Case Summary (G.R. No. L-8919)
Autopsy Findings and Cause of Death
Dr. Vicente P. Llado performed the post-mortem examination and produced a signed report (Exhibit C). The autopsy recorded multiple entrance and exit gunshot wounds, including a frontal gunshot wound with exit at the left side of the head; wounds to the left arm and forearm; and a wound above the right clavicle with exit near the spinal cord between the scapulae. The stated cause of death was severe hemorrhage due to a gunshot wound of the frontal region of the forehead.
Statements and Affidavits by the Appellant
During investigation, Cipriana Tadeo identified Agustin Mangulabnan as one of the intruders. When investigated, Mangulabnan signed and subscribed affidavits before the Justice of the Peace admitting participation in the robbery and killing (Exhibits A and B). Subsequently, he executed another affidavit before the Clerk of Court (Exhibit D) in which he admitted other allegations but exculpated Crispin Estrella from prior implication.
Procedural History and Trial Court Disposition
A complaint for robbery with homicide was filed and later amended to include named co-defendants and two unidentified persons. The case was tried in the Court of First Instance of Nueva Ecija. The trial court convicted Agustin Mangulabnan of robbery with homicide and sentenced him to reclusion perpetua; ordered indemnities of P400 to Monica del Mundo, P132 to Cipriana Tadeo, and P6,000 to the heirs of Vicente Pacson; and awarded costs. Dionisio Sarmiento was acquitted. The information against the remaining defendants who were at large was dismissed for lack of evidence.
Motion for New Trial and Court’s Assessment
Appellant moved for a new trial on the ground of newly discovered evidence, supporting the motion with affidavits of Dr. Numeriano D. Lustre, Marino Ventura, Marcosa Mudlong, and Patricio Gonzales. The trial court denied the motion for lack of merit. On appeal the Supreme Court reviewed the settled requisites for a new trial based on newly discovered evidence: (a) discovery after trial; (b) inability to have discovered such evidence before trial with reasonable diligence; and (c) materiality of the evidence, not merely cumulative or impeaching, and of such weight as would probably change the judgment. The Court found the proffered affidavits did not satisfy these requisites and thus the denial was proper.
Admissibility and Evaluation of Exhibits
The post-mortem report (Exhibit C) was a carbon copy but bore the signature of the physician and was identified at trial; the Court held this was admissible and that appellant had failed to object contemporaneously, rendering his later objection untimely. Conversely, Exhibit 1 — an affidavit purportedly of Sgt. Adan Fernando recounting confiscation of arms and a positive ballistic report linking weapons of named civilians — was rejected by the lower court and sustained as inadmissible by the Supreme Court because it contained hearsay and, in substance, was immaterial given that two of the three intruders remained unidentified.
Legal Characterization: Robbery with Homicide and Joint Liability
The Supreme Court affirmed that the crime was robbery with homicide under Article 294, No. 1 of the Revised Penal Code. The Court relied on appellant’s admissions and Cipriana’s testimony to establish appellant’s participation in the robbery and the common concerted plan. The decision applied established doctrine that participants in a common design are jointly liable for offenses committed in pursuance of that design; unity of purpose and action arising from common design renders all parties responsible for results, irrespective of each person’s specific role. The Court further observed that for the classification as robbery with homicide it suffice
...continue readingCase Syllabus (G.R. No. L-8919)
Title and Citation
- Reported at 99 Phil. 992.
- G.R. No. L-8919.
- Decision rendered September 28, 1956.
- Case captioned: The People of the Philippines (Plaintiff and Appellee) v. Agustin Mangulabnan alias Guinita, Dionisio Sarmiento, Arcadio Balmeo, Patricio Gonzales, Florentino Flores, Crispin Estrella, Felipe Calison, Pedro Villareal, Claudio Reyes, "Peter Doe" and "John Doe" (Defendants); Agustin Mangulabnan (Appellant).
- Opinion authored by Justice Felix; concurrence by Paras, C.J., Padilla, Montemayor, Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L., and Endencia, JJ.
Facts of the Offense — Time, Place, and Immediate Events
- Date and approximate time: about 11:00 o'clock in the evening of November 5, 1953.
- Location: residence of spouses Vicente Pacson and Cipriana Tadeo, barrio Tikiw, San Antonio, Nueva Ecija.
- Initial event: reports of gunfire awakened household members — Vicente Pacson, Cipriana Tadeo, four minor children, and Cipriana's mother, Monica del Mundo.
- Vicente Pacson shouted to "Tata Pisio" that persons were approaching and hid inside the ceiling.
