G.R. Nos. L-18546 & L-18547. January 29, 1968
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. PRUDENCIO OPINIANO, ET AL., DEFENDANTS-APPELLANTS.
ANGELES, J.:
From a decision of the Court of First Instance of Leyte, rendered after a joint trial in Criminal Cases Nos.
919 and 920 of said court, finding Prudencio Opiniano, Patricio Fernandez, Florencio
Bautista, Leonardo Cabalican, Fausto
Panoy, Marcelo Panay, Luis Cabalican, Bartolome Caiwan, Adolfo (Rodolfo) Melendres
and Drillo Panoy guilty of
the complex crimes of murder with assault upon an agent of a person in
authority, with Pfc. Luis Meroy as victim, and of
frustrated murder with assault upon an agent of a person in authority, with
Pfc. Remy Parambita as the offended party, and
sentencing the accused for the first offense, each to suffer the penalty of reclusion
perpetua to indemnify, jointly and severally,
the heirs of the victim in the sum of P6,000.00, and to pay the costs, and, for
the second offense, each to suffer an indeterminate penalty of from twelve (12)
years of prision mayor, as minimum, to seventeen
(17) years and four(4) months of reclusion temporal, as maximum,
to indemnify jointly and severally, the offended party in the sum of P5,000.00,
and to pay the costs, all of the afore-named accused have appealed to this
Court.
During the pendency of the appeal, Luis
Cabalican, Faustino Panoy,
Patricio Fernandez, Marcelo Panoy and Adolfo (Rodolfo)
Melendres, in separate petitions signed by them,
manifested and prayed that their appeals be considered withdrawn. This Court granted the petitions and dismissed
their appeals, fully persuaded from a careful consideration of the evidence on
record that their participation in the commission of the crimes charged has
been established beyond reasonable doubt.
In consequence, this opinion will deal only with the appeal of the
remaining five appellants, namely, Prudencio Opiniano, Florencio Bautista,
Leonardo Cabalican, Drillo Panoy and Bartolome Caiwan.
Prudencio Opiniano
was the supreme leader of a religious organization known as the FILIPINASNON
KABUS MAGU-UMA. Next in command and
general missionary was Florencio Bautista. The ten accused and the other persons
hereinafter named were members thereof.
For about two weeks Immediately prior to
March 25, 1960, Opiniano, Bautista, Melendres
(Adolfo), Melendres (Vidal), Tabudlong,
Labas and Gacatura stayed
in the house of Cosme Mabuang
at Matag-ub, Leyte. On the morning of said date, during a meeting
of the members of the aforementioned organization convoked by Opiniano in the house of Cosme Mabuang, which was attended by all the accused, and by Melendres (Vidal), Tabudlong, Lasbas, Gacatura, Mabuang (Cosme), Mabuang (Paulino), Mablang (Santiago), Aleniabo Avarial and Arizo; those in
attendance were exhorted by Opiniano and Bautista to
challenge the PC soldiers when they meet the latter, telling them that the soldiers
were hired by the priest to kill Opiniano for
P70,000.00. Most of those present were armed with bolos and canes. Opiniano told his
followers that the signal to attack the soldiers is the raising of his cane to
his right shoulder. Following the adjournment of the meeting after Lunch, Opiniano and his followers left for barrio Sombalawan where they had been invited.
In the meantime, Pfc. Remy Parambita
and Pfc. Luis Meroy, having been informed that Opiniano and his followers were in barrio Santo Rosario in
the town of Matag-ub,
went to that place in obedience to the order of the provincial commander of Leyte to apprehend Opiniano,
Bautista and Maria Lagbas, who were accused of estafa in a criminal case.
The soldiers enlisted the aid of two civilians, Pedro Carlobos and Elpidio Paña, to serve the warrant of arrest. Remy Parambita was in civilian clothes, while Luis Meroy had his PC uniform on. Upon meeting Opiniano
and his group, Parambita and Meroy
identified themselves as PC soldiers. When Parambita
showed Opiniano a copy of the warrant and informed
him that he was under arrest, the latter refused to be arrested and challenged
the soldiers to file charges against him.
Because of the obstinate refusal of Opiniano
to be placed under arrest, and finding that they were greatly outnumbered by
the followers of Opiniano, who were armed with bolos,
daggers and canes, Parambita and Meroy
decided not to press the arrest, and prepared to leave. At this juncture, Opiniano
placed his cane on his right shoulder, and immediately his followers surrounded
the soldiers. Parambita
and Meroy were hacked with bolos and hit with canes
by Marcelo Panoy, Patricia Fernandez, Prudencio Opiniano, Florencio Bautista, Bartolome Caiwan, Fausto Panoy, Drillo Panoy,
Luis Cabalican, Leonardo Cabalican
and Rodolfo Melendres.
Pedro Carlobos shouted at the assailants
to stop, and they dispersed. This gave Meroy a chance to crawl to a nearby ricefield
where he died. Parambita
crawled to a nearby bamboo grove. Carlobos looked far Parambita
and, finding him at the bamboo grove still alive, took him to Camp
Downes, Ormoc City. As Meroy was
already dead, Carlobos left him on the ricefield. Later,
the body of Meroy was taken to the municipal
building by police sergeant Caber and the barrio lieutenant of Sto. Rosario.
Upon being informed of the incident, PC provincial commander Cirilo H. Ortilloza immediately
went to barrio Santo Rosario. Finding Meroy dead and Parambita
seriously wounded, he organized a task force to apprehend the assailants. Arrested were the ten accused. Each of them executed a written confession
narrating his participation in the commission of the crimes.
