Case Digest (G.R. No. 17763)
Facts:
On June 19, 1920, in the municipality of Macabebe, Pampanga, Liborio Bustos was assaulted during a traveling circus and died about June 21, 1920, from a fatal dagger wound to the left side of his abdomen, with perforation of the stomach. Proceso Bustos, then municipal president, together with Felipe Bustos, Jose Blanco, Filomeno Sunga, Donato Benosa, and Irineo Cailao were convicted by the Court of First Instance of the Province of Pampanga of homicide, with the aggravating circumstance of advantage taken of superior strength, and each was sentenced to reclusion temporal of seventeen years, four months, and one day, plus indemnity and costs. Three others named in the information were acquitted and were not part of the appeal.The prosecution relied heavily on an ante mortem statement executed by the victim at about 1:40 a.m. of June 20, 1920, in contemplation of approaching death, and on corroborating testimony concerning the circumstances of its signing and contents. The defen
Case Digest (G.R. No. 17763)
Facts:
- Parties and procedural posture
- The appeal sought to reverse a judgment of the Court of First Instance of the Province of Pampanga convicting six persons—Proceso Bustos, Felipe Bustos, Jose Blanco, Filomeno Sunga, Donato Benosa, and Irineo Cailao—of homicide committed on June 19, 1920, in Macabebe, Province of Pampanga, upon the person of Liborio Bustos.
- The trial court imposed on each accused seventeen years, four months and one day of reclusion temporal, ordered them to indemnify jointly and severally the heirs in the sum of P1,000, and ordered each to pay the one-ninth part of the costs.
- Three other individuals—Alejandro Ronquillo, Francisco Reyes, and Roman Bondoc—were named in the original information as joint authors but were acquitted by the trial judge and were not part of the present appeal.
- The record involved an additional, intimately related prosecution: an independent case against Pablo Ocampo for the same homicide, in which Ocampo was convicted and also appealed.
- Because both prosecutions were related and the record was voluminous, the Court examined the records together in resolving the appeal in People vs. Bustos et al., G.R. No. 17763.
- Political and personal circumstances preceding the homicide
- Proceso Bustos was an influential resident of Macabebe and, at the time of the homicide, the municipal president.
- Felipe Bustos was Proceso’s cousin and was then municipal secretary.
- Donato Benosa appeared to have been an amanuensis in the president’s office.
- Filomeno Sunga served as chief of police.
- Irineo Cailao, Francisco Reyes, and Roman Bondoc were members of the police force under Sunga.
- Alejandro Ronquillo was a domestic servant of Proceso.
- Liborio Bustos was a prominent resident and cousin of Proceso.
- At the time of his death, Liborio Bustos was vice president of the municipality.
- Proceso Bustos had entertained, for months prior to June 19, 1920, a belief that Liborio Bustos had engaged in improprieties with Proceso’s wife, which belief engendered deep resentment and a sense of vengeance.
- Separately, political differences created animosity between Jose Blanco and Liborio Bustos.
- Relations between Liborio Bustos and Proceso Bustos were so strained that they did not speak to each other even in municipal council meetings.
- The antagonisms above made Liborio Bustos “not in friendly relations” with Proceso’s political group.
- Events on the night of June 19, 1920 at the circus
- On the night of June 19, 1920, a traveling circus performed in Macabebe.
- During the performance, inside the circus tent, an assault occurred resulting in Liborio Bustos’s death.
- Liborio Bustos entered the tent with his wife, his 14-year-old son Felicisimo, two small nieces, and a house girl or nurse.
- Liborio Bustos placed his family in the first row of seats to the right of the central aisle.
- He later needed a seat for himself and moved to a vacant chair located between Irineo Cailao and Alejandro Ronquillo.
- Proceso Bustos sat near by on the left of Irineo Cailao.
- Filomeno Sunga sat behind the chair taken by Liborio Bustos.
