G.R. No. L-17489. December 24, 1969
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FELIPE AGDEPPA, ET AL., DEFENDANTS, JULIO TAPEC, DEFENDANT-APPELLANT.
CONCEPCION, C.J.:
Appeal, taken by Julio Tapec, from a
decision of the Court of First Instance of Ilocos
Norte, convicting him and Felipe Agdeppa of the crime
of murder and sentencing both to life imprisonment, to jointly and severally
indemnify the heirs of the deceased Andrea Cabotaje
in the sum of P6,000, as well as to pay the costs, and acquitting their
co-defendant, Pascual Macoco,
with the proportionate part of the
costs de oficio.
The victim Andrea Cabotaje was, at the
time of her death, single and about 28 years of age. Her mother’s sister was married to appellant,
Julio Tapec, then about 40 years old, who, accordingly, was her
uncle-in-law. This notwithstanding,
Julio had extramarital relations with her.
When, after a while, their affair became known, Felisa,
Leonora and Pablo Cabotaje, the sisters and brother
of Andrea, became angry at her. Andrea
had to leave the house of the family, in the barrio of Masintoc,
municipality of Paoay, Ilocos
Norte, in which she stayed with Felisa and Pablo Cabotaje. Andrea
first moved to the house of her other brother, Pedro Cabotaje,
but, soon later, appellant brought her to Manila,
where he supported her. For reasons not
clearly appearing in the record – although, seemingly, after having a rift with
appellant – she eventually returned to her hometown and lived once more with
her sister and brother Felisa and Pablo Cabotaje. Their
sister Leonora, married to Alejo Cueva,
lived in another house, about five (5) meters away. Evidently desirous to resume his affair with
Andrea, whom he found difficult to contact, owing, inter alia, to the animosity of the members of her family,
apart from her seeming determination to turn a new leaf in life, appellant
used to peep under her house, but her sisters would invariably drive him away. Because of her death, the true nature of
Andrea’s feelings must be deduced merely from her overt acts.
While grazing his carabao in the field,
on April 24, 1954, Flaviano Bacod heard a feminine
voice crying for help. Flaviano approached the place from whence the scream had
come, and saw appellant pull Andrea by the shoulder, as well as throw her down
to the ground, face upward, and try to ravish her. As she resisted him, Flaviano
shouted for help, whereupon Tapec ran away. Then, Andrea, whose dress was torn at one
shoulder, stood up and asked Flaviano to be her
witness, stating that appellant had tried to abuse her. Soon thereafter, Andrea, Flaviano
and one Florentino Sadorra
– who, likewise, claimed to have witnessed the occurrence – reported the same
to Lucas D. Carpio, Justice of the Peace of Paoay. The latter
took their respective affidavits,[1]
which were subscribed and sworn to before him on April 28, 1954.
Owing to the fact that it was long past noon
when they finished this task and that Andrea had expressed the wish to file a
formal complaint, Judge Carpio bade her to come back therefor at some other time; but, she never did so, owing
to subsequent events.
It appears that, being aware of her former illicit relations with
appellant, Judge Carpio found himself wondering about
her complaint. Judge Carpio
wrote, therefore, a note to appellant informing him of the action taken by
Andrea and inquiring about the truth concerning her charge. The next morning, while Andrea was fetching
water from a well, appellant asked her why she had complained against him and
begged her forgiveness. In reply, she
upbraided him, adding, “You had been fooling me.” In this connection,
it appears that appellant had, also, had illicit relations with another woman,
who became pregnant in consequence thereof.
On April
30, 1954, at about
dusk, appellant walked to and fro, past Andrea’s house, holding an unsheathed
bolo and looking angrily at said house.
Later, that evening, Andrea and Felisa Cabotaje took their dinner in the house of their sister,
Leonora. As Felisa
returned, thereafter, to her house, their neighbors, Felipe Agdeppa
and Benjamin Bacud, came. The former remained at the door, holding
something behind him, as the latter inquired about Pablo Cabotaje. Upon being informed that he had gone out for
a walk, Benjamin and Felipe departed. Felisa followed them to the door and noticed that Felipe
carried a gun. Presently, Andrea left
the house of her sister, Leonora; but, as soon as she (Andrea) descended the
stairs thereof, two shots rung in succession from under said stairs. When, thereupon, Felisa
and Leonora looked towards the place where the shots had come, they saw Andrea sprawled on the ground near the
stairs. She was dead with two bullet wounds on the back of
the head.