The injuries sustained by Luis Meroy
were:
“1. Stab wound, back, thorasic,
penetrating cutting the ribs 2″ x 1/2″ about one inch posterior to
mid-axiliary line;
“2 Stab wound, penetrating back, lumbar region,
1 inch from vertebral columm, right;
“3. Incised wound, occipital region 2″ x
1/4″ with bone involvement;
“4. Incised wound, crown 2″ x 1/4″ with
fracture;
“5. Punctured wound, right buttock (wound of
entrance) measuring 2″ and about 2 inches from coccys,
right side directed anteriorly and slightly downwards,
wound of exit at scrotum, right;
“6. Stab wound, superficial chest region, left
measuring 3/4″ directed medially.
Cause or death due to shock, secondary to severe hemorrhage
resulting from the wounds described above.” (Exhibit A-1, p. 2, folder
of exhibits.)
Remy Parambita
suffered the following injuries which, barring complications,
would require a healing period of from 60 to 120 days:
“1. Wound, stab, superorbital, cutting
frontal bone, right;
“2. Wound, stab, shoulder right;
“3. Wound, stab, forearm, right with fracture;
“4. Wound, incise, temporal;
“5. Wound, incised, elbow region, superficial right.” (Exhibit A, p. 1, folder of exhibits.)
The foregoing incidents are shown by the evidence of the State.
On the other hand, the appellants tried to show by their
testimonies that Opiniano and his followers were on
their way to Sombalawan when they were met by Luis Meroy, Remy Parambita, Pedro Carlobos and Elpidio Paña. Parambita asked if the
group of Opiniano belonged to the organization Filipinasnon Kabus Magu-uma, and he received an affirmative answer. He asked for their identification cards and
they were exhibited to him. He inquired
who in the group were Opiniano, Lagbas
and Bautista and, the persons concerned having introduced themselves, Parambita told them:
“You are under arrest.”
The three asked with what case they were charged, and Parambita informed them that they were accused of estafa in Jiabong, Samar. Opiniano refused to go with the soldiers, in spite of an
invitation to that effect, because Parambita could
not show the original of the warrant of Arrest.
Upon Opinano’s refusal, Parambita
remarked that they should be prepared.
Forthwith, the soldiers fired successive shots at the group of Opiniano which was but four meters away. Tranquilino Tabudlong was hit.
In the commotion that ensued, some scampered away and hid behind coconut
trees and banana plants, and others lied down on the ground. After the firing, Eustaquio
Avarial, Santiago Mabuang
and Luis Cabalican grappled with the soldiers. Parambita was
hacked by Ireneo Aliñabo on
the forehead. Avarial
hit the hand of Meroy, and after the revolver which
the latter was holding had fallen to the ground, Fernandez took,
the gun and ran away. Meroy was also stabbed by Aliñabo
and Mabuang.
After the incident, Opiniano and his
followers proceeded to Kangkalaw and staved in the
house of Patricio Fernandez. The next
morning, on their way to Villaba, they sew PC soldiers
manhandling the people, so they went to Mataroto. The accused were apprehended at Montealegre and brought to Kananga, Leyte.
They claim that their extrajudicial confessions were executed by them
because of maltreatment which they suffered in the hands of PC officers and
soldiers.
Appellants have assigned three errors, allegedly committed by the
trial court:
1.
“in finding that the accused held a meeting
on March 25, 1960, to plan
the murder of Luis Meroy and Remy Rarambita;
2.
“in admitting as evidence, the extrajudicial
confession of the accused;
3.
“in finding that
even without the extrajudicial confession of the accused, the evidence
presented supported its findings that the accused were responsible for the
death of Meroy and the wounding of Parambita.”
Upon a careful review of the record, We
have become fully persuaded that the lower court did not commit the errors
imputed to it.
The evidence discloses that the Filipinasnon
Kabus Magu-uma is a
religious organization. It was, founded
in the year 1954, by Florencio Bautista. Upon joining
the organization, Prudencio Opiniano
became its supreme leader. The utter lack of education on the part of the members
of the organization is described by Opiniano in these
words: “these poor people
approached me x x x and I
found out that they have no education, and they do not know how to read and
write x x x that is why for
the sake of helping these people who wanted to find progress and knowledge x x x they needed me.” During the sojourn of Opiniano
in the house of Cosme Mabuang,
his followers visited him “to pay their respects” and “pledge
their loyalty”, and to thank him also for all the good things he had done
for them. The moral and spiritual
influence of Opiniano on his followers was so strong
that, in the words of defense witness Biervenido
Garcia, his teachings were accepted as the words of God.
The organization was able to secure from the Assistant Insurance
Commissioner a certification that it has complied with the legal requirements
of benevolent societies or associations, and it was granted a license to
transact: business concerning mutual benefits and relief. With this license, its members had embarked
in an indiscriminate and unbridled solicitation of contributions to further its
cause, culminating in the filing of a criminal complaint for estafa against Opiniano, Lagbas and Bautista with the municipal court of Jiabong, Samar. The warrant of arrest, which was certified by
the Judge of the Court of First Instance of Samar, for
service by any authority out side the province, was brought to the 59th PC
Company at Camp Downes, Ormoc
City. It was entrusted to Pfc. Luis Meroy and Pfc. Remy Parambita for
enforcement.
The estafa case was not unknown to Opiniano, for even before March, 1960, he already knew of
its pendency in court. In his extrajudicial confession, Exhibit L,
he declared thus:
“x x x
before March 25, 1960, I already knew I was accused of estafa
before the justice of the peace court of Jiabong, Samar; the reason I went to Matag-ub,
Leyte, was to avoid arrest.”
Opiniano also knew that there was a
price on his head. Thus, he declared at
the trial:
“A.- x x x There was even a person in the name of Estanislao Lim who offered P72,000,00 reward for my death and also of Mariano Gabumpa.” (p. 248, t.s. n., Nov. 14, 1960.)
“Q.- You
said that it was still in 1959 that you heard of a plan to kill you and your
members, is that right?
