G.R. No. 21884 - People vs. Takeo Tabuche

Case Summary (G.R. No. 21884)

Factual Background: the Robbery and Killing

The information alleged that Maria Castro, whose daughter served in the store of the deceased and who lived near the store, testified that on September 21, 1923 at about 5 o’clock in the evening, she saw two Japanese men—one taller and the other shorter—and saw the taller man show a watch (Exhibit H) taken from his pocket. She identified that shorter man as Saito. The same witness stated that she still saw the deceased Sato in his store on the same Saturday, because she and her daughter left the store for their home thereafter.

It was further alleged that on the night of September 21 or 22, 1923, Felisa Felipe, who had also been in the store, saw a Japanese man with his back toward her. The information then narrated that Lieutenant Antonio Xerez Burgos found the corpse of Kiro Zuki Sato on September 24, 1923 in Caloocan, within about two and a half miles from the City of Manila. The body was brought to the General Hospital, where Dr. Villegas examined it and performed an autopsy. Dr. Villegas testified that the body bore twenty-seven wounds, of which four were necessarily mortal, located on the carotid region, the base and nape of the neck, and the back, and that these wounds caused the death of Kiro Zuki Sato.

Lieutenant Burgos testified that he found the corpse on a Sunday morning in September 1923 on certain land in Caloocan near the Caloocan–Balintawak Road, along with traces of blood, a cane (Exhibit G), and a coat (Exhibit L) with blood-stains. He also stated that after learning the deceased had been living in an outhouse on Sande Street, Tondo, City of Manila, he visited the house with secret service agents and found a small case containing one-centavo coins and some crushed papers. He then conducted an investigation based on neighborhood testimony and arrested Taijo Yokimiso and Kumekichi Saito on the evening of that same day, while Takeo Tabuche was not arrested due to his escape and unknown whereabouts.

The information further stated that, with the assistance of secret service agents and in the presence of the arrested appellants, Lieutenant Burgos searched the garage of Yaptico, where Yokimiso, the chauffeur, was living. There, he found a trunk and two suitcases. In the trunk of Saito, he found coats with blood stains, a knife (Exhibit D), and also the coat of Tabuche, which Saito allegedly admitted belonged to Tabuche and that he had used to stab the deceased. In the suitcase of Yokimiso, he found money and items including a gray coat (Exhibit E) and white trousers (Exhibit I) stained with blood, along with the watch (Exhibit H) of Tabuche which Yokimiso allegedly took from Tabuche. In other containers, various blood-stained articles were reportedly found, including shirts and trousers identified as belonging to the accused and connected to Tabuche.

Appellants’ Alleged Participation as Principal Actors

The information alleged that following their arrest, the appellants made sworn revelations before Colonel Dominguez of the Constabulary, which were interpreted by G. Meguri, and these declarations were introduced as Exhibits C and B. In Exhibit C, Taijo Yokimiso allegedly admitted that he had served as the chauffeur of Yaptico and had been living behind a warehouse on Calle Dagupan, Tondo. He purportedly stated that around 10 o’clock in the morning of Saturday, September 22, 1923, Tabuche invited him to ride at night in the automobile of his master. Yokimiso allegedly narrated that on the afternoon of that day, Tabuche and Saito came to his office to ascertain his answer regarding a nighttime trip. He further claimed that at about 11:30 in the night of September 22, he drove the automobile to Plaza de Binondo to pick up Tabuche and Saito, and that they proceeded through various places until reaching Caloocan, where they asked the deceased Sato for money. When Sato allegedly refused to give money, the information stated that Tabuche, Saito, and Yokimiso seized Sato, caused him to alight, and that Yokimiso took a stick from the automobile, handed it to Tabuche, and that Tabuche struck Sato on the head with it and stabbed him on the back, after which Sato fell to the ground.

Yokimiso’s narration in the information also claimed that after the attack, they left at dawn and dressed in Yokimiso’s clothes. It alleged that Saito returned at 3:00 a.m. and that Tabuche returned to Yokimiso’s house at 8:00 a.m. and gave Yokimiso thirteen pesos, which Yokimiso said was for gasoline. Yokimiso purportedly stated that after Tabuche and Saito had been in Sato’s house and taken money, Yokimiso was left with P9.21, and that he held Tabuche’s watch (Exhibit H) because Tabuche gave it to him as security for the borrowed money. The information also alleged that the gray coat, white trousers, and a certain shirt (Exhibits E, I, and J) were Yokimiso’s.