The next day, Pfc. Teofilo Gamayo, of the Philippine Constabulary, went to the scene
of the occurrence and proceeded to investigate.
Having learned of the
previous affair between Andrea and appellant and of the complaint for attempted
rape filed by the former against the latter, Teofilo
interviewed him. Appellant denied having
had anything to do with Andrea’s assassination and claimed to be fishing, some
distance away, at the time of the occurrence.
Appellant added, however, that Felipe Agdeppa
had a .45 caliber gun and that Pascual Macoco, who used to go with him, could probably tell him
when he (Felipe) was. The relatives of
Andrea had, also, informed Teofilo that Benjamin Bacud and Felipe Agdeppa had been
in her house, inquiring about Pablo Cabotaje, shortly
before the occurrence. So, Teofilo sent for Benjamin Bacud
and Pascual Macoco, both of
whom revealed that the assassin was Felipe Agdeppa,
who had gone to the barrio of Masisip, municipality
of Sanchez Mira, Cagayan, after concealing, under a pile of hay stored in a
given place, the gun used in the commission of the offense. Benjamin and Pascual
brought Teofilo to said place, where he found said
gun under a stack of hay.
On May 3, 1954, Pascual Macoco subscribed and swore, before Judge Carpio of Paoay, to a statement,
Exhibits D and D-1, stating that, while Benjamin and he were in the ground
floor of the house of Rufina Tabian,
in the barrio of Callaguip, Paoay,
Ilocos Norte, on April 30, 1954, at about dusk,
Felipe Agdeppa came, carrying the submachine gun .45,
later marked as Exhibit H, and invited them to take a walk; that Felipe led
them to their own barrio (Masintoc), where
appellant’s house is; that, posting himself near the stairs thereof, Felipe
whistled, whereupon appellant came down, spoke in whispers to Felipe and gave
him some money; that, thereafter, Felipe invited Benjamin and Pascual to go westward, leading towards the house of
Andrea; that Felipe then bade Pascual to wait near
the stairs thereof, as he (Felipe) and Benjamin went up and inquired about
Pablo Cabotaje; that, a few moments later, Felipe and
Benjamin came down, and the three (3) of them – Pascual,
followed by Benjamin and then Felipe – moved westward, but Felipe stopped in
front of the house of Leonora; that, after walking away about 15 meters, Pascual heard two (2) shots in succession; that, as Pascual turned his head, he saw Felipe running from under
said house of Leonora; that, thereupon, Pascual and
Benjamin fled southward; that, when they were already far away from the scene
of the occurrence, Felipe, who was following them, bade them to wait for him;
that, as they did so, and Felipe overtook them, he warned them not to squeal on
him, because, otherwise, he would kill them, adding that he had killed Andrea
because appellant had told him to do so and paid him P100 therefor;
that, later on Felipe concealed the gun inside a bodega, in the northern part
of the barrio of Callaguip; and that, thereafter,
Felipe proceeded eastward, stating that he was going to Cagayan,
whereas Pascual and Benjamin went their own way.
On the same date, Benjamin Bacud
executed a similar affidavit (Exhibits C and C-1) before Judge Carpio, adding that, when Felipe and he (Benjamin) went up
the house of Andrea, he (Benjamin) inquired about Pablo Cabotaje;
that, upon being informed that Pablo was away, Felipe and he (Benjamin) went
down; and that, as the three (3) of them (Benjamin, Pascual
and Felipe) passed in front of the house of Leonora, they noticed that Andrea
was there.
Thereupon, Teofilo Gamayo
filed the corresponding complaint for murder against Felipe Agdeppa, Pascual Macoco and Julio Tapec, which was
amended on May 12, 1954,
and re-amended on July 26, 1954,
to include Benjamin Bacud as one of the defendants.