- After some acts and applause, while Liborio Bustos was applauding, the seizure and attack began:
- Alejandro Ronquillo seized Liborio’s right arm.
- Irineo Cailao seized Liborio’s left arm.
- Filomeno Sunga approached from behind, caught him by the hair with his right hand, and passed his left arm around Liborio’s neck.
- Others among the nine originally accused swarmed around and began striking the victim on the chest, face, and back.
- Felipe Bustos and Jose Blanco took conspicuous part in the assault.
- One or both of Felipe Bustos and Jose Blanco were armed with a revolver.
- Jose Blanco either struck Liborio in the forehead with the barrel of the revolver or pointed it threateningly at his head.
- The policemen used clubs on the deceased.
- Donato Benosa struck Liborio with brass-knucks or with his fist.
- During the assault, Felipe Bustos called aloud more than once, “kill him.”
- The commotion attracted attention of the elder members of Liborio’s family seated almost directly across.
- Felicisimo Bustos noticed the trouble first and crossed the ring to a vantage point near the assailants, followed by the victim’s wife.
- Proceso Bustos approached with a dagger.
- When the wife threw herself in front of Proceso and besought him not to harm her husband, Proceso shoved her down.
- Proceso then entered the circle where Liborio stood and stabbed him with an upward movement of the right hand, striking him in the left epigastric region with a dagger.
- The stab inflicted a wound several inches deep, perforating the stomach in two places.
- After Proceso inflicted the wound, the assailants desisted from further attack.
- The wife, assisted by Julian Mendoza, approached the injured person and tended to him.
- Weakened and exhausted, Liborio Bustos left the circus supported by his wife and Julian Mendoza, conducted to the residence of his mother about one hundred and fifty meters away.
- Some details were disputed in the proof, including claims that Ronquillo signaled the group by an exclamation about drawing a revolver, and conflicting assertions about whether Liborio was armed.
- The Court treated the “revolver” exclamation as likely a ruse intended to mislead bystanders, and the voluminous record contained uncertainties that were not relied upon if not established with sufficient certainty.
- Medical treatment, death, and proof regarding the wound
- At the mother’s house, Liborio Bustos was initially placed on a chair, then later inside on a bed in the front room.
- At about 9:00 p.m., physicians Jose Talag and Lazaro Yambao arrived.
- Upon casual examination, the wound was seen to be serious.
- Dr. Yambao warned that nausea and vomiting would indicate danger through peritonitis from perforation of the intestines and that the patient would need immediate transport to Manila for operation.
- Nausea and vomiting developed later that night; arrangements were made to take Liborio to Manila.
- An automobile was procured; Liborio left Macabebe between 1:00 and 2:00 a.m. of June 20, accompanied by a physician and other persons.
- After a slow journey due to his condition, the party arrived at the Philippine General Hospital at about 8:00 a.m.
- An operation was performed, but Liborio began to sink and died in the evening, about twenty-four hours after the injury was inflicted.
- During operation and subsequent post mortem autopsy, physicians found the weapon perforated both the anterior and posterior walls of the stomach.
- Additional bruises were found on the breast, back, forearms, and on the face; a considerable bruise was found between the eyebrows.
- Neither physician could state with certainty whether the instrument had two cutting edges or only one.
- The stroke direction was from below upwards.
- Statements showing anticipation of death and the ante mortem declaration
- The Court found it conclusively shown that from the beginning Liborio believed the injury was fatal and that death was certain.
- While sitting in the chair in front of the mother’s house, Justice of the Peace Aureliano Dizon arrived.
- Liborio said: “Judge, I am going to die,” and noted he had been attacked by Proceso Bustos, Felipe Bustos, and the policemen.
- Liborio told his son Felicisimo not to cry, assured him of continued support for studies, asked to call a priest for confession, and referenced the family’s ability to avoid poverty.
- Father Guevara (parish priest) was sent for, came, took the confession, and administered the last sacrament.
- Liborio objected to being taken to Manila because he believed it would be useless....(Subscriber-Only)