The information similarly alleged that in an affidavit (Exhibit N), Kumekichi Saito admitted knowing Tabuche and Yokimiso and stated that Sato had a store on Calle Sande. Saito allegedly stated that he and Tabuche went on Friday to Sato’s store to obtain a loan of P20, secured by the watch (Exhibit H), but were refused because Sato had to pay P240 at the end of the month. Saito also alleged that on the evening of Saturday, Tabuche and Saito met, with Yokimiso also present, and agreed to board Yokimiso’s automobile at 11:30 p.m. at Plaza de Binondo. Saito claimed that Tabuche threatened him and that he carried a knife during the night; it was alleged that Tabuche carried both a knife and a fan-palm stick. Saito’s narrative further stated that after they stopped near Caloocan, Tabuche talked to Sato about the loan and threatened to kill him when Sato refused. The information stated that Tabuche struck Sato with the stick handed by Yokimiso and that Saito stabbed Sato near the neck and shoulder while Sato was already on the ground due to Tabuche’s attack.

After the killing, Saito’s affidavit in the information alleged that Tabuche undressed Sato, took the key and the watch from Sato’s coat, and that they went to Yokimiso’s garage where they changed clothes. It was also alleged that Tabuche, in the presence of the other accused, used the key to open Sato’s house and ordered Saito to look for the money. Saito claimed they found a box of cigars containing around P42 or P43, and that Tabuche gave each of them P13, while telling them not to worry because he would take responsibility for what had happened. The information alleged that Saito acknowledged blood-stained clothes found in his belongings and also claimed that his knife was made from a sharpened file (Exhibit D).

The information added corroborative circumstances. It alleged that Dequinosoki Tanaka saw Saito sharpening a file to make the knife (Exhibit D) and that around 3:00 p.m. the same day Tanaka observed Saito put it in his pocket. It further alleged that upon arrest, the appellants told Lieutenant Burgos that they had assisted Tabuche out of fear, because they knew Tabuche to be a criminal and because Tabuche threatened them before and during the crime. In court, both appellants admitted being present and taking part in going to the place of the crime with the victim and co-accused, and they admitted making declarations to the police, but they asserted that they did not understand what was written and insisted that they had not taken part in the killing, placing the blame on Tabuche, who was absent.

Trial Court’s Evaluation of Credibility and Applicable Crime

The trial court accepted the information as setting out the proven circumstances and concluded that the appellants’ asserted claim of acting only out of fear was implausible. The trial court reasoned that Yokimiso, without his master’s consent, had used the automobile to bring the deceased and the co-accused to the place of the crime, had gone to Plaza de Binondo merely to meet the co-accused, and had thereby coordinated participation rather than passive coercion. The trial court also reasoned that if the appellants had truly refused assistance, Tabuche could not have carried out the acts because, at the scene, there were only three participants identified with the victim.

On the basis of the alleged evidence, the trial court treated the killing as accomplished to obtain the victim’s watch and money. It held that their acts constituted robbery with homicide, defined and punished under Article 503, case No. 1, of the Penal Code, and found that the appellants were responsible as principals because they took direct part in the commission. The court also addressed mitigating and aggravating circumstances. It held that the aggravating circumstances of evident premeditation, treachery, and nocturnity attended the commission, but that these were reasonably offset by a mitigating circumstance under Article 11, as amended by Act No. 2142. On that basis, it imposed the penalty in the medium degree.

Trial Court Judgment

The trial court sentenced Taijo Yokimiso and Kumekichi Saito each to suffer cadena perpetua with the accessories of Article 54 of the Penal Code. The court also ordered them to return to the heirs of the deceased the watch worth P10 and the money taken from the store, and to indemnify jointly and severally the heirs in the amount of one thousand pesos, plus costs.

Issues Raised on Appeal

On appeal, the defense attacked the judgment on the ground that the trial court erred in admitting against the appellants their extrajudicial declarations (Exhibits C and N) and in considering the testimony of Colonel Dominguez. The Supreme Court treated these assignments as contesting evidentiary admissibility and weight, and it assessed whether the convictions could stand even if the challenged evidence were disregarded.