Meanwhile, or on May 6,
1954, Teofilo Gamayo
and another PC soldier, accompanied by Benjamin Bacud
and Pascual Macoco, had
gone to Masisip, Sanchez Mira, Cagayan,
where Felipe Agdeppa was apprehended. Upon investigation, the latter confirmed
substantially the stories set forth in the affidavits of Benjamin Bacud and Pascual Macoco, and stated that the sub-machine gun, Exhibit H, had
been given to him (Felipe Agdeppa) by appellant for
use in killing Andrea, with the understanding that he (Felipe) could keep it thereafter,
as part of the consideration for his
services.
Brought back to Ilocos Norte, Felipe
executed, before Judge Carpio, on May 10, 1954, the
affidavit Exhibit F, stating therein that it was he (Felipe) who had shot
Andrea Cabotaje in Masintoc,
Paoay, Ilocos Norte, in the
evening of April 30, 1954; that, in the afternoon of April 29, 1954, he met
appellant east of the place where their houses are located; that appellant
urged him to kill Andrea for a price; that he was, at first, afraid to do so,
but, appellant allayed his fear, stating that he (appellant) would take care of
him and furnish the gun with which to carry out his mission; that he demurred,
saying that he did not know how to use a gun; that appellant bade him to wait
and, fetching the sub-machine gun, later marked as Exhibit H, taught him how to
handle it; that appellant then left the gun in his possession, stating that it
was already his, as well as promising to pay him P100, apart from assuring him
that, if caught, he (appellant) would see to it that he (Felipe) was released;
that, that evening, he went home, bringing the gun with him; that, in the
evening of April 30, 1954, shortly before the occurrence, he invited Pascual Macoco and Benjamin Bacud to come with him; that they proceeded to the place
where appellant’s house is located; that, while Pascual
and Benjamin were a few paces away, although within his (Felipe’s) view,
appellant gave him P100, consisting of one 50-peso bill, two 20-peso bills and
one 10-peso bill; that, thereafter, Pascual,
Benjamin, and he went to Andrea’s place; that, after waiting for Andrea under
the stairs of Leonora’s house, he fired at her (Andrea) as she went down said
stairs; that Benjamin and Pascual were then about ten
(10) meters away; that, forthwith, Benjamin, Pascual
and he fled southward, until they reached the barrio of Callaguip;
that he concealed the gun in a hay stack, in side a camarin
in that barrio; that, thereafter, he went to the poblacion
and the next morning proceeded to Cagayan; and that,
of the sum of P100 given by appellant, he (Felipe) had already spent P70 when Teofilo Gamayo apprehended him in
Cagayan, thereby leaving a balance of P30, which he
turned over to Teofilo.
Felipe Agdeppa and Benjamin Bacud were the only persons charged in the original
information, which, after a re-investigation, was amended to include therein
Julio Tapec and Pascual Macoco, as defendants.
Later, however, Benjamin Bacud was discharged
from the information, to testify as witness for the prosecution, which he did,
reiterating what is stated in his affidavit Exhibit C. Pascual Macoco, likewise, confirmed, on the witness stand, the
story set forth in his affidavit Exhibit D.
Their testimonies were corroborated by those of Flaviano
Bacud, Leonora and Felisa Cabotaje, Teofilo Gamayo, Judge Lucas Carpio and
Dr. Bartolome Pobre, the
health officer who had made a post-mortem examination of the body of Andrea Cabotaje. Appellant
Julio Tapec stuck to his plea of innocence and
alibi. He claimed to be fishing, about 1
kilometer from Andrea’s house, when he and his companions heard the report of
gunshots. The defense, likewise, placed
Alfredo Alegado and Benito Labasan
on the witness stand, to corroborate appellant’s alibi.
Upon the other hand, testifying in his own defense, Felipe Agdeppa gave the following modified version: While he was in the house of his uncle, Marcelino Agdeppa, in the barrio
of Masintoc, Paoay, Ilocos Norte, on April
30, 1954, after supper, Benjamin Bacud
came and invited him to go to Callaguip. Felipe was reluctant to do so, but Benjamin
insisted and he (Felipe) eventually accepted the invitation. Before proceeding to Callaguip,
they passed by the house of Pascual Macoco, who joined them.
