THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. JUAN MONES, DEFENDANT AND APPELLANT.

Juan Mones and Juan Bañaga were charged with multiple murder in the
Court of First Instance of Pangasinan for the deaths of Captain
Federico Doliente, Segundina Tierra and florentina Gacayan. After
trial, the lower court acquitted Juan Bañaga on the ground that his
guilt was not proven beyond reasonable doubt, and convicted Juan Mones
of the crime of murder, to suffer the penalty of reclusion perpetua
with the accessory penalties, to pay P2,000 to the heirs of each of the
aforementioned victims, and to pay one-half of the costs. From this
judgment, Juan Mones appealed.

Sometime between seven and eight in the evening of April 24, 1947,
the La Paz Elementary School of Umingan, Pangasinan, held its
commencement exercises in an open auditorium inside the school yard. On
one end of the auditorium was the improvised stage which was nothing
more than a rectangular table about three by four and a half meters,
raised about one meter over the ground. On the stage was a table on
which was placed a Petromax lantern. Around the table in a semi-circle
and facing the audience were seated Capt. Doliente, Crispulo
Pangangaan, Father Hidulfo Gabriel and about eight other guests.
Another Petromax lantern hung on a pole in the center of the
auditorium. In front of the stage were seated the members of the
orchestra and of the graduating class. The only exit was on the other
end of the auditorium, opposite the stage.

After the musical overture and the march of the graduates, Mr.
Pedro Hilary stood up to deliver his speech. While he was thus
speaking, a shot suddenly rang out. The crowd, believing that it was
merely a greeting ‘salvo’, did not move. Immediately thereafter, a
series of shots coming from behind the stage followed. Capt. Doliente
cried out “Aray co!” and then slumped from his seat. Somebody shouted
“Hukbo, Hukbo!” and panic seized the crowd. There was a mad scampering
for the exit as several more shots were fired.

During the first volley of shots, Fr. Hidulfo Gabriel who was
seated in the stage, immediately looked back to see where the shots
came from. As he did so, he saw a man shooting with a nickel-plated .38
calibre pistol at Capt. Doliente about four yards behind the stage. Fr.
Gabriel stood up, jumped from the stage and went after the man who
began running around the rear of the stage towards the exit thru which
the crowd was still milling. Fr. Gabriel gave chase, following about
five meters behind. When the man reached the crowd, he had to slow down
his flight, and Fr. Gabriel, who had never lost sight of him, caught up
with and grabbed the man. At this moment while the two were grappling
with each other, Leoncio Mones approached and told Fr. Gabriel to
release the man who was his brother. Fr. Gabriel replied that he saw
this man shooting at Capt. Doliente. The man said nothing. Then
Crispulo Pangangaan came and was about to hit the man but Leoncio again
intervened and told him that this man was his brother. Fr. Gabriel
repeated that he saw the man shooting at Capt. Doliente. When
Pangangaan also recognized Juan Mones, he told Fr. Gabriel that this
was the brother of Leoncio and he asked the priest to release Juan
Mones. Fr. Gabriel looked closely at Juan and finally released him.

Returning at once to the stage to help Capt. Doliente, Fr. Gabriel
carried the wounded captain with the help of Crispulo Pangangaan and
others who came later. The captain was first brought to the hospital of
Dr. Acosta in Rosales and later was transferred to the provincial
hospital in Dagupan where he died in the morning of April 26, 1947,
from the gunshot wounds he received.

Also fatally wounded during the shooting affray, were 15-year-old
Segundina Tierra, salutatorian of the graduating class, and 11-year-old
Florentina Gacayan, both of whom were near the stage when the shooting
occurred and who were instantly killed by stray bullets.

Juan Mones was arrested on May 6, 1947, by Captain Marceliano
Hidalgo of the MPC, and he was brought to Dagupan. There, upon
investigation, he signed the extra-judicial confession Exhibit E.

According to the testimonies of Dr. Enrique Romulo, Chief of the
Pangasinan Provincial Hospital who performed the operation to save
Capt. Doliente’s life, and of Dr. Benigno Parayno, physician at the
same hospital, who issued the certificate of death of Capt. Doliente,
the captain died of the gunshot wounds inflicted on him on the night of
April 24, 1947. Dr. Vicente Songco, president of the 11th Sanitary
Division at Tayug, Pangasinan, testified and certified (Exhibits B and
C) that Segundina Tierra and Florentina Gacayan died of the gunshot
wounds suffered by them on that same night.

