Case Digest (G.R. No. 64323-24)
Facts:
People of the Philippines v. Col. Vicente D. Lucero, Jr. and 1st Lt. Benjamin Santiago, G.R. Nos. 64323-24, May 31, 1991, Supreme Court Second Division, Paras, J., writing for the Court.Two informations, both dated July 9, 1979, were filed in the then Court of First Instance of Basilan, Sixteenth Judicial District, charging Col. Vicente S. Lucero, Jr. and 1st Lt. Benjamin P. Santiago with murder (Art. 248, Revised Penal Code) for the killings of Tarzan Sahidni (Crim. No. 303) and Sahiddi Adjuk (Crim. No. 304) allegedly committed on November 27, 1978 at Dasalan Island, Lantawan, Basilan. The informations alleged that the accused, with four John Does, conspired and by order caused soldiers to shoot the victims and that their ears were mutilated and ordered eaten by community leaders.
At trial before the Regional Trial Court of Isabela, Basilan, Ninth Judicial Region, Branch I (Judge Jainal G. Rasul), the prosecution presented seven witnesses—primarily local religious leaders and residents (Imam Jailani Jumdam, Imam Andam Jumahali, Jaafar Anong, Said Radji Usman, Hadji Hassin Alih, Amil Mohail) and Capt. Rodolfo Valmoria (medico-legal officer). Their testimonies described soldiers rounding up the male inhabitants, separating them in a schoolhouse, and the two victims being taken out and shot; several witnesses identified Lt. Santiago as the officer who ordered the shooting and placed Col. Lucero inside the school building, allegedly doing nothing to stop the killings. Valmoria conducted an exhumation of Sahiddi’s remains and reported skeletal injuries consistent with violent death.
The defense offered testimony from military officers and civilians, including the accused, asserting that the operation (OPLAN KATURAY) was a legitimate military sweep; Col. Lucero maintained he remained at a command post some 350 meters from the schoolhouse directing operations by radio and never ordered the killings; the defense advanced alternative accounts that one victim was shot while attempting to flee and another in an alleged attempt to seize a rifle. The defense witnesses produced inconsistencies in prosecution witnesses’ affidavits and testimony and presented an alibi/command-post narrative for Col. Lucero.
On April 4, 1983, the trial court convicted both accused beyond reasonable doubt of two counts of murder and sentenced each to reclusion perpetua (life imprisonment), ordered ...(Subscriber-Only)
Issues:
- Did the prosecution prove the guilt of the accused beyond reasonable doubt?
- Was there sufficient proof that 1st Lt. Benjamin Santiago ordered the four soldiers to shoot Tarzan Sahidni and Sahiddi Adjuk?
- Was Col. Vicente Lucero, Jr. criminally liable under the doctrine of command responsibility or as co-principal by conspiracy for the killings?
- Did the trial court correctly apply the rule that positive evidence is superior to negative evidence in assessing wi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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