After consuming a bottle of basi, in the store
of Rufina Tabian, in Callaguip, they returned to Masintoc
and passed by Benjamin’s house, where he got a submachine gun. Then, Benjamin proposed that they go to the
house of Andrea Cabotaje, in order to rob, stating
that she had just sold several pigs. Felipe
begged to be excused, but Benjamin pointed the gun at him, and said that he
(Benjamin) would shoot him (Felipe) if he did not come along. Upon reaching Andrea’s house, Benjamin went
up the same, but soon came down and then posted himself near the stairs of the
house of Leonora Cabotaje. When Andrea Cabotaje
went down the same, Benjamin fired at her twice in succession. Then Felipe and Pascual
ran away, followed by Benjamin. When the
latter overtook them, he compelled them to receive money. The amount he gave to Felipe was P30. Felipe slept that evening in the house of his
brother Lucio Agdeppa,
about 400 meters from that of Andrea.
Before dawn, the next morning, he left for Sanchez Mira, Cagayan, and stayed in the house of his brother, Andres Agdeppa, married to Maria Davalos.
About a week later, Pascual Macoco came and persuaded him to admit that it was he who
had assassinated Andrea Cabotaje, arguing that he was
still a minor, and that “we” (?) would raise money to engage a lawyer
and secure his acquittal, as well as adding that, otherwise, “we will kill
you.” Then, Pascual left, but, soon thereafter,
he came back with two (2) PC soldiers, Teofilo Gamayo and one Mr. Partido. As Teofilo inquired
whether he was Andrea’s killer, Felipe answered “No”. Then, securing permission to talk to him,
Benjamin Bacud took him aside and advised him to say
that Andrea had been killed by him (Felipe) upon the behest of appellant Julio Tapec, apart from warning him that, otherwise, “we
will kill you.” Owing to this threat, Felipe agreed to admit his
guilt. This notwithstanding, he still
pleaded innocence when he was investigated in the Constabulary barracks in Laoag. As Pascual Macoco came, soon later,
and the investigator asked him (Felipe), once more, whether Andrea had been
killed by him, this time, out of fear, he answered affirmatively, and said that
appellant had paid him P100 therefor. His thumbmark was
then affixed on a document, the contents of which he did not know. He, however, swore to the truth of said
contents before Judge Carpio. Subsequently, Benjamin Bacud
and Pascual Macoco visited
him from time to time, and gave him small sums of money (P10, P2 and P1) on
each occasion, as well as renewed their promise to engage the services of
counsel. They, likewise, threatened to kill him should he not abide by
their agreement, but they failed to keep their promise. Hence, he testified as he did. He admitted, however, that the questions and
answers appearing in his affidavit Exhibit F were actually propounded to and
given by him, and explained that he gave said answers in accordance with the
instructions of Benjamin Bacud and Pascual Macoco.
The defense introduced,
also, the testimony of: 1) Maria Davalo – the sister-in-law of Felipe Agdippa
– in corroboration of his testimony about what transpired in her house on May 6,
1954; and 2) Godofredo Galeng, Dominador Mijares, Felipe Purisima and Esteban Agdeppa, to
contradict the testimony of Benjamin Bacud.
The trial court did not
believe, however, the witnesses for the defense, and accepted the version of
the prosecution. Hence, its
aforementioned decision convicting Julio Tapec and
Felipe Agdeppa, but acquitting Pascual
Macoco, upon the ground of insufficiency of the
evidence against him. Only defendant
Julio Tapec has appealed from said decision.
The appeal hinges on he
sufficiency or insufficiency of the evidence to establish that appellant had
induced Felipe Agdeppa to kill Andrea Cabotaje. After
going over the voluminous transcript of the stenographic notes and the scores
of exhibits introduced in evidence, which His Honor, the trial Judge, had
analyzed carefully in his 44-page decision, We find ourselves fully in
agreement with the conclusions reached therein.
