Title
People vs. Melchor Soleta
Case
G.R. No. L-2619
Decision Date
Apr 29, 1950
Melchor Soleta acquitted of murder due to unreliable sole witness testimony, lack of motive, and credible defense alibi.

Case Summary (G.R. No. L-2619)

Procedural History and Charge

Before the information giving rise to the case, a complaint against Soleta for the same alleged crime had been dismissed by the justice of the peace in March 1947 after a preliminary investigation for lack of prima facie evidence. A later complaint was filed in March 1943 against Soleta and one Rafael Soberano before the same justice of the peace. The fiscal, however, filed an information against Soleta alone.

The information alleged that on or about April 19, 1943, in the sitio of Walos, barrio of Bagtingon, Buenavista, Marinduque, Soleta “wilfully, unlawfully and feloniously” conspired and confederated with Ricardo Perez and Rafael Soberano (still at large) and with Enrique Llagono (already dead), with intent to kill Blas Arcano and Juanito Luci. It alleged that by helping one another, being conveniently armed, with evident premeditation and treachery, Soleta attacked, assaulted, and stabbed the victims, wounding each, and that the injuries were necessarily mortal and caused their “more or less their instantaneous death.” The information further alleged abuse of confidence and superior strength.

Although the prosecution’s evidence showed that both Arcano and Luci were killed, the trial court convicted Soleta only for the killing of Juanito Luci.

Evidence for the Prosecution

The prosecution relied heavily on the testimony of Luis Sadiwa, presented as the only supposed eyewitness to the killing. As narrated in substance, on April 19, 1943, Sadiwa was on guard in Tabiongan when Soleta passed by with two hog-tied individuals identified as Juanito Luci and Blas Arcano. Sadiwa testified that Soleta asked him to accompany them to the camp because Soleta claimed he did not know the way. Upon reaching the camp, Sadiwa claimed that Soleta delivered the two persons to Lt. Llagono, telling him that these were the persons Soleta had arrested. Sadiwa further testified that Lt. Llagono called Soberano, and that Blas Arcano and Juanito Luci were given to Soberano to be killed. Sadiwa then stated that the victims were taken about fifteen meters away from the camp, that Soleta stabbed Juanito Luci on the side, and that Blas Arcano was stabbed on the back by Soberano and died.

In cross-examination, Sadiwa’s testimony became more detailed and, in material respects, inconsistent. He admitted that he was connected with the guerrillas as a civilian guard during the Japanese occupation, and that his immediate chief was Lt. Llagono. He said the guerrillas instructed him to accompany persons who did not know the way to the camp, and he acknowledged that he did not inquire as to who the hog-tied persons were, nor did he ask Soleta why they were being brought to the camp. He also testified that Soleta was not affiliated with his particular guerrilla unit. Sadiwa answered affirmatively when asked whether the hog-tied persons were four and said that Ricardo Perez was included. He also stated that he did not inform the chief of police of Gasan or Arturo Sevilla about the incident after the killing, and he explained that he did not reveal it because he was afraid of the guerrillas.

Sadiwa testified that he learned the father of Juanito Luci, Pablo Luci, in January when the father was looking for his son. Yet he simultaneously maintained that he only knew Juanito Luci in that January timeframe, while also maintaining familiarity on April 19, 1943. He further denied that he approached any question to Lt. Llagono and claimed that Lt. Llagono, without asking anything, told them to “take away these two boys and kill them.” He also stated that after delivery he returned to camp.

Finally, Sadiwa’s testimony on timing and recognition of Soleta and his interactions with him underwent further contradiction during redirect, recross, and rebuttal. He claimed on direct that he came to know Soleta “just now” because Soleta lived far from him, but he also affirmed that he knew Soleta by face on April 19, 1943. On rebuttal, he stated that he had known each other for a long time, contradicting his earlier statements that his knowledge of Soleta arose only at the time of trial.

The prosecution also presented Arturo Sevilla. Sevilla testified that Soleta requested permission to live in his house in the town of Gasan because there was an order of designated places to live. Sevilla allowed Soleta and his family to move into the house on April 18, 1943. Sevilla stated that the evening of April 18, 1943, Soleta wanted to go to his barrio to get bananas, but Sevilla told him he could not leave the poblacion because of Capt. Untalan’s order. Sevilla said Soleta replied that he knew the guerrillas and would be responsible for the lives of Sevilla’s two boys, referring to his houseboys, Blas Arcano and Juanito Luci. Sevilla then narrated that on the morning of April 20, Soleta went to the barrio with the two boys and his daughter Soledad. On subsequent days, Sevilla said Soleta returned and explained that he had left the boys because they could not bring camotes, and then, when Sevilla asked why he had not revealed the capture earlier, Soleta allegedly admitted he had been caught by guerrillas. Sevilla added that on April 22, 1943, Soleta and his family left his house without Sevilla’s knowledge and that Sevilla had not seen him until the time of trial.

