G.R. No. 1352. March 29, 1905

The defendants have been sentenced by the Court of First Instance of Cebu to the penalty of seven years of presidio mayor
as accessories after the fact in the crime of assassination or murder
perpetrated on the persons of the American school-teachers Louis A.
Thomas, Clyde O. France, John E. Wells, and Ernest Eger, because,
without having taken part in the said crime as principal or as
accomplices, they took part in the burial of the corpses of the victims
in order to conceal the crime.

The evidence does not justify, in our opinion, this sentence. As
regards Roberto Baculi, although he confessed to having assisted in the
burial of the corpses, it appears that he did so because he was
compelled to do so by the murderers of the four teachers. And not only
does the defendant affirm this, but he is corroborated by the only
eyewitness to the crime, Teodoro Sabate, who, by the way, is a witness
for the prosecution. This witness says he was present when the
Americans were killed; that Roberto Baculi was not a member of the
group who killed the Americans, but that he was in a banana plantation
on his property gathering some bananas; that when he heard the shots he
began to run; that he was, however, seen by Damaso and Isidoro, the
leaders of the band; that the latter called to him and striking him
with the butts of their guns they forced him to bury the corpses.

The Penal Code exempts from liability any person who performs the
act by reason of irresistible force (par. 9, art. 8). Baculi acted,
doubtless, under such circumstances when he executed the acts which are
charged against him.

As regards the other defendant, Apolonio Caballeros, there is no
proof that he took any part in any way in the execution of the crime
with which he has been charged; there is conclusive proof to the
contrary, since Baculi, as well as one of the witnesses for the
prosecution, Teodoro Sabate, expressly declare that he, Caballeros, did
not take any part in the burial of the aforesaid corpses, nor was he
even in the place of the occurrence when the burial took place. The
confession of his supposed liability and guilt, made before an official
of the division of information of the Constabulary, Enrique Calderon,
as the latter states when testifying as a witness, can not be
considered as legal proof, because the same witness says that Roberto
Baculi was the only one of the defendants who made a confession to him voluntarily.
It appears besides, from the statements of another witness for the
prosecution, Meliton Covarrubias, that the confession of Apolonio
Caballeros was made through the promise made to him and to the other
defendants that nothing would be done to them. Confessions
which do not appear to have been made freely and voluntarily, without
force, intimidation, or promise of pardon, can not be accepted as proof
on a trial. (Sec. 4, Act No. 619 of the Philippine Commission.)

The fact of the defendants not reporting to the authorities the
perpetration of the crime, which seems to be one of the motives for the
conviction and which the court below takes into consideration in his
judgment, is not punished by the Penal Code and therefore that can not
render the defendants criminally liable according to law.

By virtue, then, of the above considerations, and with a reversal of
the judgment appealed from, we acquit the defendants, appellants, with
the costs de oficio in both instances. So ordered,

Arellano, C. J., Torres, Johnson, and Carson, JJ., concur.