Although the direct evidence against appellant consists mainly of the
extrajudicial confessions of Felipe Agdeppa, who gave
another story on the witness stand, We are satisfied that appellant’s guilt, as
author by inducement, has been duly established.
1. Indeed, said
extrajudicial confession was corroborated in so many respects as to leave no
room for doubt about the truth thereof.
Thus,
(a) Pascual
Macoco and Benjamin Bacud
were admittedly with Felipe Agdeppa at the
time of the commission of the crime charged, as well as sometime before and
subsequently thereto. Pascual and Benjamin testified that, shortly before the
occurrence, they were in the barrio of Callaguip,
where Felipe, who then carried the submachine gun Exhibit H, joined them;
that, thereafter, they returned to their own barrio of Masintoc
and passed by appellant’s house; that, as Felipe approached the stairs thereof
and whistled, appellant came down and spoke to Felipe; that Pascual
and Benjamin were then about five (5) meters away from them; that, although the
first two (2) did not hear the conversation between Felipe and appellant, the
former (Pascual and Benjamin) saw appellant
deliver some money bills to Felipe; that Pascual even
heard the name of Andrea mentioned in the course of said conversation; that,
immediately thereafter, the trio proceeded to the house of Andrea; that
Benjamin and Felipe went up said house and inquired about Pablo Cabotaje, while Pascual waited at
the foot of the stairs; that, presently, Benjamin and Felipe came down, and,
together with Pascual, they passed by the stairs of
Leonora’s house, where Andrea was; that, Felipe posted himself beside or
under said stairs, as Benjamin and Pascual walked some 15 meters away; that when, soon later,
Andrea came down from Leon-era’s house, Felipe fired twice in succession; that,
as the trio ran away immediately thereafter, Felipe bade his companions not to
squeal on him and told them that he had killed Andrea by order of appellant,
who had paid him P100 therefor, as well as gave him
the aforementioned gun; and that Felipe, subsequently, concealed it inside a
storehouse in Callaguip.
(b) Felipe’s extrajudicial confession was also corroborated by
the fact that the gun was found by Teofilo Gamayo in the place mentioned in said confession.
(c) The same was, likewise, confirmed by the fact that, when
Benjamin Bacud and Felipe Agdeppa
left the house of Andrea, after inquiring about Pablo Cabotaje,
and Felisa Cabotaje
followed them to the door, she noticed that Felipe was holding said gun. Apart from corroborating the testimony and
the affidavits (Exhibits C and D) of Benjamin Bacud
and Pascual Macoco, to the
effect that it was Felipe Agdeppa who carried said
gun and killed Andrea, the aforementioned testimony of Felisa
refutes that of Felipe, who said that the gun belonged to Benjamin Bacud and that it was he who brought it to the scene of the
occurrence and shot Andrea, as well as belies, not only the testimony of Godofredo Galeng, Alfredo Alejado and Felipe Purisima, who
would have Us believe that they had heard Benjamin Bacud
and Pascual Macoco admit
that the gun Exhibit H belonged to them, but, also, the testimony of Esteban Agdeppa, father of Felipe Agdeppa,
who affirmed that he had seen Benjamin Bacud and Pascual Macoco engage in target
practice.
2. It is worthy of notice,
also, that Felisa had no possible reason to thus
suggest that the assassin was Felipe Agdeppa, not
Benjamin Bacud, if the gun was really held by the
latter, for she and the members of her family were in the friendliest of terms with
Felipe, Benjamin and Pascual. Moreover, she could not implicate an
innocent person, without thereby exonerating the murderer of her own
sister. Then, too, her testimony as
regards the possessor of the gun in the evening of the occurrence was further
bolstered up by the fact that, upon being investigated by Teofilo
Gamayo, on May
1, 1954, appellant told
him that Felipe Agdeppa had a .45 caliber gun, the caliber of Exhibit H. The information thus supplied by appellant,
in turn, confirms the statement in Felipe’s extrajudicial confession (Exhibit
F) to the effect that the gun had been furnished by appellant, so that he (Felipe) could use it to kill Andrea
and then keep it, as part of his reward therefor.
