G.R. No. L-11870 - People vs. Cruz

Case Summary (G.R. No. L-11870)

Petitioner and Respondent

Petitioner/Respondent roles as presented in the record: The People of the Philippines as plaintiff and appellee; Fermin Tolentino, Benito Cruz and Paterno Cruz as defendants and appellants on appeal from convictions imposed by the Court of First Instance of Rizal.

Key Dates

Alleged criminal course: beginning about May 28, 1946, and continuing thereafter. Specific incidents alleged: raid on the Hardie Farm on March 20, 1951; various engagements and raids occurring from 1948 through 1952 (e.g., Orani/Orani–Bataan raids, Camp Makabulos attack in August 1950, the Ambush at Salubob killing Mrs. Aurora A. Quezon on April 28, 1949). Arrests and confessions: appellants Benito and Paterno Cruz apprehended July 26, 1951; Tolentino apprehended May 27, 1953. Supreme Court decision rendered October 16, 1961.

Applicable Law

The information charged a complex crime described as “rebellion, with multiple murder, robberies and arsons,” alleging conspiracy and participation in the Hukbong Mapagpalaya ng Bayan (HMB, or Hukbalahap) to rise against the Government. The Supreme Court applied the Revised Penal Code, in particular Article 135, for assessing the culpability and appropriate penalties of those who as commanders or members participate in rebellion. The Court treated the appellants’ acts as means in furtherance of rebellion and therefore classified the proper offense as simple rebellion rather than the complex crimes originally charged.

Facts — Allegations in the Information

The information alleged that defendants, as ranking officers, members or affiliates of the Communist Party and its armed force (HMB), conspired to and did rise publicly and take up arms against the Government, committing raids, ambushes, attacks, murders, pillage, lootings, arsons and organized requisitions from civilians to sustain the insurgency. The information specified numerous incidents by date and place, including the March 20, 1951 raid of the Hardie Farm (Antipolo, Rizal) where items were taken and three persons (John D. Hardie, Donald Capuano, and Irene W. Hardie) were shot to death.

Evidence Adduced by the Prosecution

Physical recovery of property taken from the Hardie Farm (typewriter and radio, Exhibits A and B) from a captured Huk camp following a combat patrol.
Testimony of former HMB members Nicolas Lipunan and Tomas Timbresa that Benito and Paterno Cruz participated in the Hardie Farm raid and that Benito Cruz was among the shooters.
Affidavits/statements (Exhibits V, X, AA, Y) attributed to Benito and Paterno Cruz, in which they admitted being Huks; Benito admitted rank as a Huk Commander known as “Commander Saling” with men under him; Paterno confirmed aspects of Benito’s admission. Investigators recovered arms at a location they had identified after alleged defection.
For Tolentino: testimony of former HMB members (Onofre de Jesusa and Pablo Guinto) detailing commands held and participation in multiple raids and attacks, including allegations of arson and killings (Orani, Camp Makabulos, Hermosa, Morong, etc.).
Military testimony (Capt. Julio Dimagiba) regarding corpses from attacks bearing tags reading “Ako ang pumatay, Commander Caviteno” (alias attributed to Tolentino).
Multiple written statements and confessions by Tolentino (Exhibits BB, OO, PP, HH, II, etc.), given on separate occasions, setting out his membership, ranks, units, operations, and specific encounters.

Defendants’ Defenses and Counter-Evidence

Benito and Paterno Cruz: asserted that their affidavits and confessions were made under duress and therefore unreliable; introduced testimony from Montalban residents vouching for their peaceful and law‑abiding character; Paterno denied participation in the Hardie Farm raid or any knowledge of the Huks.
Fermin Tolentino: admitted Huk membership but denied holding rank or the alias “Commander Caviteno,” and later alleged maltreatment by army agents forcing him to sign statements. He introduced witnesses (Lauro David and Remigio Soliman) to corroborate parts of his denials.

Trial Court Findings on Credibility and Evidence

The trial court found the prosecution’s evidence, including confessions and testimony of former Huks and military witnesses, overwhelming and credible. The court concluded that appellants’ allegations of duress were unsupported: appellants failed to identify alleged maltreating soldiers, showed no visible signs of maltreatment, and their statements contained exculpatory details inconsistent with the claim of coercion. The trial court rejected the exculpatory community testimony as insufficient to overcome the prosecution’s evidence and the appellants’ own admissions.

Issues on Appeal

Whether appellants’ acts constituted the complex crime charged (rebellion with murder, robbery and arson) or should be classified as simple rebellion.
Whether the confessions and other evidence against the appellants were voluntaril y made and sufficiently credible to sustain convictions.
Whether alleged coercion or maltreatment vitiated the confessions and admissions.

Supreme Court Legal Analysis

The Supreme Court agreed with the trial court’s factual findings as to participation and credibility of confessions and corroborating testimony. On the legal characterization of the offense, the Court held that the acts alleged were means employed in furtherance of rebellion and therefore constituted simple rebellion rather than a complex crime of rebellion joined with separate felonies (murder, robbery, arson) as independent offenses. The Court relied on precedents and on the statutory treatment in Article 135 of the Revised Penal Code delineating penalties for those who, as commanders or members, participate in rebellion.