- Entry method: someone broke the kitchen wall; shortly after, an intruder entered the dining room and demanded that the door to the living room be opened.
- When no one complied, the intruder removed three board pieces in the wall and entered the living room through the opening.
- The intruder armed with a hunting knife was recognized by Cipriana Tadeo as Agustin Mangulabnan, previously known to her.
- Agustin removed an iron bar from the balcony door, opened it, and two additional persons whose identities were not ascertained entered.
Acts Committed Inside the House — Robbery and Violence
- Agustin Mangulabnan approached Cipriana Tadeo and snatched from her neck a necklace valued at P50, and also took P50 in paper bills and P20 in silver coins from her.
- One unidentified marauder searched Monica del Mundo and took P200 in cash and a gold necklace valued at P200.
- The same unidentified individual demanded Monica's diamond ring; when she could not produce it, he struck her twice on the face with the butt of his gun.
- A terrified child cried out; the unidentified person moved to strike the child but Monica warded off the blow with her right arm.
- The second unidentified intruder climbed on a table and fired his gun at the ceiling.
- After the shooting and robbery, appellant and the two unidentified companions left the premises.
- After their departure, Cipriana found Vicente Pacson lying face downward, already dead.
Victim Injuries and Autopsy Findings (Exhibit C)
- Autopsy performed by Dr. Vicente P. Llado; post-mortem report dated November 6, 1953 (Exhibit C).
- Identified cadaver: Vicente Pacson, age 37, married, resident of barrio Tikiw, San Antonio, Nueva Ecija.
- Time autopsy taken: 8:20 a.m.
- Recorded wounds:
- Entrance fracture of the frontal region of the head due to gunshot wound; exit wound at left side of head, about the upper portion of the left ear.
- Entrance gunshot wound: left lateral side of the left middle arm; exit wound: inner side of left arm.
- Entrance gunshot wound: left lateral of the left forearm; exit: left inner side of left forearm.
- Entrance gunshot wound: approximately 2 inches above the middle of the right clavicle; exit gunshot wound at the back in the region of the spinal cord between the two scapulae.
- Stated cause of death: severe hemorrhage due to gunshot wound of the frontal region of the forehead.
- The post-mortem report is a carbon copy but was signed by the physician and his signature was identified at trial.
Identification and Admissions by Appellant (Exhibits A, B, D)
- Cipriana Tadeo identified Agustin Mangulabnan as one of the malefactors who entered their house during the incident.
- During investigation, Agustin Mangulabnan voluntarily subscribed before the Justice of the Peace of San Antonio, Nueva Ecija, an affidavit admitting participation in the robbery and killing of Vicente Pacson (Exhibits A and B).
- Subsequently, he subscribed another affidavit before the Clerk of Court in which he exculpated Crispin Estrella from participation, while admitting the truth of other allegations contained in his earlier affidavit (Exhibit D).
Investigation, Ballistics, and Other Affidavits (Exhibit 1 and Hearsay)
- The incident was reported to the police the same evening.
- Sgt. Adan Fernando purportedly executed an affidavit (Exhibit 1) stating:
- Chief of Police of San Antonio picked up empty shells of Cal. 30, Carbine type and delivered them to Corporal Lopez.
- Civilian Commando of barrio Pulo, San Isidro, Nueva Ecija, was suspected; arms were confiscated, among them arms registered under Pedro Villareal and Claudio Reyes.
- Ballistic experts in Camp Crame allegedly found a positive match as per a ballistic report.
- The Court characterized the latter portion of Sgt. Fernando's affidavit as hearsay.
- The Court also observed that the ballistics matter was of no consequential importance given that two of the three intruders were unidentified.
Charges, Amendment, and Defendants
- Complaint initially filed in the Justice of the Peace Court of San Antonio, Nueva Ecija, against Agustin Mangulabnan alias Guinita, a surrendered Huk, and ten other unidentified persons.
- Complaint amended on January 13, 1954, to include named defendants: Dionisio Sarmiento, Arcadio Balmeo, Patricio Gonzales, Florentino Flores, Crispin Estrella, Pedro Villareal, Claudio Reyes, and "Peter Doe" and "John Doe" who remained at large.
- After preliminary investigation, case forwarded to the Court of First Instance of Nueva Ecija; defendants were accused of robbery with homicide.
Trial Court Proceedings, Verdict and Sentence
- The Court of First Instance found Agustin Mangulabnan guilty of robbery with homicide.
- Sentencing ordered:
- Reclusion perpetua.
- Indemnify Monica del Mundo in the sum of P400.
- Indemnify Cipriana Tadeo in the su