Upon the other hand, the testimony of Godofredo
Galang and Felipe Purisima,
municipal policemen of Paoay, to the effect that,
while they were investigating Benjamin Bacud, he
(Benjamin) suggested to them that Felipe Agdeppa be
named as Andrea’s killer, inasmuch as he (Felipe) was not around at that time,
is, to say the least, manifestly incredible.
It is highly inconceivable that alleged criminals would suggest to the
very peace officers investigating them, and whose duty is to prosecute them,
that somebody else
be blamed for the crime in question.
3. Felipe’s testimony
about the circumstances under which he claims to have been induced to make a
false extrajudicial confession and then to swear to the truth thereof before
Judge Carpio, is evidently unworthy of credence.
(a) He declared that, one week after the occurrence, Pascual Macoco urged him, in
Sanchez Mira, to admit that he was Andrea’s killer, he (Felipe) being then a
minor, thereby intimating that he would, if convicted, get a light penalty, at
the same time assuring him that money would be raised to engage the services of
counsel, in order to secure his release and acquittal. The records show, however, that Felipe was born on September 20, 1930, so that he was over 23 years of age at
the time of the occurrence, and Pascual Macoco could not have made the statement imputed to him by
Felipe.
(b) Again, had Andrea
been actually shot by Benjamin Bacud, why should Pascual Macoco be interested in
shifting the blame to Felipe Agdeppa?
(c) Felipe testified, also, that Benjamin Bacud
later persuaded him to admit his guilt and name appellant herein as the instigator
of the crime charged, apart from warning him that, otherwise, “we will
kill you.” Felipe did not explain, however, who were these “we”,
apart from Benjamin. Besides, Benjamin
had no possible motive, either to kill Andrea, or to involve appellant herein
in her assassination. On the contrary,
Benjamin, Pascual and Felipe were in the most cordial
relations with Andrea’s family, for which reason Felisa
sensed nothing unusual when Benjamin and Felipe went up her house shortly
before the fatal shooting.
(d) Neither does the record show why the threat allegedly made,
either by Pascual Macoco or
by Benjamin Bacud or by both, to kill Felipe, should
he not assume responsibility for Andrea’s death, would suffice to induce him to
agree thereto. Pascual
and Benjamin were not armed, when the alleged threats were made. There is not the slightest indication that
any of them had money, power or influence, to exert any pressure upon Felipe. The three (3) of them belonged to the same
humble social station, and, being of about the same age and having grown up in
the same barrio, they were close friends and had been hanging around together
for many years. Hence, when Teofilo Gamayo sought to
ascertain the whereabouts of Felipe Agdeppa,
appellant suggested that Gamayo inquire about it from
Pascual Macoco.
(e) We should not overlook the fact that the conversation between
Pascual and Felipe, in Sanchez Mira, took place in
the house of the latter’s brother. It is
difficult, therefore, to conceive that Pascual would
have dared to threaten Felipe precisely where he must have felt a sense of
security. Similarly, Felipe was in the
Constabulary barracks in Laoag, Ilocos
Norte, when the second threat was allegedly made to him (Felipe), this time by
Benjamin Bacud.
Being under the custody of the Constabulary, which could protect him,
Felipe had no reason to fear Benjamin in that place. Significantly, it has not even been
intimated that any member of the Constabulary or public officer had, at any
time, exerted undue pressure or influence upon Felipe.
(f) As if this were not enough, Felipe admitted on the witness
stand, that the questions and answers appearing in his affidavit Exhibit F had
actually been propounded to and given by him.
What is more, Judge Carpio, before whom Felipe
had sworn to the truth of said statement, was, evidently, a friend of appellant
herein. Indeed, Judge Carpio and appellant were
together in the house of Andrea, while her body was lying in state
therein, shortly after the occurrence.
In fact, soon after Andrea had reported appellant’s alleged attempt to
ravish her, two (2) days before, Judge Carpio wrote a
note informing him of her intention to file a formal complaint, thereby giving
him an opportunity, of which he availed, to try to appease her, which he did,
although unsuccessfully, the next day.
Certainly, Judge Carpio would not have
attested to said extrajudicial confession had there been the slightest indicia
that Felipe was not acting freely in connection therewith.