“A.- Yes,
sir, especially the members of our organization.
x x
x
COURT:
“Q.- Will
you please tell the Court who is that Lim was willing to give P72,000.00 to
kill you?
“A.- Estanislao Lim Rosales.
“Q.- What
is his position?
“A.- He is
one of the right man in Cervantes, Catarman.
“Q.- Who
is Mariano Gabumpa?
“A.- He is
the priest of the Iglesia Filipina.” (pp. 273-274, t.s.n.)
The sojourn in the house of Cosme Mabuang of Opiniano and some of
the members of the organization has been duly established. Rosa Mabuang, wife
of Cosme Mabuang, declared
that for about two weeks immediately prior to March 25 1960, Prudencio Opiniano, Florencio Bautista,
Adolfo Melendres, Vidal Melendres,
Tranquilino Tabudlong,
Maria Lagbas and Rosario, Gacatura
stayed in their house at Matag-ub, Leyte.
Accused Rodolfo Melendres corroborated Rosa Mabuang as follows:
“Q.- On March 25, 1960, please recall to the
best of your memory where were you?
“A. – I was in the house of Cosme Mabuang.
“Q.- Rosa Mabuang was there?
“A.- Yes,
sir.
x x
x
“Q.- You
stated that you and six others including Opiniano and
Florencio Bautista stayed in the house of Cosme Mabuang, not less than a
week, is that correct?
“A.- Yes,
sir.” (t.s.n. p. 202, Feb. 12, 1961)
Appellant Florencio
Bautista confirmed the testimonies of Rosa Mabuang
and Rodolfo Melendres thus:
“Q.- In
the morning of March 25, 1960,
where were you?
“A.- I was
in the house of Cosme Mabuang.
“Q.- Who
were with you in the house of Cosme Mabuang?
“A.- Prudencio
Opiniano, Rodolfo Melendres,
Fidel Melendres, Rosario Gacatura,
Maria Lagbas, Cosme Mabuang, Rosa Mabuang and myself.
“Q.-How long have you been living
in the house of Rosa Mabuang?
“A.- Not
long ago. About six days before March 25, 1960.” (p. 240, Ibid.)
The confession of Florencio
Bautista is of similar tenor as His testimony in court. Thus:
“on the morning of March 25, 1960, I was in the house of
Cosme Mabuang; my
companions were Prudencio Opiniano,
Rodolfo Melendres, Fidel Melendres,
Rosario Gacatura, Maria Lagbas,
Cosme Mabuang and Rosa Mabuang; I have lived for about six days before March 25, 1960 in the house of Mabuang.”
The meeting in the house of Cosme Mabuang on the morning of March 25, 1960, and the
exhortation by Opiniano and Bautista to challenge the
PC soldiers and to attack them when the former’s cane
is placed on his right shoulder, as the trial court said, “Prudencio Opiniano himself
admitted that he used canes, similar to the use of cane by Moses.” (Decision, p. 13) are clearly shown by the
evidence. Rosa Mabuang
testified that on the morning of March
25, 1960, Opiniano convoked a meeting of
the members of the organization in her house. Those who came to attend the
meeting were Florencio Bautista, Adolfo Melendres, Vidal Melendres, Tranquilino Tabudlong, Maria Lagbas, Bartolome Caiwan, Rosario Gacatura Cosme Mabuang, Paulino Mabuang, Santiago Mabuang, Ernesto Aleniabo,
Patricio Fernandez, Luis Cabalicán, Leonardo Cabalican, Eustaquio Avarial, Aquilino Arizo, Marcelo Panoy and Drillo Panoy. During the meeting,
Prudencio Opiniano and Florencio Bautista told those present that “when they
meet PC soldiers they would challenge these PC soldiers,” because
“the PC soldiers were hired by the priest for P70,000.00
to kill him (Opiniano).” On cross-examination,
Rosa Mabuang declared:
“Q.- Prudencio Opiniano told you and
the members who were present that the only sign to attack the PC soldiers is
by raising the cane on the right shoulder, is that right?
“A.- Yes,
sir.
“Q.- He
told the members that he will not speak nor talk but he will only give the sign
to show the challenge to the PC soldiers, is that right?
“A.- Yes,
sir.” (t.s.n. p. 31)
Santiago Mabuang,
an accused who was discharged to be a witness for the prosecution, declared
that on March 25, 1960, he was in the house of Cosme Mabuang, his younger brother, at Matag-ub,
Leyte, because a meeting of the members of the
organization was to be held thereat.
Present at the meeting were Prudencio Opiniano, Vidal Melendres,
Faustino Panoy, Bartolome Caiwan, Maria Lagbas, Rosario Gacatura, Tranquilino Tabudlong, Marcelo Panoy, Virgilio Panoy, Luis Cabalican, Leonardo Cabalican, Eustaquio Averial, Ireneo Aleniabo, Cosme Mabuang, Rosa Mabuang, Paulino Mabuang and himself.
Opiniano told them: “there are constabulary soldiers
looking for him;” x x x
“these constabulary soldiers were hired by the Priest for P70,000.00;” x x x “if they are agents of the law, we will challenge
them;” x x x “We
are invulnerable to bullets;” x x x “when the cane would be placed on his (Opiniano’s) shoulder, that is the sign that all the members
would attack the PC soldiers.” x x x “When Opiniano told us to fight the soldiers, we agreed.”
