[ G.R. No. L-26. August 31, 1946 ] 77 Phil. 136
[ G.R. No. L-26. August 31, 1946 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. MANUEL BAÑEZ ET AL., DEFENDANTS AND APPELLANTS. [G.R. No. L-27. August 31, 1946] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. LORENZO SAMANO ET AL., DEFENDANTS AND APPELLANTS. D E C I S I O N
MORAN, C.J.:
This is an appeal from a judgment of the Court of First Instance of Manila after a joint trial of criminal cases Nos. 70021 and 70022.
In criminal case No. 70021, Manuel Bañez, Estanislao Tauyan, Marciano Medina, Maximo Feliciano, Pablo Senson, Lorenzo Samano, Alfredo Rivera, Maximo Pabalan, Francisco Feliciano and Arcadio Castro were found guilty of the murder of Ernesto Lorenzana, and sentenced to (a) reclusion perpetua, with the exception of the minor Francisco Feliciano who was ordered committed to the Philippine Training School for Boys until he reaches the age of majority; (b) to indemnify the heirs of the deceased in the sum of P2,000; and (c) to pay the costs. The defendants appealed except Manuel Bañez and Maximo Pabalan, and except Pablo Senson, Alfredo Rivera and Arcadio Castro who remain unapprehended.
The evidence of the prosecution in this case shows that on February 22, 1945, at about the hour of 6 o’clock in the evening, Ernesto Lorenzana was in a dice game at Solis Street, Tondo, Manila, when three men took him away in a carretela and brought him to a place in Blumentritt Street known as the headquarters of Company “G,” 51st Infantry, Ramsey Guerrilla Unit. Subsequently, he was transferred to the house of a certain Totoy del Rosario, wherein he was investigated on alleged charges of espionage for the Japanese, and around the premises of which he was beaten to death.
On February 23, 1945, upon complaint filed by Rosendo Lorenzana, father of deceased Ernesto, the Criminal Investigation Division of the United States Army, initiated an inquiry into the case. On February 27, 1945, in an exhumation conducted by said Criminal Investigation Division near the house of Totoy del Rosario, the putrifying corpse of Ernesto Lorenzana, among several others, was unearthed, and identified by Rosendo Lorenzana as that of his son. Whereupon, appellants were apprehended and submitted to individual investigations, in the course of which they made and signed the sworn statements appearing in the record of this case.
In criminal case No. 70022, the evidence shows that on or about February 22, 1945, Virgilio and Emilio Beltran, brothers, were apprehended and investigated at the headquarters of Company “G,” 51st Infantry, Ramsey Guerrilla Unit, on charges of espionage and pro-Japanese activities. After the investigation, the brothers were executed. Also, the house of Virgilio Beltran was raided and his furniture carted away.
On February 23, 1945, Francisca Capulong, wife of Virgilio Beltran, complained to the Criminal Investigation Division of the killing of her husband and his brother Emilio. Upon investigation, and in the same exhumation conducted in the first case, among several corpses unearthed, two were identified as those of the Beltran brothers. The Criminal Investigation Division then arrested the herein defendants and questioned them, obtaining the sworn declarations now appearing in the record of this case. They were then formally accused, tried and found guilty of the murders of Virgilio and Emilio, and sentenced to reclusion perpetua; to indemnify the heirs of the deceased in the amount of P2,000 and to pay costs. From the judgment only the following appealed: Lorenzo Samano, Epifanio Carballo, Avelino Alcantara and Ricardo Cubillas. Narciso Alvarez did not appeal. Juanito Magalis, Timoteo Cruz and Benjamin Cochon are still at large.
The evidence of the defense tends to prove, among others, that the victims, Ernesto Lorenzana in the first case, and Virgilio Beltran and Emilio Beltran in the second case, were all Japanese spies.
After going over all the record, we find no evidence in both cases showing the guilt of the appellants beyond reasonable doubt. Defendant Manuel Bañez admitted in his extra judicial confession having struck Lorenzana thrice on the head with a hammer, and defendant Timoteo Cruz in his extrajudicial confession admitted having stabbed Virgilio Beltran with a dagger. As above stated, Timoteo Cruz is still at large and Manuel Bañez did not appeal. As to the appellants, in their individual extrajudicial declarations, none of them has admitted having participated in the killing of either Lorenzana or the Beltran brothers. Some of them admitted having been present at the time of the killing, and others, that they were away. But it is a well-known rule that, without proof of conspiracy, mere passive presence at the scene of another’s crime does not constitute complicity. (People vs. Silvestre and Atienza, 56 Phil., 353.)
The admissions of Samano and Alcantara to the effect that they had acted as guards near the place of the crime do not prove complicity, because they did so in obedience to superior orders and without knowledge that the Beltran brothers, who were then under investigation, would later be killed.
In the extrajudicial declarations made by some of the appellants, there are facts stated which incriminate their co-appellants. But again, well-known is the rule that the statement made by a defendant is admissible against him, but not against his co-defendants, unless there is conspiracy proved by evidence other than the statement itself, and that such statement is made in connection with the conspiracy and during its existence. (Rule 123, section 12.) These requirements are not present in the instant cases.
For all the foregoing and upon the recommendation of the Solicitor General, the judgments appealed from in these two cases are reversed and the appellants acquitted, with costs de oficio.
Paras, Feria, Pablo, Hilado, Bengzon, Briones, Padilla, and Tuason, JJ., concur.