(g) Felipe’s extrajudicial confession contains many details that
only he could have supplied. Besides,
said details dovetail with the facts set forth in the affidavits made by Pascual Macoco and Benjamin Bacud a week before.
Again, some of those details were unknown to them (Pascual
and Benjamin) and do not appear in their affidavits.
While Felipe was in the house of his brother, in Sanchez Mira, Pascual came – according to Felipe – and urged him to
assume responsibility for the death of Andrea, because, otherwise, “we will
kill you.” When, soon thereafter, Teofilo Garnayo came and asked Felipe whether he was Andrea’s
killer, he answered in the negative.
Thereupon, Benjamin took Felipe aside and repeated the advice and threat
allegedly given and made before by Pascual. This time, Felipe agreed to follow said
advice, only to deny his guilt, once more, when Teofilo
Gamayo began to investigate him formally in Laoag, Ilocos Norte. As soon, however, as Pascual
Macoco showed up, Felipe made the extrajudicial
confession, Exhibit F. In none of the
foregoing occasions was either Pascual or Benjamin
alone with Felipe long enough to instruct him about the details of said
confession.
Needless to say, the story thus given by Felipe on the witness
stand, was refuted by that of Teofilo Gamayo, who declared that Felipe readily admitted his guilt
in Sanchez Mira, and even gave therein some important details, which he
elaborated in Laoag, in his extrajudicial confession,
Exhibit F. Felipe’s testimony does not
even suggest that either Teofilo Gamayo
or Judge Carpio, before whom Exhibit F was sworn to,
had exerted any pressure upon him or allowed anybody to do so, in their
presence.
(h) The fact that it was Felipe, not Benjamin Bacud,
who went in hiding immediately after the occurrence and that Felipe has not
appealed from the judgment of conviction rendered against him, despite his
claim that it was Benjamin Bacud, not he, who had
killed Andrea, suggests strongly that he was really her assassin.
4. Of particular
significance in this case is appellant’s testimony to the effect that he did
not believe his illicit relations with his own niece, Andrea, had
“lowered” his “prestige and character” in the eyes of the
community and that he intended to “take her with” him “as
soon as” his “wife died”, the latter having been sick for
quite some time. Moreover, he admitted
that, meanwhile, he had, also, had extramarital relations with one Anastacia Cac, in consequence of
which she bore him a child. Even more
typically illustrative of appellant’s frame of mind is the reason given by him, on the witness stand, to explain, if
not justify, his affair with Andrea:
“x x x I saw
her to be a beautiful woman in full
bloom, and I did not want any man to get ahead of me in making her fall because if I postpone my love
making to her, she might belong to another man afterwards.”1
A person with such a sense of moral values can hardly be expected
to stop at nothing to attain his purpose.
In his own words, he did not want Andrea to “belong to another man
afterwards.”
We are, therefore, of the opinion and so hold that appellant is
guilty beyond reasonable doubt, as author by inducement, of the crime of
murder, qualified by evident premeditation, with the generic aggravating
circumstances of treachery and nighttime, in view of which the maximum of the penalty prescribed for said offense, or death,
should be meted out, except that the number of votes necessary therefor are not present.
This notwithstanding, the indemnity of P6,000.00 imposed in the decision
appealed from should be increased to P12,000.00.1
With this modification as to the indemnity, said decision is,
accordingly, affirmed, in all other respects, with costs against appellant Julio
Tapec.
IT IS SO ORDERED.
Reyes, Dizon, Makalintal,
Zaldivar, Sanchez, Ruiz Castro, Fernando, Teehankee, and Barredo, JJ., concur.
[1]
Exhibits I, I-1, J, J-1, K, and K-1.
1 Underscoring supplied.
1 People v. Pantoja, G.R. No. L-18793, Oct. 11, 1968; People v. Gutierrez, G.R. No. L-25372,
Nov. 29, 1968; People v.
Buenbrazo, G.R. No. L-27852, Nov. 29, 1968; People v. Mabaga, G.R. No. L-26337, July 25, 1969; People v. Pagaduan,
G.R. No. L-26948, Aug. 25, 1969.