Abundantly clear in the record also are the facts that the
victims were challenged even though they identified themselves as PC soldiers,
and they were assaulted when Opiniano raised his cane
to his shoulder. Thus, Pfc. Remy Parambita testified that upon meeting Opiniano
and his followers on the afternoon of March
25, 1960, they (Parambita and Meroy) identified themselves as PC soldiers. He (Parambita)
showed to Opiniano a copy of the warrant of arrest
and informed the latter that he was under arrest. Opiniano
refused to be arrested and challenged the soldiers to file charges against
him. Because of the obstinate refusal of
Opiniano to be placed under arrest, and finding that
they were greatly outnumbered by Opiniano’s followers,
who were armed with bolos, daggers and canes, he and Meroy
decided not to press the arrest of Opiniano and they
prepared to leave. At this juncture, Opiniano placed his cane on his right shoulder, and his
followers immediately Surrounded them. He and Meroy were
hacked with bolos and canes by Marcelo Panoy,
Patricio Fernandez, Opiniano, Florencio
Bautista, Bartolome Caiwan,
Fausto Panay, Drillo Panpy, Luis Cabalican, Leonardo Cabalican,
and Rodolfo Melendres.
Appellant Bartolome Caiwan
corroborated Perambita’s testimony that the victims
identified themselves. Thus, he
declared:
“Q.- As a
matter of fact, you heard the white complexion man who was talking to Opiniano that he was a soldier who was going to arrest him?
“A.- Yes,
sir, because they were talking aloud.
“Q.- And that other soldier, you
heard him also distinctly telling Opiniano he was a
soldier who was arresting Opiniano because of a estafa case he had in Jiabong, Samar?
“A.- Yes,
sir.” (t.s.n. pp. 108-109,
Nov. 16, 1960.)
Appellant Florencio Bautista
corroborated Caiwan that Parambita
gave the identities of the victims. He
declared:
“COURT:
“Q.- By
the way, do you mean to say that Parambita told you
that they were PC soldiers when you made mention about the fact that Parambita said: ‘We are government authorities?’
“A,- Yes,
your Honor, but we did not believe it because they could not produce a warrant
of arrest.” (t.s.n. p.
236, Jan. 30, 1961)
The testimony of Pedro Carlobos is of
similar tenor as the testimony of Remy Parambita. He declared that the PC soldiers told Opiniano and his followers to stop and asked for their
ID’s. Addressing Opiniano,
Meroy said: “you, Florencio
Bautista and Maria Lagbas are under
arrest.” Opiniano
answered: “I will not go with
you.” The PC soldiers replied: “Why will you not go with us? We are ordered by the authorities to arrest
you.” At that precise moment, Opiniano “placed his cane on his right shoulder”
and shouted, “You move now, these are our enemies.” The followers of Opiniano
suddenly encircled the PC soldiers and attacked them, using bolos and
canes. Parambita
and Meroy were attacked by Marcelo Panoy, Patricio Fernandez, Prudencio
Opiniano, Bartolome Caiwan, Fausto Panoy, Luis Panoy, Drillo Panoy, Luis Cabalican, Adolfo Melendres and Leonardo
Cabalican. The
sidearm of Meroy was taken by Patricio Fernandez.
Elpidio Paña,
one of the civilians who accompanied the PC soldiers, corroborated the
testimony of Carlobos. (pp. 41-53, t.s.n. Nov. 16,
1960)
Rosa Mabuang declared that her husband,
Cosme Mabuang, died on
March 29, 1960, having been shot by PC soldiers, because, he together with Takyo (Eustaquio) Avarial and several other members of the organization,
challenged the PC soldiers. During the
encounter, Avarial also died. (t.s.n. p. 31)
The foregoing salient facts are demonstrated not only by the
testimonies of the prosecution witnesses which have been corroborated by the
appellants themselves, but also by the extrajudicial confessions of the appellants
which stripped of details, excerpted salient particulars of the confessions of
the appellants are as follows:
1. PRUDENCIO
OPINIANO – Exhibit L.
He declared that he was the founder and Supreme servant of the
organization – “Filipinasnon Kabus
Magu-uma”; 43 years old; before March 25, 1960, he
already knew that he was accused of estafa before the
justice of the peace court of Jiabong, Samar; the reason he went to Matag-ub,
Leyte, was to avoid arrest; on March 25, 1960, his
followers and himself were on their way to Sambolawan,
and at Sto. Rosario, they met PC soldiers; he knew
they were PC soldiers; they identified themselves as PC soldiers; his
companions were Tabudlong, Caubata,
Bautista, Bacatura, Lagbas,
Caiwan, Fernandez, Avarial,
Rodolfo and Vidal Melendres, Leonardo and Luis Cabalican, Aleniabo Marcelo and Fausto Panoy; they were members
of the organization; the soldiers said that Lagbas,
Bautista and himself were under arrest; his followers were around him; the
soldiers were not able to make arrest because they refused to be arrested; he
saw Drillo Panoy and Fausto Panay stab one of the
soldiers; Fernandez took the sidearm of the soldier; they were armed with canes
and bolos; in that encounter, one soldier died, and another was wounded; after
the incident, they proceeded to Sambolawan; he did
not give the order to attack the soldiers; he does not know who gave the order
to attack the soldiers; he hit Meroy once with his cane;
Meroy was assaulted by Drillo,
Fausto and Marcelo Panoy,
Vidal Melendres, Fernandez, Lagbas
and Gacatura; the other soldier was assaulted by
Bautista, Adolfo Melendres and the other members.
2. DRILLO
PANOY – Exhibit B-2.
