Case Digest (G.R. No. L-3012)
Facts:
The People of the Philippines v. Osias De La Cruz et al., G.R. No. L-3012, January 09, 1951, the Supreme Court En Banc, Montemayor, J., writing for the Court.An elderly landowner, Juan Cadiz, sold land in Bacarra, Ilocos Norte and kept P1,500 in proceeds while staying at his nephew Mariano Macadangdang’s house. News of the money spread and, on the night of December 18, 1947, six men—including Osias de la Cruz, Jose Baxa, Manuel Marcos, and Carmelo Tumamao—approached the house apparently to effect a nighttime robbery. One of the party called out as if a peace officer; a shot was fired under the house; a struggle at the door followed and, while resisting with a bolo, Juan Cadiz was shot through the door by a .45 caliber pistol and mortally wounded.
Municipal and military police later arrested several participants. While confined, Baxa, Tumamao and Marcos executed written statements (Exhibits E, G, H) confessing their participation in the attempted robbery and implicating Osias de la Cruz as the instigator; these affidavits were sworn to before the Justice of the Peace and their contents were subsequently corroborated by testimony taken at the preliminary investigation (Exhibits F, J, I). Two other alleged accomplices, Serafin Florentino and Marcelo Cadelinia, were excluded from the information to be used as government witnesses; only Cadelinia actually testified for the prosecution at trial.
At the Court of First Instance, the fiscal prosecuted the remaining defendants. Judge Manuel P. Barcelona found Baxa, Tumamao and Marcos guilty of attempted robbery with homicide under Article 297 of the Revised Penal Code, with nocturnity and dwelling as aggravating circumstances, and sentenced each to reclusion perpetua, ordered joint and several indemnity of P6,000 to the heirs of Cadiz, and imposed costs. The three defendants appealed to the Supreme Court. Pending appeal, by resolution dated March 14, 1950, Baxa’s motion to withdraw his appeal was granted and judgment was entered accordingly, leaving the appeal to this Court by Manuel Marcos and Carmelo Tumamao.
At trial and on appeal the defendants contended their written confessions were obtained by force and intimidation and that they did not share the homicidal intent or participate in the shooting; t...(Subscriber-Only)
Issues:
- Were the written statements (affidavits) of Marcos and Tumamao involuntary and improperly admitted in evidence?
- Can Marcos and Tumamao be held criminally liable for attempted robbery with homicide although they did not personally fire...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)