Defense Evidence

Soleta took the stand and denied killing Juanito Luci. He admitted that on April 19, 1943, he was living with Arturo Sevilla. He testified that the night of April 13, 1943, Sevilla ordered him to buy camotes in barrio Dongonin. On arrival and while he was placing the camotes in a sack, three persons—Sofronio Justiniano, Ricardo Perez, and Paulino Labay—arrested him. Soleta stated that he believed the arresters were guerrillas. He testified that he, Blas Arcano, and Juanito Luci were tied and taken to the other side of the Tabiongan River, where they asked if he lived in Tigion and he answered in the negative. Soleta said they released him but told him they would take Arcano and Luci to the camp. He testified that after his release he informed Sevilla that he and his two companions were arrested and that his companions were taken to the camp. He asserted he did not know Luis Sadiwa and saw him for the first time on the trial date.

On cross-examination, Soleta clarified that he had started living with Sevilla “when we were zonified by the Japanese around the 14th of April, 1943.” He asserted he knew Sofronio Justiniano, Ricardo Perez, and Paulino Labay even before the incident of his arrest, and he said he tried to intercede for the victims by arguing they were not spies and only intended to buy camotes, but the guerrillas refused to release them. He also denied that he met Lt. Llagono in April 1943 and denied being a civilian guard or serving in any capacity under the guerrillas. He maintained he did not personally participate in delivering the victims to Lt. Llagono or in the alleged killing.

The defense also presented Donato Magararu, who testified that on April 19, 1943 he was taken to the camp under the command of Lt. Llagono. He stated that Blas Arcano and Juanito Luci arrived with their hands tied, together with Paulino Labay, Ricardo Perez, and Sofronio Justiniano, and that he did not see Soleta at the camp. Magararu said Blas and Juanito were delivered to Lt. Llagono and, after investigation, were delivered to Rafael Soberano, who instructed them to go away, and that Ricardo Perez accompanied Soberano in taking away the victims. He denied knowing what happened afterward.

In rebuttal, Sadiwa denied Soleta’s claim that he met him for the first time when Sadiwa testified, maintaining instead that they had known each other for a long time.

The Parties’ Positions on Appeal

Soleta challenged his conviction on the principal ground that the evidence, especially the testimony of Luis Sadiwa as the lone eyewitness, did not meet the constitutional requirement of proof beyond reasonable doubt. He denied the killing and denied the material facts attributed to him, including delivery of the victims to Lt. Llagono and the stabbing of Juanito Luci.

The People supported the conviction and relied on Sadiwa’s testimony, as well as on Sevilla’s account of Soleta’s connection with the victims and the latter’s departures from Sevilla’s house after the capture.

Legal Basis and Reasoning of the Court

The Court held that the “fate of the appellant hinges on the credibility and sufficiency of the uncorroborated testimony of Luis Sadiwa.” It concluded that it entertained “serious doubts” and reversed the conviction because the evidence did not prove guilt beyond reasonable doubt.

First, the Court found Sadiwa’s testimony unreliable and self-contradictory. It noted that Sadiwa testified on direct examination that he knew Soleta and identified him, yet on cross-examination he declared that he had known Soleta “This time only.” It observed further that Sadiwa then reiterated he came to know Soleta “just now,” while also stating in the next breath that he knew him by face on April 19, 1943. On rebuttal, Sadiwa later swore that it was not true that they only knew each other by the time of trial, and that they had known each other a long time ago. The Court also found incredible Sadiwa’s account that Lt. Llagono immediately ordered the victims killed upon delivery, without asking questions, and it stressed the absence of motive and any investigation.

The Court further found it unnatural that Sadiwa, who claimed to witness the cold-blooded double murder on April 19, 1943, did not reveal the information to anyone until five years later when he met Pablo Luci in January, and it treated this as contrary to ordinary human conduct. It also found internal improbabilities in Sadiwa’s statements regarding recognition and naming of the victim. It pointed out that in March 1947, a complaint for the murder of Juanito Luci had already been presented against the appellant, yet Sadiwa repeatedly asserted that

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