He declared that he is 39 years old; he joined the organization –
Filipinasnon Kabus Magu-uma in December 1957; Opiniano
was the Supremo, and Bautista, the general
missionary; he was in the group that assaulted two PC soldiers on the afternoon
of March 25, 1960; the soldiers identified themselves as PC soldiers; they
asked for their ID’s; the soldiers were trying to arrest Opiniano
and Bautista, but the latter refused to be arrested, and when the soldiers
insisted to make the arrest, Bautista ordered him to stab the PC; Bautista
ordered them to fight the PC; he saw, Opiniano hit
one soldier with his cane; Bautista stabbed him with a hunting knife; Marcelo Panoy hit him with his cane; Lagbas
and Gacatura hit the soldier with their canes; he
stabbed the soldiers with his bolo, but he cannot remember how many times he
stabbed the soldiers; one of the soldiers who was small was hacked by Alineabo and Fausto Panoy with their bolos; those who assaulted the soldiers
were Opiniano, Bautista, Vidal Melendres,
Fernandez, Marcelo Panoy, Alineabo,
Fausto Panoy, Caubat, Luis Cabalioan, Avarial, Caiwan, Tabudlong, Mabuang, Lagbas, Gacatura, Leonardo Cabalican and himself; Fernandez was able to disarm one
soldier, and Rodolfo Melendres the other soldier;
they left the wounded soldiers and proceeded to Sambolawan,
Leyte; he did not report the incident tit anybody
because he was afraid of Bautista.
3. LEONARDO
CABALICAN – Exhibit B-7.
He declared that he is 41 years old; a member of Filipinasnon Kabus Magu-uma since 1959; on the afternoon of March 25, 1960, he
was with the group of Opiniano; he knew that Opiniano was accused in Samar;
approaching Sto. Rosario, they were overtaken by PC
soldiers; the soldiers were talking to Opiniano and
reading something; Opiniano refused to be arrested;
suddenly Marcelo Panoy hit one of the soldiers on the
head and on the body; Drillo Panoy
stabbed the soldier, first at the back, next at the side and stomach; he hit one
of the soldiers with his cane, the others also participated; Alineabo and Adolfo Melendres
were grappling with the soldier, who was already wounded; they were able to get
the sidearm of the soldier; after the incident they proceeded to Sambolawan; he did not report the incident to anybody
because he was afraid; he knew they were being pursued by the PC, so they went
to sitio Matoroto, and at
this place, Opiniano told them to disperse.
4. BARTOLOME
CAIWAN – Exhibit B-10.
He declared that he is 39 years old; a member of the organization
– Filipinasnon Kabus Magu-uma; at about 2:00 o’clock in the afternoon of March
25, 1960, he was with the group of Opiniano; they
were going to Sambolawan; they were overtaken by two
PC soldiers and two civilians; they ware ordered to stop; the soldiers asked
who were Opiniano and Bautista; the soldiers said
that Opiniano and Bautista were under arrest; Opiniano asked for the warrant of arrest, and the Soldiers
answered they should go with them because the warrant was in the town; there
was a discussion when he saw Marcelo Panoy hit Pfc. Meroy, followed by. Fernandez and Bautista; Meroy fell to the ground; he was stabbed by Drillo, Fausto and Marcelo Panoy; the other soldier was struck with their canes by
Vidal Melendres, Opiniano,
Lagbas and Rodolfo Melendres,
and Avarial, Luis and Leonardo Cabalican,
Aleniabo and Tabudlong
hacked him with their bolos; he was just: looking and took no part; he saw the
soldiers carrying sidearms; the soldiers used their
firearms; they fired three shots; he saw the two soldiers beaten up and
stabbed; the pistol of Meroy was taken by Fernandez,
and the revolver of Parambita was taken by Adolfo Melendres; after the incident, they all ran to Sambolawan; those who participated in the attack were all
members of the organization; the soldiers introduced themselves as PC; Opiniano gave the order to stab the soldiers.
5. FLORENCIO
BAUTISTA – Exhibit B-11.
He declared that he is 34 years old; a missionary of the
organization since 1956; their leader and founder was Opiniano;
he joined the organization when he first came to know Opiniano
at his residence in Ormoc City when he happened to
buy sweepstake tickets from him; there were many others who joined the organization
(mentioning their names); the organization has a constitution and by-laws;
thirteen persons signed the constitution (mentioning their names); the
organization has many branches (listing the places, dates of organization, the
heads of the branches, and number of members); he visited the various branches
of the organization (giving the number of times he visited the branches); he
came to know that Opiniano and Lagbas
were accused of estafa; he did not know he was one of
the accused; those who attacked the soldiers were 18 in all, including
himself; he knew that the persons they assaulted were PC soldiers, because the
soldiers identified themselves; the soldiers talked to Opiniano
and told him he was under arrest on a charge of estafa;
when the soldiers overtook them at Sto. Rosario,
they were 18 persons (giving their names); he hit one soldier with his cane, he
hit the soldier only once, and that soldier was boloed
by Aleniabo and Rodolfo Melendres;
after the incident, one soldier, was killed, and the other wounded; Marcelo Panoy and Vidal Melendres were
among those who attacked the soldiers.
It is contended that the trial court fell into error in admitting
the extrajudicial confessions of the accused as evidence. In support of their
contention, appellants rely on their testimonies as follows:
1. Prudencio
Opiniano testified that he was the first to be
investigated; a soldier slapped his face with a piece of paper; he was in
civilian clothes, and he is called Tayko.
“A.- They
wanted us to say that we were the ones who wounded the PC Luis Meroy and Remy Parambita, and
because I did not accede to what they wanted, I was taken by another soldier
and placed in another room in the Headquarters.
My head was knocked and my ribs were boxed. I did not know the persons who maltreated me
but I recognized him when I saw him in the picture to be Vicente Luna.
“Q.-Before Colonel Luna maltreated
you, you never had any conversation with him is that right?
“A.- I did
not have any conversation with Colonel Luna before I was maltreated by him.
x x
x
“Q.-You only know that it was Colonel
Luna who maltreated you when you saw that picture marked Exhibit 14-a, is that
right?
“A.- Yes,
sir.
“Q.- When Colonel Vicente Luna was
maltreating you, this Major Hertillosa, Major Omaña, Major Corsiga and Capt. Dimaala were
Also present, is that right?