Ruling and Modification of Sentence

The Supreme Court affirmed the convictions but modifie
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Case Syllabus (G.R. No. L-11870)

Court and Citation

Reported at 113 Phil. 205; G.R. No. L-11870; Decision dated October 16, 1961.
Decision authored by Justice Concepcion; concurrence by Bengzon, C.J., Bautista, Angela, Labrador, Reyes, J.B.L., Paredes, and De Leon, JJ.
Dissent on point of law only by Justice Padilla (referring to his opinion in People v. Geronimo).

Nature of the Appeal and Parties

Appealed from a decision of the Court of First Instance of Rizal.
Appellants: Fermin Tolentino, Benito Cruz, and Paterno Cruz (defendants and appellants).
Appellee: The People of the Philippines (plaintiff and appellee).
Lower court had convicted appellants of "rebellion with robbery with homicide" (Benito and Paterno Cruz) and "rebellion with arson, with murder and robbery" (Fermin Tolentino).
The case reached the Supreme Court with the penalty imposed being life imprisonment on the appellants prior to modification by the Court.

Information Filed and General Allegations

Provincial Fiscal of Rizal filed an information on or about November 23, 1953, charging appellants and others with the "complex crime of rebellion, with multiple murder, robberies and arsons."
Accused alleged to have been ranking officers and/or members or affiliates of the Communist Party of the Philippines and the Hukbong Mapagpalaya ng Bayan (HMB / Hukbalahap, hereafter "Huks").
Allegation that appellants conspired with members and affiliates (including named co-accused in Politburo cases and many others unknown) to promote and direct the HMB to rise publicly and take up arms against the Government of the Republic of the Philippines to remove allegiance of territory and to commit acts in furtherance of rebellion.
The information charged that, as part of the conspiracy and in furtherance thereof, accused committed armed raids, sorties, ambushes and attacks upon Philippine Constabulary, Civilian Guards, Police, Army detachments and ordinary civilians, and committed murders, pillages, lootings, plunders, arsons and planned destruction of property to create terror and to secure supplies through force and intimidation.

Specific Acts Alleged in the Information (Enumerated Incidents I to X)

I: March 20, 1951, Antipolo, Rizal — Benito Cruz allegedly led armed Huks (including Paterno Cruz) to enter the Hardie residence, commit robbery of items valued about P5,000, tie the hands of John D. Hardie and Donald Capuano and shoot them to death together with Irene W. Hardie.
II: March 21, 1951, Pililla, Rizal — About 70 armed members of FC 32 of the HMB led by Commander Robert fought Co "D" of the 14th BCT, AFP under Capt. Conrado Cabague.
III: April 21, 1951, Moron, Bataan — Fermin Tolentino, as Commanding Officer of FC 25, led some 70 armed members in an attack against AFP detachment resulting in deaths and injuries; similar attacks in Hermosa, Bataan the same year.
IV: November 15, 1952, San Mateo, Rizal — Domingo dela Torre and about 12 armed men (FC 46, RECO 4) solicited food from civilians and fought elements of the 7th BCT and Civilian Commando Unit of Montalban.
V: April 5, 1951, Sitio Malabayas, Sampaloc, Tanay, Rizal — AFP had encounter with about 50 armed Huks under Commander Silang, resulting in one Huk dead, two enlisted men dead and another enlisted man wounded.
VI: December 11, 1951, Sitio Kaulanog, Tanay, Rizal — AFP engaged about 14 armed Huks under Commander Aladdin; one enlisted man wounded.
VII: April 28, 1949, Salubsob (km 62), Bongabong, Nueva Ecija — HMBs led by Commanders Viernes, Marzan, Lupo and Mulong ambushed and fired upon the party of Mrs. Aurora A. Quezon and her PC escort, resulting in multiple deaths (including Mrs. Aurora A. Quezon) and injuries to others.
VIII: August 25, 1950, Camp Makabulos, Tarlac — HMB raid, burning of buildings and killings, including Maj. E. D. Orlino, Capt. E. D. Cruz, Lts. and enlisted men and a Red Cross nurse.
IX: August 26, 1950, Sta. Cruz, Laguna — About 100 HMBs forcibly took the Provincial Treasury cashier Vicente Reventar to open the vault and removed more than P80,000 in various denominations; they also took typewriters and office supplies and burned and looted private buildings.
X: General allegation that leaders, members and affiliates of the Communist Party and HMB committed similar acts of murders, arsons and kidnappings throughout Rizal and other provinces.

Facts Relating to the Hardie Farm Raid (March 20, 1951)

In the evening of March 20, 1951, the Hardie Farm in Antipolo was raided by Huks: premises ransacked; typewriter and radio set, stationery, clothing, foodstuffs and various items were taken.
The raiders tied the hands of John D. Hardie and foreman Donald Capuano and shot them to death together with Mrs. Hardie.
A combat patrol led by Capt. Conrado M. Cabagui later located and attacked a Huk camp in the Sierra Madre Mountains; they recovered among other objects the radio set and typewriter (Exhibits A and B) taken from the Hardie Farm.

Arrests, Confessions, and Recovery of Arms

On July 26, 1951, appellants Paterno Cruz and Benito Cruz were apprehended in barrio San Rafael, Montalban, Rizal, by soldiers under Capt. Jose Carandang, 19th BCT, together with several others.
Upon investigation, appellants made affidavits labeled Exhibits V, X, AA and Y admitting being Huks.
Benito Cruz admitted having risen to the rank of Huk Commander, being known as Comm