The case of the prosecution hinges upon the testimonies of the following witnesses:

Fr. Hidulfo Gabriel, parish priest of Umingan, Pangasinan,
testified about the entire event of the night of April 24, 1947, as
narrated above, and particularly that he saw Juan Mones firing a .380
calibre pistol at Captain Doliente; that he chased Juan Mones, and
without once losing sight of him, caught him; that Leoncio Mones and
Crispulo Pangangaan identified Juan Mones to him; that when he told
Leoncio and Crispulo that Juan was the person he saw shooting at
Captain Doliente, Juan kept silent; and that he released Juan as
demanded by Leoncio and advised by Crispulo because he was dealing
with armed men who might do to him what was done to Capt. Doliente; and
that anyway he had already clearly identified the assailant.

Pedro Desear, student of the La Paz Elementary School, who
testified on the shooting of the three victims and the circumstances
surrounding the same, although he did not see the authors thereof.

Crispulo Pangangaan, Division Inspector of the Pantranco in
Pangasinan, who was also seated on the stage during the shooting,
testified that he saw Fr. Gabriel chase after someone; that he followed
suit and caught up with both of them when Fr. Gabriel was grappling
with the man; that Fr. Gabriel told him—”This is the fellow who shot
Captain Doliente. This is the fellow.”, and Juan Mones remained silent;
that he intended to give the man a blow when Leoncio Mones intervened
and told him that the man was his brother Juan; that he then told Fr.
Gabriel—”All right, Father, you just set him free. Just release him.”;
that he searched the pockets of Juan Mones and found no weapon.

Dr. Enrique Romulo testified on his having found a spent .45
calibre bullet in the body of Capt. Doliente when he performed the
operation (bullet marked Exhibit W).

Dr. Songco testified on his having found a bullet in the cadaver of
Segundina Tierra whose autopsy he performed (.38 calibre pellet marked
Exhibit Z).

Macario S. Membrere, Chief of Police of Umingan, testified that he
arrived at the hospital when Dr. Romulo was finishing the operation on
Capt. Doliente; that Dr. Romulo gave him a .45 calibre pellet found in
the body of the captain and that he gave said pellet to Lt. Patag of
the MPC; and that he witnessed the autopsy on Segundina Tierra and the
finding of a .38 calibre pellet which he turned over to Lieutenant
Patag.

Felipe Miranda, municipal policeman of Umingan, who was also
present at the commencement exercises, testified that he saw and talked
to Juan Mones near the gate of the auditorium shortly before the
program started; that he accompanied Dr. Songco when the latter
performed the autopsies on Segundina Tierra and Florentina Gacayan;
that he saw Dr. Songco extract a spent .38 calibre pellet from the
cadaver of Segundina; and that said pellet was given by Dr. Songco to
Chief of Police Membrere.

Teodoro N. Patag, Lieutenant, Detachment Commander of the 17th MP
Co. stationed at San Leon, Umingan, testified on the investigation
conducted by him; and that Chief of Police Membrere gave him the .38
calibre pellet which had been taken from the body of Segundina Tierra.

Pelagio C. Perez, lieutenant of the MPC at Dagupan, who
investigated Juan Mones at his headquarters, testified that appellant
Juan Mones freely and voluntarily signed his confession which was read
to him and interpreted for him in Ilocano; that the day after Juan
Mones made his confession, he was taken to the Justice of the Peace to
sign and swear to his affidavit because Lieutenant Perez was
apprehensive that statements subscribed before an MP officer might not
be acceptable; that Juan Mones was then taken to the provincial
hospital for examination to disprove any claim of ‘third degree’ that
Mones might later allege; and that no duress, force or intimidation was
in fact exerted on appellant.

Januario Hermitaño, Justice of the Peace of Dagupan, before whom
Juan Mones signed his confession, testified that Mones did sign freely
and voluntarily, and did not in any manner allege or give appearance to
the contrary.

Deogracias Andaya, chief clerk, CID Investigating Section, MPC,
Dagupan, a rebuttal witness of the prosecution, testified that no
duress, force or intimidation was used to extract the confession from
Juan Mones; that when Mones swore to his affidavit before the Justice
of the Peace, the only persons present were Mones, Andaya and the
Justice of the Peace, because the soldiers were outside; and that he
saw Mones eating and drinking at least twice during confinement.

Arturo Reyes, resident physician at the Pangasinan Provincial
Hospital, a witness for the defense, testified that he examined Juan
Mones when said person was sent to the Hospital by Lieutenant Perez for
examination; and that he found Mones normal showing no evidences of
maltreatment.