“A.- I
cannot remember whether they were present, but there were many PC soldiers
around.
“Q.- More
or less, how many PC soldiers were present?
“A. – I cannot tell you the exact
number, they were many.
x x
x
“Q.- About
twenty?
“A.- I am
not sure.
“Q.- About
ten?
“A. – I do not know.”
He declared that his companions and himself were arrested by the
PC soldiers in the early morning of April 1, 1960; they were taken to Kananga, Leyte where they were
met by Capt. Tayko, Capt. Dimaala,
Major Corsiga, Major Hortillosa
and Major Omaña; Capt. Tayko did not maltreat him, but he promised to destroy
the properties he had wish him, because according to him, that was the cause of
the trouble.
“Q.- So,
do you want to convey to the court that Capt. Tayko
never maltreated you at any time while you were in Kananga, Leyte?
“A.- No,
sir, he did not.
“Q.- How many
soldiers maltreated you while you were snatched?
“A.- The
one who snatched me was that soldier in the picture with Major Corsiga, but I do not remember who that soldier was.
“Q.- How
many soldiers maltreated you at the time you were snatched in Montealegre?
“A.- I did
not recognize the persons who maltreated me. I was unconscious at that time.
“Q.- So,
at the time you were snatched by the PC soldiers, you were unconscious, is that
right?
“A.- Yes,
sir.
“Q.- There
were about four soldiers who maltreated you, is that right?
“A.- They
were many. If I am not mistaken there
were three jeeps loaded with soldiers.
“Q.- And
all the soldiers took turn in maltreating you?
“A.- One
soldier slapped my face and another soldier kicked me.
“Q.- And
you were also boxed at your face?
“A.- I was
slapped.
“Q.- When
they kicked you, it was also very strong?
“A.- I
felt pain.
“Q.- You
felt pain so much so that you became unconscious because you were already weak
at the time, is that right?
“A.- Yes,
sir.
x x
x
“Q.- But
according to you, you were sick and weak when you arrived in the Task Force
Office at Kananga,
Leyte, is that right?
“A.- Yes,
sir, when I arrived there Major Corsiga held my hair
and pushed me to the ground.
“Q.- Major
Corsiga merely held your hair, is that right?
“A.- Yes,
sir.
“COURT: Q.- When you were
pushed to the ground, what happened to you?
“A.-
Nothing happened to me.” (t.s.n.
p. 283, Nov. 14, 1960)
“Q.- You
also stated that Major Corsiga maltreated you, you
were also maltreated by Major Hortillosa, is that
right?
“A.- I was
only asked questions.
“Q.- So,
you want to impress the court that Major Hortillosa
never maltreated you while you were in Kananga,
Leyte, is that right?
“A..– He
did not maltreat me.
“Q.- As a
matter of fact, while you were in Kananga,
Major Hortillosa was very friendly with you, is that
right?
“A.- As
far as I remember, he did not do anything to me.
“Q.- Is it
also true that Capt. Dimaala did not maltreat you
while you were in Kananga,
Leyte, is that right?
“A.- I do
not remember.”
2. Florencio
Bautista testified that at Montealegre they
were captured by PC soldiers and taken to Kananga where they were met by
Capt. Dimaala and Major Hortillosa.
Opiniano told Hortillosa and Dimaala about the
incident, but the PC officers would not believe him. They said that Opiniano
and Bautista were the ones who killed and wounded the PC soldiers. Opiniano and
Bautista answered that they were not the ones but Ernesto Aleniabo
and Santiago Mabuang who killed and wounded the PC
soldiers.
“Q.-How were you treated during the evening?
“A.-
We (Opiniano and Bautista) were manhandled by Capt. Dimaala and Major Hortillosa; Opiniano was held by Major Corsiga
by the hair, and he was elso slapped by Capt. Dimaala; Capt. Dimaala, Major Hortillosa, Major Corsiga, Major Omaña and the rest of the soldiers brought us to bushes;
thereat Hortillosa and Dimaala
told us that if we do not point to Opiniano as the
one responsible for the attack of the soldiers, we would be killed; the
affidavit I signed was prepared by Hortillosa; when
our lawyer was yet Atty. Mendiola, we protested to
him regarding the contents of our affidavit, but Atty. Mendiola
said ‘you can declare about your affidavit before the court’, and then when we
have another lawyer, Atty. Aban (of record) we had
again protested to him as to the
contents of our affidavits, and we even sent a letter to the Honorable Court on
September 10, 1960, regarding our protest in the said affidavit.” (t.s.n. p.25)
3. Drillo
Panoy testified that at Balkosan,
Aleniabo, Marcelo Panoy and
himself met PC soldiers. One of the soldiers
asked them if they were members of the group which had an encounter with PC
soldiers at Rosario, and they answered
that they were from Sambolawan. The soldiers remarked: “they are Polahan”
and arrested them. They were taken to Kananga, Leyte.
He was hogtied and made to sit on o a chair. A soldie threatened
him with a hunting knife. That night,
two PC soldiers maltreated him. He was
boxed several times. They held his neck
and struck him with a chair, and one of the legs of the chair was broken. Capt. Dimaala handed
him a written statement and told him to sign it, otherwise, he would be
killed. He signed the statement. Its contents were not translated to him. Asked by his lawyer if the deputy clerk of
court, Dejano, translated his statement to him in the
Cebu-Visayan dialect, Drillo
Panoy answered:
“I cannot remember.” Asked further why he could not remember,
he answered: “x x x
because I was shocked at that time and I became insane when the affidavit was
prepared.”
“COURT: Q.-
Why did you become insane?
“A.- Because
I was brought to the provincial jail by a PC soldier and I was maltreated by
prisoners in the jail. That is why I
became groggy and insane.”
On cross-examination, Drillo
Panoy declared:
“Q.- How
many persons maltreated you?