Supreme Court’s Ruling on Admissibility of Extrajudicial Declarations

The Supreme Court held that no reversible error was committed in admitting the appellants’ extrajudicial declarations. It relied on United Stat

Case Syllabus (G.R. No. 21884)

The case involved the prosecution of Taijo Yokimiso and Kumekichi Saito for robbery with homicide in the Court of First Instance of Manila, with Takeo Tabuche as a co-accused who remained a fugitive.
The action proceeded against the appellants only because Tabuche had not yet been arrested at the time of trial.
The trial court rendered judgment on December 19, 1923, convicting Yokimiso and Saito as principals and imposing cadena perpetua, among other penalties.
The appellants appealed, contending that the trial court erred in admitting certain evidence used against them.

Parties and Procedural Posture

The People of the Philippine Islands served as plaintiff and appellee, while Taijo Yokimiso and Kumekichi Saito were defendants and appellants.
Takeo Tabuche remained an unarrested co-accused and was not tried with the appellants due to his fugitive status.
The appellate review focused on whether the trial court committed reversible error in the admission and consideration of extrajudicial declarations and related testimony.

Key Factual Allegations

The information alleged that Maria Castro had observed two Japanese men near a store, including the identification of Saito as the man who showed a watch identified as Exhibit H.
The information stated that on the night of September 21 or 22, 1923, Felisa Felipe saw a Japanese man with his back turned.
The information alleged that on September 24, 1923, Lieutenant Antonio Xerez Burgos found the corpse of Kiro Zuki Sato in Caloocan, Rizal, within a short distance of Manila.
The information asserted that the autopsy, reflected in Exhibits A and O, showed twenty-seven wounds, with four necessarily mortal, located on the carotid region, base and nape of the neck, and back.
The information alleged that the police found traces of blood, a cane (Exhibit G), and a coat with blood-stains near the corpse.
The information further alleged that, upon investigation of Sato’s residence, the police opened a door with secret service agents and found items including a small case containing one-centavo coins and crushed papers.
The information alleged that the police arrested Yokimiso and Saito on the evening of the same day, while they could not arrest Tabuche.
The information alleged that the police searched the garage at Yaptico, where Yokimiso was living, and found a trunk and two suit cases with clothing and objects bearing blood stains and weapons.
The information alleged that in Saito’s trunk, the police found a knife (Exhibit D) and coats and trousers with blood stains, as well as a camisa.
The information alleged that in Yokimiso’s suit case, the police found blood-stained clothing and thirteen pesos, plus Tabuche’s watch (Exhibit H) taken from Tabuche’s possession.
The information alleged that the appellants made important revelations in sworn statements under oath before Colonel Dominguez of the constabulary, interpreted by G. Meguri.
The information alleged that Yokimiso’s sworn declaration described the events beginning on Saturday, September 22, 1923, including the ride with Tabuche and Saito, the stopping near Caloocan, and the use of a stick and stabbing after Sato refused to give money.
The information alleged that Yokimiso stated that after Sato’s killing, they left, later returned with the clothes of Yokimiso, entered Sato’s house using a key allegedly taken from Sato, and took cash from a small box.
The information alleged that Yokimiso claimed that money he received was for gasoline and that he had Tabuche’s watch as security for a supposed loan.
The information alleged that Saito’s sworn declaration described prior knowledge of Sato’s store, the plan to ride in Yokimiso’s automobile, Saito’s possession of a knife, and participation in causing Sato to alight and stabbing him when Sato was already down.
The information alleged that Saito claimed coercion and fear and described the distribution of money taken from Sato’s house.
The information alleged testimony from Dequinosoki Tanaka that he saw Saito sharpening a file on September 22, 1923, which was later used as the knife (Exhibit D).
The information alleged that when arrested, the appellants stated they helped Tabuche out of fear because of prior threats, and they denied guilt as to the killing while admitting certain incriminating possessions and participation in the events.

Trial Court Findings

The trial court accepted the narration of facts as supported by evidence and treated the appellants’ participation as established beyond reasonable doubt.
The trial court found that the appellants used Yokimiso’s automobile to transport Sato and the other accused to the place where the crime occurred.
The trial court found that Saito prepared and used Exhibit D and attacked Sato, and that the evidence also supported that Yokimiso participated in attacking Sato using Exhibit G.
The trial court rejected the appellants’ theory that their acts were solely motivated by fear of Tabuche, reasoning that their conduct showed active participation in the commission of the ro