Case Summary (G.R. No. L-32126)
Parties
Plaintiff‐Appellee: The People of the Philippines
Accused‐Appellants: Nemesio Talingdan, Magellan Tobias, Augusto Berras, Pedro Bides, Teresa Domogma
Key Dates
– June 22, 1967: Quarrel between Bernardo and Teresa; Talingdan’s threat.
– June 23, 1967, morning: Meeting of Teresa with the four male accused in a hut near the creek.
– June 24, 1967, evening: Victim shot to death at home.
– August 5, 1967: Corazon’s sworn statement.
– July 6, 1978: En banc Supreme Court decision.
Applicable Law
– Offense: Murder, qualified by treachery, evident premeditation, and commission in the dwelling.
– Accessory Liability: Article 19(3), Revised Penal Code.
– Constitution in force: 1935 Philippine Constitution.
Factual Background
Bernardo and Teresa lived with their children in a house near the municipal building of Sobosob, Sallapadan. Their marriage had become strained; Teresa repeatedly left home, and Bernardo alleged her illicit relationship with policeman Nemesio Talingdan. On June 22, 1967, following a violent quarrel and slapping incident, Talingdan threatened Bernardo he would kill him.
Child Witness Observations
Between 10:00 and 11:00 AM on June 23, Corazon saw Teresa meet with Talingdan, Tobias, Berras, and Bides in a small hut. She overheard talk of “Could he elude a bullet?” and Teresa’s shove coupled with “You tell your father that we will kill him.” On the evening of June 24, while cooking supper, Corazon watched the same group descend toward the house armed with long guns. She saw them fire from below the stairs of the batalan, then climb and shoot again when Bernardo was still alive. Bides threatened to kill her if she cried for help.
Immediate Aftermath and Threats
After the assailants fled, Teresa separately warned Corazon not to reveal the killers’ identities, threatening to kill her. The Municipal Health Officer performed an autopsy 36 hours postmortem; burial followed. Corazon initially concealed information out of fear but later provided a statement implicating the five appellants.
Defense Evidence and Alibis
– Teresa denied any illicit liaison with Talingdan, claimed she was in the kitchen cooking when shots were fired and did not see the assailants. She asserted family hostility and alleged Corazon was coached.
– Talingdan claimed alibi as escorting the mayor to a cursillo in Bangued from June 22 to 26.
– Tobias, Berras, and Bides said they were sleeping at Mrs. Bayongan’s house (250–300 m away) when the shooting occurred.
Trial Court’s Findings
The Court of First Instance convicted all five appellants of murder (except Teresa, who could not be charged with parricide for lack of marriage proof), sentencing them to life imprisonment and P12,000 indemnity.
Supreme Court’s Credibility Assessment
The Supreme Court found Corazon’s testimony consistent, firm, and free of fatal contradictions. Minor variances in time estimates did not undermine her direct observation of the shooting. The Court rejected defense theories about bullet trajectories, shell recoveries, and alleged coaching.
Rejection of Alibi Defenses
– The three male appellants could have committed the crime before returning to Mrs. Bayongan’s. Their failure to present Mrs. Bayongan or the mayor to corroborate alibis weighed against them.
– Rebuttal testimony showed the cursillo attended by the mayor occurred in October 1966, not June 1967.
Liability of the Four Male Accused
The Court held Talingdan, Tobias, Berras, and Bides guilty of murder qualified by treachery, evident premeditation, and commission
Case Syllabus (G.R. No. L-32126)
Facts of the Case
- Victim Bernardo Bagabag lived with his wife Teresa Domogma and their children in Sobosob, Sallapadan, Abra.
- The marital relationship had been troubled: Teresa deserted the home multiple times and was seen associating with appellant Nemesio Talingdan.
- On June 22, 1967, after a quarrel in which Bernardo slapped Teresa, she sought police help and Talingdan threatened Bernardo that “someday he would kill him.”
- On the morning of June 23, 1967, their daughter Corazon saw Teresa meeting with Talingdan, Tobias, Berras, and Bides in a hut; one conspirator asked, “Could he elude a bullet?” and Teresa allegedly told Corazon to warn her father that “we will kill him.”
- On the evening of June 24, 1967, Corazon observed the same group in the yard armed with long guns; shortly after, Bernardo was fatally shot while sitting by the supper table.
- Corazon attempted to call for help but was threatened by Bides; the assailants fled eastward.
- Teresa warned Corazon not to reveal what she had seen, threatening to kill her if she did.
- An autopsy was performed 36 hours after death; the body was buried on June 26, 1967.
- Corazon’s sworn statement on August 5, 1967, identifying the shooters led to charges of murder against all five appellants.
Procedural History
- Trial before the Court of First Instance of Abra, Criminal Case No. 686, resulted in convictions for murder and life imprisonment, plus ₱12,000 indemnity.
- Appellants appealed to the Supreme Court (G.R. No. L-32126).
- The Supreme Court rendered a decision on July 6, 1978, en banc.
Prosecution’s Evidence
- Corazon Bagabag’s eyewitness testimony placed all four male appellants at the scene, armed and acting in concert.
- She described precision in recognizing them by the interior lamp light and their voices.
- Corazon recounted prior meetings and threats indicating conspiracy and premeditation.
- Post-crime conduct: Teresa intimidated her daughter and withheld information from investigating officers.
- Rebuttal witness Judg