“A.- Of
the 13 prisoners, only two were able to maltreat me. x x
x.
“Q.- And
you found out after you were maltreated that you had a headache because of the
swollen portion at the back of your head?
“A.- Yes,
sir.
x x
x
“Q.- At the time you were
maltreated by your 11 inmates, your co-accused, Prudencio
Opiniano and others were watching you, is it?
“A.- Yes, sir.
“Q.- And
they never lifted a finger to prevent the maltreatment, is that right?
“A.- No,
sir.
“COURT: Q. You
did not report that matter to the provincial warden?
“A.- No
sir, because I was afraid.
“Q.- Do
you still remember the visit of the
presiding judge of this Court to Ormoc sub-provincial
jail?
“A.- Yes,
sir.
“Q.- Do
you remember if you have reported to him that matter after the Presiding Judge
asked you and the inmates if they have any complaint?
“A.- I
did not report the matter because I was afraid.
“FISCAL: Q.-
You did not go to any government physician to be examined by them and in order
to be treated, is that right?
“A.- No,
sir, because of fear.
x x
x
“Q.- And
as a matter of fact, this is the first time you narrated this story before this
court, is that right?
“A.- Yes,
sir.
“Q.- So we
are made to believe that the maltreatment that you had was not reported to
anybody else, is that right?
“A.- I
told the incident to my inmates in the Ormoc
sub-provincial jail.
“COURT: Q. Did
you tell your lawyer?
“A.- No,
sir.
“Q.- You
said that you were maltreated in Kananga,
Leyte, did you tell to any
government authority about this maltreatment?
“A.- No
sir, because of fear.
“Q.- You
did not also report the fact that you were maltreated at Camp
Downes, Ormoc City,
to any Government authority, is that right?
“A.- I did
not.
“Q.- You
stated that you admitted that you made statement that were against you and Prudencio Opiniano, what do you
mean by that?
“A. – I mean to say that the words
or contents in the exhibits marked exhibits D and D-1 which were in favor of Prudencio Opiniano and myself are
my own declaration, but those that are not in my favor and of Opiniano were only fabricated.
“Q.- Will
you please tell the Honorable Court which portion of the affidavit were made by
Capt. Dimaala?
“A.- That
portion which states that Prudencio Opiniano placed the cane on his right shoulder and that portion
which states that I used a bolo and thrust it to Pfc. Luis Meroy. Those are not my statement.”
4. Leonardo Cabalican testified that they were apprehended in Bo.
San Vicente, Alangngilang, Leyte, and taken to Tacloban,
Leyte, where they were
investigated. They were hogtied. Many persons were present during the
investigation. They were told that their
companions in Bulak were killed. A picture of his companions
and of himself taken, Exhibit 2.
After the picture-taking, they were taken to the stockade, where a big
soldier said that colorum.” That soldier kicked him but Luis Cabalican was not maltreated, “because the big soldier
was stopped by the small soldier. The
next day, they were taken to Kananga
where, they were investigated again. A
big fellow in civilian clothes “hit me at my right ear” and said:
“you follow that statement. If you
will not follow, then we will maltreat you.” He signed the statement out
of fear.
“Q.- Did
you understand the contents of Exhibits G-1 and G-2, during that investigation
in Kananga,
Leyte?
“A.- I
was told to testify that Prudencio Opiniano maltreated the PC soldiers and that Florencio Bautista al also participated well as the two
women in manhandling the PC soldiers.
(The confession of Leonardo Cabalican,
however, does not contain such statement and no question to the effect was ever
asked.)
He declared that they were taken to the
provincial jail. “And in jail, the
warden investigated me and we were made to sign a statement.”
5. Bartolome
Caiwan declared that at about 2 o’clock in the afternoon of March 25, 1960, he was with Opiniano and his companions bound for Barrio Sambolawan. After his arrest he was taken to Kananga with his hands tied at his
back. At Kananga, he was threatened by the
soldiers saying “if you are not going to sign your affidavit in this
investigation, we will kill you.”
He was boxed by the soldiers for three nights. Capt. Dimaala told
him that if he will not sign the affidavit, he will be brought back to the PC
camp. On cross-examination, he testified
thus:
“Q.- Did
you report this matter,that you were maltreated to
any government authority?
“A.- No,
sir, but just now.
“Q.- You
never told that to your lawyer?
“A.- No,
sir.”
Upon the other hand, Leonardo Dejano,
deputy clerk of court, Court of First Instance of Leyte,
declared that Fausto Panoy,
Drillo Panoy, Luis Cabalican, Marcelo Panoy,
Leonardo Cabalican and Adolfo Melendres
were brought before him to swear to their statements. Before making them subscribe under oath to
their respective statements, he translated the statement in Cebu-Visayan
dialect. After asking each of them if he
understood the contents of the statements, and if the same was his own free
will, they admitted to him that the statements are true, and they signed the
statements.
Olivo Dregor,
clerk of court, Court of First Instance of Leyte,
declared that Patricio Fernandez, Bartolome Caiwan, Florencio Bautista and Prudencio Opiniano were brought
before him to swear to their statements.
He translated to each of them their statements in Cebu-Visayan
dialect, and they admitted to him that their statements are true.
We are inclined to believe that the extrajudicial confessions of
the appellants were executed freely and voluntarily. They contained such details as only the declarants could have furnished. For instance, in the confession of Florencio Bautista, the particulars about the constitution
and by-laws of the organization and of the various branches thereof,
are mentioned. It is no easy to believe
that the investigating officers fabricated said particulars. Moreover, as typified by the confession of Prudencio Opiniano, the
extrajudicial statements of the appellants contained inculpatory
as well as exculpatory facts. These are
clear badges of spontaneity and voluntariness. (People v. Castro, L-17465,
August 31, 1964.)
