamasalaya, et al., G.R. No. L-4911. February 10, 1953, the Supreme Court En Banc, Montemayor, J., writing for the Court.The prosecution charged Bulalakao Mamasalaya and ten other Moros, and Lt. Mucio P. Cabelin together with several noncommissioned officers and enlisted men of the Philippine Constabulary, with quadruple murder in the Court of First Instance of Cotabato (Crim. Case No. 772). Before trial the provincial fiscal dismissed the information as to three constabulary accused; one constabulary man was missing in action and one Moro died in detention. After trial the CFI acquitted the remaining constabulary NCOs and enlisted men for lack of proof, but convicted Lt. Cabelin and nine Moros (including Bulalakao) of quadruple murder and sentenced them to 20 years' reclusion temporal plus indemnities to the victims' heirs.
The convicted defendants appealed to the Court of Appeals. The Court of Appeals agreed that the defendants' guilt had been established beyond reasonable doubt but found the presence of several aggravating circumstances warranting the death penalty and/or reclusion perpetua; because of the severity of the penalty the CA certified the case to the Supreme Court for final determination.
The factual background as found by the Court: in March 1949 Bulalakao reported to local constabulary officers that armed bandits and cattle rustlers were hiding in houses at Sapalan (Dinaig, Cotabato). Acting on that report — and on a confidential government report of widespread loose firearms and a recent ambush of a patrol — a patrol of sixteen PC men under Lt. Cabelin, with Bulalakao as guide, conducted a night approach and, at dawn on March 29, deployed 25–35 yards from three houses. A firefight occurred: the defense witnesses said the patrol was first fired upon, that the patrol called out it was Constabulary before returning fire, and that several men fled the houses; prosecution witnesses denied any prior fire from the houses. After the assault four persons in the three houses were found dead (including Datu Benito Mamasalawa, Mesalama Landing, and two children), a carbine and shotgun (unlicensed) were recovered, and empty shells were seized and later ballistically examined, showing at least some carbine shells were fired from the carbine found. Some of the ten Moros were alleged by prosecution to have accompanied the patrol and taken part in the firing; the defense insisted only Bulalakao accompanied the patrol as guide and that the other Moros later joined but did not fire.
On review of the record the Supreme Court affirmed the acquittal of the nine Moro civilians (other than Bulalakao), acquitted Lt. Cabelin, and found Bulalakao Mamasalaya guilty of quadruple murder with aggravating circumstances (evident premeditation, dwelling, abuse of superior strength), imposing reclusion perpetua (death not imposed for lack of necessary votes) and ordering indemnities as in the trial court's judgment. Justice Tuason filed a dissent limited to the acquittal of Cabelin.
The case reached the Supreme Court by certification from the Court of Appeals (certified because of the aggravated penalty recommendation); the Court rendered its decision on February 10, 1953.
Issues:
- Were the nine Moro civilians (Pasukong Mamasalaya, Pasudol Mamasalaya, Buden Ebad, Palti Ebad, Kali Tambis, Mampok Hadji Adil alias Tahil Kagui Adil, Alioden Kusa, Abedin Moro, and Mua Zambagaw) proven guilty beyond reasonable doubt of quadruple murder?
- Was Lt. Mucio P. Cabelin criminally liable for the quadruple murders, or was his conduct excused by an honest mistake of fact or other justifying circumstance?
- Was Bulalakao Mamasalaya criminally liable as principal in the quadruple murder and what penalty should be imposed?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)