Case Digest (G.R. No. 981)
Facts:
At about 11 to 12 o’clock at night on March 21, 1901, twelve armed men assaulted the house of Dona Ana Muriel in Lubang, Cavite and stole jewelry, clothing, documents, and about $120 in cash. They bound Tranquilino Torres, took him with them to the barrio of Maliig, and killed him, burying his body in a hole. About five or six days later, notices were posted that Torres’s body could be found there, disinterred and devoured by dogs; the municipal president and townspeople found a skull, bones, clothing, a hat, and a rope about 3 yards long, which Torres’s son and other witnesses identified as those of the victim.The trial court convicted nine defendants for murder, despite the Solicitor-General’s position that the information was defective and despite motions invoking amnesty. The case reached review, while two other defendants had been acquitted below without appeal.
Issues:
- Whether the killing of Tranquilino Torres constituted murder qualified by alevosia.
- Whether the tria
Case Digest (G.R. No. 981)
Facts:
- Assault, robbery, and kidnapping in Lubang, Cavite
- Between eleven and twelve o’clock at night on March 21, 1901, twelve men armed with guns and bolos assaulted the house of Dona Ana Muriel in Lubang, Cavite Province.
- The assailants stole jewelry, clothing, documents, and some $120 in cash.
- The assailants bound Tranquilino Torres, who lived in the house.
- The assailants took Tranquilino Torres to the barrio of Maliig near the house of Pedro Villaflores.
- While in the custody of the assailants, the men killed Tranquilino Torres and buried him in a hole dug for that purpose.
- Discovery of the remains and identification by witnesses
- Five or six days after the killing, notices were posted in different parts of the town and on the door of the assaulted house.
- The notices stated that in the barrio of Maliig the body of Tranquilino Torres could be found disinterred and devoured by the dogs.
- The municipal president, Toribio Aguilar, accompanied by assistants and townspeople including Manuel Torres, the son of the dead man, went to the designated place.
- A skull, bones, and other human remains were found scattered near a grave.
- Near the grave were clothing, a hat, and a piece of rope about three yards in length.
- The son of the deceased and Gumersindo Abeleda and Mariano Tularino identified the clothing and hat as those worn by Tranquilino Torres in his lifetime.
- The son stated that his father had lost a tooth from the upper jaw, and a similar defect was observed in the skull found.
- All present concluded that the human remains were those of Tranquilino Torres.
- Prosecution evidence identifying the nine defendants
- Ana Muriel, the complaining witness, designated Felix Aguilar, Emiliano Cajayon, Quintin de Lemos, Tomas Ramirez, and Candido Aguilar as the malefactors who, with two other persons unknown, entered her house on the night in question, stole jewelry and money, and carried off Tranquilino Torres.
- Ana Muriel stated that she had known those five men before the night in question.
- She stated that she recognized them when they struck a light.
- She observed that three had guns and the others carried revolvers.
- The witnesses Gumersindo Abeleda, Antonio Orayani, Mariano Tularino, Tomas Sanchez, and Cornelio Tamayosa corroborated that there was a disturbance in town because of the assault on Ana Muriel’s house.
- Gumersindo Abeleda added that as justice of the peace he went with the president to the house where the occurrence took place and was informed that Emiliano Cajayon, Quintin de Lemos, Gregorio Tria, Pioquinto Cajayon, and Tomas Ramirez were among the assailants.
- Abeleda also stated that he was present when the remains and clothing of Tranquilino Torres were found and that he believed Ana Muriel had some jewelry and money.
- Antonio Orayani stated that he knew Candido Aguilar, Emiliano Cajayon, Domingo Castillo, and one Pantenople were with the robbers.
- Simeon Villaluz testified that from his window he recognized Emiliano Cajayon, Quintin de Lemos, and Candido Aguilar among the malefactors.
- Villaluz stated that those three, accompanied by some others, entered Ana Muriel’s house about eight yards from his own, while the others positioned themselves outside.