Appellant’s defense consists in his allegation that he was in front
of the stage, behind the orchestra members when the program started;
that when Mr. Hilary was speaking, he approached one of the musicians,
Isabelo Gacayan (father of the deceased girl Florentina) and asked for
a cigarette; that before he could light his cigarette, the shooting
started and he dashed for the exit; that when he was pushing his way
out, Fr. Gabriel grabbed him; that he carried no weapon with him and
none was found when he was searched; and that he was released thru the
intervention of his brother Leoncio; and that he signed the confession,
Exhibit E,, without knowing its contents; and due to the severe and
prolonged maltreatment inflicted upon him during the investigation.

To corroborate appellant’s testimony, the defense presented one
witness, Bonifacio Gacayan, a fanner, who testified that Juan Mones is
an old friend of his. This witness corroborated Juan Mones’ testimony
in detail.

After an exhaustive review of the evidence, this court finds no
reason for disturbing the finding of the lower court regarding the
guilt of appellant Juan Mones. The testimony of F.r. Gabriel, principal
witness for the prosecution, besides appearing entirely convincing and
truthful, is fully corroborated by appellant’s extra-judicial
confession and by the other proofs presented by the prosecution. While
the prosecution has presented various and worthy witnesses to show that
said confession was freely and voluntarily made, the defense has only
appellant’s word that he was maltreated.

Counsel for appellant alleges that the fact that Fr. Gabriel
released appellant after having caught him shows that Fr. Gabriel was
doubtful as to appellant’s guilt. This has been fully explained by Fr.
Gabriel who said that the reason he released appellant was because he
was afraid that he would be also harmed. This is a most logical and
natural reaction, specially after having seen appellant shoot at
Captain Doliente.

Counsel also makes much of the fact that no weapon was found on
Juan Mones when his pockets were searched by Pangangaan. This is
nothing conclusive, particularly considering that it was quite dark
when appellant was being pursued; that he later tried to mix with the
crowd at the gate of the auditorium; that Leoncio, his brother, was
nearby when he was grappling with Fr. Gabriel; and, as the trial court
pointed out, he could have dropped or thrown his weapon during flight
and later recovered it, after he was released, since nothing was done
that night in the line of investigation, except to care for the wounded
and the dead.

The defense also points to an apparent discrepancy between Fr.
Gabriel’s affidavit taken by Assistant Provincial Fiscal Palisoc and
his testimony during the trial. In his affidavit, Fr. Gabriel failed to
mention that he told Leoncio Mones and Crispulo Pangangaan that Juan
Mones was the one who shot at Captain Doliente. Omissions of this kind
are not infrequent in affidavits which are almost always incomplete and
often inaccurate sometimes from want of suggestion or inquiries without
the aid of which the witness may be unable to recall or mention
collateral circumstances. And furthermore, the omitted detail in the
instant case cannot detract from the fact that Fr. Gabriel did see Juan
Mones in the act of shooting at Captain Doliente.

The testimony of Bonifacio Gacayan corroborating in detail appellant’s alibi
deserves attention. It appears too exact and too detailed in its
coincidence with appellant’s testimony. In fact, if believed, it shows
that witness Gacayan and appellant Mones did exactly the same things
from the time they entered the auditorium until appellant was caught by
Fr. Gabriel. They both were behind the orchestra members, some of whom
they knew but none of whom they presented to corroborate their
statements; they, both approached Isabelo Gacayan to ask for a
cigarette; they lighted their cigarettes simultaneously but they were
both interrupted by the shooting; they both ran together towards the
exit when the shooting occurred and they both fought their way thru the
crowd, never losing each other. When two witnesses coincide in their
statements on every detail of an occurrence which has developed in a
crowded place and partly under circumstances of confusion and
excitement, there is every reason for the court to go slow and cautious
in accepting the veracity of their narrations. No other witnesses, in
the instant case, were presented to prove appellant’s alibi despite the
fact that there were many people near the orchestra and appellant knew
some of them. We find no sufficient ground for interfering with the
trial court’s attitude in disregarding Bonifacio Gacayan’s testimony.

For all the foregoing, this Court finds appellant Juan Mones
guilts of three distinct and separate murders, each qualified by
treachery, and he is hereby sentenced to reclusion perpetua
for each of said three offenses with all the accessories of the law,
there being no modifying circumstance, to indemnify each set of heirs
in the amount of P6,000, and to pay the costs.

Ozaeta, Pablo, Bengzon, Tuason, Montemayor, and Reyes, JJ., concur.