G.R. No. L-2743. March 29, 1950
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. SIXTO CANDELARIA, DEFENDANT AND APPELLANT.
MORAN, C.J.:
Nueva Ecija to reclusion perpetua for the crime of murder committed
against the person of Ambrosio Fausto, and to indemnify the latter’s heirs in
the amount of two thousand pesos P2,000 and to pay the costs. At the trial of
this case, appellant admitted having shot Ambrosio Fausto on November 21, 1943,
at about 5 o’clock in the afternoon. Ambrosio Fausto was then the Mayor of the
municipality of Talavera, Nueva Ecija, and was about to enter the cockpit when
the appellant shot him from behind, causing his instant death. According to
appellant, he shot Ambrosio Fausto because of the latter’s pro-Japanese
activities, such as accompanying Japanese soldiers in raids, being instrumental
in the bombing of the barrios of Paludpud and Gulod where guerrillas were in
hiding, and being seen in company with a Japanese by the name of Siwa.
Upon the basis of these facts, the appellant invoked the benefits of the
Amnesty Proclamation. But the trial court refused to entertain such plea upon
the belief that it can be invoked only before a Guerrilla Amnesty Commission but
not in a Court of Justice. This is an error. It is expressly provided in the
Amnesty Proclamation No. 8, that
“* * * the accused, during such trial, may present evidence to prove that his
case falls within the terms of this amnesty. If that fact is legally proved, the
trial judge shall so declare and this amnesty shall be immediately effective as
to the accused, who shall forthwith be released or discharged.”
The judgment appealed from is reversed, and the case remanded to the court
below for new trial for such additional evidence as the parties may desire to
introduce in connection with the benefits of Amnesty invoked by the
accused-appellant. After trial, the court shall render a new judgment. Without
costs.
Ozaeta, Pablo, Bengzon, Padilla, Tuason, Montemayor, and Reyes,
JJ., concur.