- Mariano Tularino stated that among ten or twelve malefactors he recognized Emiliano Cajayon, Gregorio Tria, and Pioquinto Cajayon.
- Tomas Sanchez testified that among the malefactors he recognized Emiliano Cajayon, Candido Aguilar, Domingo Castillo, Felix Aguilar, Pioquinto Cajayon, Juan Sales, and one Pantenople.
- Sanchez testified that when the malefactors left, they carried with them Tranquilino Torres bound.
- Cornelio Tamayosa testified that while returning to Lubang from the barrio of Vigo he met armed malefactors on the road in the barrio of Maliig.
- Tamayosa stated that he recognized Mariano Aguilar, Emiliano Cajayon, Felix Aguilar, Tomas Ramirez, Juan Sales, Andres Teodoro, and Pantenople among them.
- Tamayosa stated that the malefactors were carrying Tranquilino Torres bound.
- Tamayosa further testified that he subsequently heard about the robbery and the recovery of the remains of Tranquilino Torres.
- Pedro Villaflores testified that one night near his house in Maliig he saw Emiliano Cajayon, Felix Aguilar, Quintin de Lemos, Candido Aguilar, and Tomas Ramirez armed with rifles and bolos.
- Circumstantial evidence of participation and conspiracy-like collective criminal purpose
- Manuel Torres, son of Tranquilino Torres, testified that he was in the house of Nazaria Villagracia when he heard his father’s voice calling him from the street through which he was passing, carried by several armed men.
- Manuel Torres testified that he did not leave the house because he was afraid.
- Manuel Torres stated that this was the last time he saw his parent.
- Manuel Torres testified that about five days afterwards human remains were found together with clothing and a hat he recognized as belonging to his father.
- He testified that he identified the skull because one tooth was missing.
- Manuel Torres testified that Pedro Malabanan, Pedro Torredisa, Juan Villamar, and Tomas Sanchez told him that his father had been kidnapped by the malefactors.
- The evidence was held to show that on March 21, 1901, Tranquilino Torres was taken from Ana Muriel’s house in Lubang by a band of ten or twelve armed malefactors who tied him elbow to elbow and carried him away through the streets toward the barrio of Maliig.
- The evidence was held to show that after five or six days, placards posted in various places indicated that disinterred remains devoured by dogs could be found in Maliig.
- The evidence was held to show identification of the clothing, hat, rope, and remains as belonging to Tranquilino Torres.
- The evidence was held to show that Tranquilino Torres did not return to Ana Muriel’s house and was not seen in Lubang after that time.
- The Court inferred guilt because his remains were found in the barrio where he had been seen in the defendants’ custody.
- The Court further considered that Candido Aguilar, Domingo Castillo, Mariano Aguilar, Quintin de Lemos, Gregorio Tria, and Emiliano Cajayon lived in the barrio of Tilig about four hours’ walk from Lubang and far beyond Maliig.
- Between three and four o’clock in the morning of the day following the occurrence, those defendants were said to have been aroused by excitement among people of Tilig caused by the robbery and kidnapping.
- The defendants stated that when they left their house they met Quintin de Lemos, Gregorio Tria, Emiliano Cajayon, Mariano Aguilar, and several others in the street discussing the occurrence.
- The Court held it incredible that the news spread so soon to a distant barrio unless the defendants had just arrived from Maliig, where Tranquilino Torres had been murdered.
- Lower court outcome and appeal posture
- The Court found the evidence sufficient to establish beyond doubt the guilt of the nine named defendants as principals in the murder.
- The decision stated that the judgment of the court below would not affect two defendants acquitted by the court below because no appeal had been taken against the acquittal.
- The Solicitor-General requested that the judgment be set aside, reversed, and that a new information be filed, but the Court denied the motion.
- Handling of defective information argument and amnesty motion
- The Court held that the provisions of article 244 of the Penal Code were erroneously applied by the court below.
- The Court held that nocturnity was present as an aggravating circumstance und...(Subscriber-Only)