The testimonies of Opiniano and
Bautista concerning the alleged maltreatment are hopelessly
irreconcilable. Bautista testified that
Capt. Dimaala and Major Hortillosa
maltreated them. On the other hand, Opiniano declared that during the investigation, Major Hortillosa was very friendly with him and Capt. Dimaala did not maltreat him. Drillo Panoy, on his part, declared that the prisoners, in his
cell were the ones who maltreated him, and he did not report any maltreatment
to the presiding judge when the latter paid him a visit at the Ormoc sub-provincial jail.
Nor did he submit himself to any government physician for
treatment. Leonardo Cabalican
tried to convey that he was urged by the PC soldiers to impute the assault of Meroy and Parambita to Opiniano and Bautista.
His confession, however, does not contain such a statement nor was a
question to that effect ever asked of him.
Bartolome Caiwan
admitted that he did not report any maltreatment to any government authority or
even to his lawyer, and that the first time he mentioned maltreatment was when
he testified in court. Upon the posture
of appellants’ testimonies, there is strong reason to believe that the claim of
alleged maltreatment is a pretext and a last-ditch attempt to exculpation of
the crime charged.
Neither does the appelant‘ version of
the incident inspire rational belief. Florencio
Bautista tried to make the impression that they were fired upon by the victims
when Opiniano refused to be arrested. Considering, however, the close proximity of
the soldiers to Opiniano and his followers – a
distance of four meters – it is strange that the group of Opiniano
emerged unscathed from the encounter whereas the PC soldiers sustained mortal
injuries.
It is claimed that Tranquilino Tabudlong was hit on the head by a bullet. This was, however, discredited by the trial
court thus:
“The contention of the accused that Pfc
Meroy and Pfc. Parambita
fired eight (8) shots at the group of the accused at a distance of only four(4)
meters, with 45 caliber pistol and revolver, without said soldiers hitting
anyone of the accused, except on the head of Tranquilino Tabudlong causing a
slight injury, before the three companions of the accused assaulted said
soldiers, runs counter to the ordinary course of nature, unless we give credit
to their improbable claim and fanatical belief that the said accused are
invulnerable to bullets. No witness
other than the accused has been presented to show and testify to this fact;
and no medical certificate has ever been presented to show that Tranquilino Tabudlong was
injured; and Tranquilino Tabudlong
himself has never been presented. “
We fully agree, with the foregoing findings and conclusions of
the trial court.
It is conspicuously noticeable from the evidence that while the
appellants are in unison in their testimony that the soldiers fired successive
shots towards the group of Opiniano at a distance of
only four (4) meters, their accounts of the event are contradictory of each
other which renders their version incredible. Thus, appellant Bartolome Caiwan did not mention
in his testimony anything about the wounding of Tabudlong. He declared thus:
“Q.- When
your group proceeded to Sombalawan, can you tell the
court what happened?
“A.- When
we went ahead with Opiniano, we heard shots behind
us.
“Q.- What
did you do when you heard the firing of shots?
“A.- We
ran away and some were lying on the ground.
“Q.- When
there were no more shots, what did you and your companions do?
“A.- We proceeded our way.
“Q.- Where
did you go?
“A.- To
barrio Sombalawan with Opiniano,
Bautista Tabudlong, Rodolfo and Vidal Melendres, Gacatura Luis and
Leonardo CabaIican, Drillo
and Marcelo Panoy, and I do not remember the
rest.”
Luis Cabalican, accused-appellant, who
was also in the group of Opiniano, declared thus:
“x x x then I saw they (soldiers) were conversing with Opiniano; after a while Opiniano
left the group of Parambita, and when we were about
to proceed on our way, I heard eight(8) shots; when I stood up, I saw three
persons grappling with each other.
“Q.- Do
you know the names of those persons grappling with each other?
“A.- Yes,
sir.
“Q.- Please
tell the Hon. Court their
names.
“A.- Eustaquio Avarial, Santiago
Mabuang and Ireneo Aleniabo.”
The witness said nothing about Tabudlong having been hit on the head with a bullet. The soldiers did not have the opportunity to
fire their guns. Drillo
Panoy declared:
“when I looked around, I saw Avarial, Mabuang and Luis Cabalican
grappling with Luis Meroy; Avarial
hit with a bolo the hand of Meroy and the revolver
fell to the ground.” It is to be
noted that the witness pointed to Luis Cabalican as
one of the three who was grappling with Luis Meroy,
and yet, Cabalican disclaimed having struggled with Meroy, and tried to make the court believed that he did not
do anything to assault the soldiers.
Worse still, Opiniano made no mention
whatsoever about the wounding of Tabudlong.
Opiniano and Bautista had every motive
to exhort their followers to attack the PC soldiers. They were accused of estafa
in Samar. There was a price on the head of Opiniano. Knowing
that the members of the organization accepted the Words of Opiniano
as gospel truth, the two leaders induced their followers to believe that they
are invulnerable to bullets, and that a shipload of arms and ammunitions were
available to them. Painting before them
the picture of persecuted men, Opiniano and Bautista
prodded their followers by inflammatory remarks to defy the lawful
authorities. They preyed on the utter
lack of education and gullibility of the members of the organization. And they succeeded. Acting as one, the ten accused and some
others, members of the organization, all assaulted Meroy
and Parambita with bolos, daggers and canes,
culminating in death to one and mortal injuries to the other. The evidence have
clearly shown that they had acted with concert and in unison in obedience to a
plan or prior understanding to commit a punishable wrong. The crimes charged have been committed, as
disclosed by the evidence, beyond reasonable doubt.
WHEREFORE, the appealed judgment is affirmed with costs
against the appellants.
Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Sanchez,
and Fernando, JJ.,
concur.
Castro, J., did not take part.