THE PEOPLE OP THE PHILIPPINES, PLAINTIFF AND APPELLANT, VS. WILLIAM J. POMEROY ALIAS BILL ALIAS BERTO ALIAS LANAO ALIAS CARDING ALIAS ROMEO ALIAS DANIEL ALIAS ROBERTO J. LLAMAS …

This is an appeal, taken by the prosecution, from a decision of the Court of
First Instance of Manila, the dispositive part of which reads as follows:

“Wherefore, defendant Luis M. Taruc is hereby declared guilty, by
his own confession in open court, of the crime of rebellion, charged in the
information herein, as lastly amended, defined and punished under Articles 134
and 135 of the Revised Penal Code, and in accordance with paragraphs 4 and 6 of
Article 64 of the same Code, he is sentenced to suffer the penalty of twelve
(12) years of prision mayor, together with the accessory penalties provided for
by law, and to pay a fine of P20,000, and his proportionate part of the costs.”
(Appellant’s Brief, p. 81).

Defendant-appellee Luis M. Taruc is accused, together with William J.
Pomeroy, Celia Mariano Pomeroy, Casto Alejandrino, Jesus Lava, Mariano P.
Balgos, Alfredo B. Saulo, and Alejandro Viernes. The third amended information
reads:

“The undersigned accuses Luis M. Taruc alias Enteng alias LMT
alias LT alias Tandang Anong alias Apo Iro
alias Ipe alias Pern alias Ent alias E
alias Apong Pio alias Tandang Ipe alias Juan de la
Cruz alias Otay alias Felipe Salvador, Jr., alias
Catildo Pio alias Papa alias Horlicks alias Tata Lu
alias Ka Lu alias Daily alias Bell alias O
alias Don alias Abdon alias 4-0 Kododa alias
Pop alias Lizo Amado alias Amado alias June (21),
Casto Alejandrino alias Torres alias Guan Yek alias Gy
alias G.I. alias Tatang, Jesus Lava alias Pacing
alias Balbas alias Noli alias Jessie alias
NMT alias Noli Me Tangere alias Pac alias NKVD Lava,
Mariano P. Balgos alias Bakal alias Tony alias Tony
Collantes alias Bonifacio alias Baltimore alias Eric
alias Bull alias Tom alias Taoic alias Mans
Racio alias Kapacik alias Bonny, Alfredo B. Saulo
alias Elias alias Ato alias Zorro, and Alejandro
Viernes alias Stalin alias Miranda alias Armando
Villa, of the crime of rebellion with murders, arsons, robberies and
kidnappings, committed as follows:

“That on or about May 4, 1946, and for sometime prior thereto and
continuously thereafter until the present time in the City of Manila,
Philippines, the place which they have chosen as the nerve center of all their
rebellious activities in the different parts of the country, the said accused,
being then ranking officers and/or members of, or otherwise affiliated with the
Communist Party of the Philippines (P.K.P.) and the ‘Hukbong Mapagpalaya ng
Bayan’ (HMB) otherwise or formerly known as the ‘Hukbalahaps’ (HUKS), the latter
being the armed force of the said Communist Party of the Philippines, having
come to an agreement and decided to commit the crime, of rebellion, and,
therefore, conspiring and confederating among themselves, with William J.
Pomeroy alias Bill alias Berto alias Lanao
alias Daniel alias Romeo alias Carding alias
Roberto J. Llamas alias Bob alias Catalino de la Cruz
alias Ricardo Gomez alias Larry and Celia Mariano Pomeroy
alias Celia Mariano alias Celia B. Mariano alias Rene
alias Rene Raquiza alias Alicia alias Silvia
alias Alicia Garces alias Nadia alias Lydia
alias Ana who have already been convicted and sentenced by this
Honorable Court because of their plea of guilty last June 18, 1952 on the
original information, and with all of the 31 accused in Criminal Cases Nos.
14071, 14082, 14270, 14315, and 14344 and with all of the accused in Criminal
Cases Nos. 15288, 15479, 15744, 15841, 16290, 16291, 16304, 16305, 16306, 16990,
17336, 17630, 17709, 17768, 17927, 18155, 18392, 18438, 18716, 18754, 24957, and
26144 of the Court of First Instance of Manila, with other members, officers,
and/or affiliates of the Communist Party of the Philippines and the ‘Hukbong
Mapagpalaya ng Bayan,’ and with many others whose whereabouts and identities are
still unknown, acting in accordance with their conspiracy and in furtherance
thereof, and helping one another, did then and there wilfully, unlawfully and
feloniously help, support, promote, maintain, cause, direct and/or command the
‘Hukbalahaps’ (HUKS) or ‘Hukbong Mapagpalaya ng Bayan’ (HMB) to rise publicly
and take arms against the Government of the Philippines or otherwise participate
in such public armed uprising for the purpose of removing the territory of the
Philippines from the allegiance to the government and laws thereof, as in fact
the said ‘Hukbong Mapagpalaya ng Bayan’ (HMB) or the ‘Hukbalahaps’ (HUKS),
pursuant to such conspiracy, have risen publicly and taken arms against the
Government of the Philippines to attain said purpose, by then and there making
armed raids, sorties, and ambushes, attacks against police, constabulary and
army detachments as well as innocent civilians, and as a necessary means to
commit the crime of rebellion, in connection therewith and in furtherance
thereof, have then and there committed wanton acts of murder, pillage, looting,
plunder, arson, kidnapping, planned destruction of private and public property,
and plotted the liquidation of acting and elected government officials, to
create and spread chaos, disorder, terror, and fear so as to facilitate the
accomplishment of the aforesaid purpose, among which are a* follows, to wit:

“(1) On May 6, 1946, the 10th MP Co., led by First Lt. Mamerto Lorenzo, while
on patrol duty in barrio Santa Monica, Aliaga, Nueva Ecija, was with evident
premeditation, ambushed and treacherously attacked by a band of well-armed Huks.
Ten enlisted men of the MP Company were killed and First Lt. Mamerto Lorenzo was
captured and beheaded by the rebels.

“(2) On August 6, 1946, a group of more than 30 Huks under the leadership of
Salvador Nolasco armed with guns of different calibers raided the municipal
building of Majayjay, Laguna. They were able to get one Garand, one carbine, one
Thompson submachine gun, and one pistol. They also took one typewriter and
stationery.

“(3) On or about the month of June, 1946, Alejandro Viernes, alias
Stalin, Commander of Joint Forces No. 108, with about 108 men, entered the town
of Pantabangan, Nueva Ecija, and raised their Huk Flag for more than twenty-four
hours. The municipal officials did not offer any resistance because of the
superiority in number of the Huks. After demanding from the civilians foodstuffs
such as rice, chickens, goats, and carabaos, they left the town, admonishing the
civilians always to support the Huk organization. The MP forces under Capt.
Ponciano Halili, S-3, Capt. Federico G. Olares, then Assistant S-3 of Nueva
Ecija province, proceeded to Pantabangan with forces of the 112th MP Co. under
Capt Nicanor Garcia, to verify the information, but were not able to contact the
dissidents at Pantabangan. They proceeded to barrio Marikit, between Pantabangan
and Laur, where they engaged some dissidents. When our forces were on their way
home, they were pocketed by the dissidents at the zigzag road, but our forces
were able to fire their mortars and Cal. 150 and .30 machine guns.
Investigations made on the field of battle showed that the Huks suffered heavy
casualties.

“(4) On April 10, 1947, 14 enlisted men under the command of Lt. Pablo C.
Cruz, while on their way to investigate a holdup in barrio San Miguel na Munti,
Talavera, Nueva Ecija, were, with evident premeditation and treachery on the
part of the Huks, ambushed and fired upon by Huks armed with .30 caliber rifles,
machine guns, and grenades. Lt. Pablo Cruz and Pvt. Santiago Mercado were killed
and six other were wounded.

“(5) On May 9, 1947, an armed band of about 100 Huks under Lomboy and
Liwayway, taking advantage of nighttime, raided the town of Laur, Nueva Ecija,
and forced Municipal Treasurer Jose A. Viloria to open the treasury safe from
which the dissidents took more than P600. Policeman Fermin Sanchez together with
one Springfield rifle was taken away by the Huks. Aside from looting the
Municipal Treasury, the Huks also robbed the inhabitants of the town of their
money, rice, other personal property, and large cattle.

“(6) On August 19, 1947, Capt. Jose Gamboa, First Lt. Celestino Tiansec, and
Second Lt. Marciano Lising, all from the 115th Co., while riding in a jeep
following an armored car, were treacherously fired upon by a group of about 100
Huks armed with automatic rifles, Thompsons, and Garands and lined up on both
sides of Highway No. 5 near the cemetery of San Miguel, Bulacan. First Lt.
Celestino Tiansec and Second Lt. Marciano Lising were killed.

“(7) On or about January 5, 1949, an armed band of HMBs composing Squadrons
12, 18, 19 and 20, under the overall command of Linda Vie taking advantage of
nighttime, with treachery and evident premeditation, attacked and raided Orani,
Bataan, resulting in the killing of eight (8) civilians, namely: Gonzalo de
Leon, Pablo Rubio, Jacinto Singca, Monico Ocampo, Solidino Macaspac, Jose Reyes,
Luis de Leon, and Clara Villafuerte. After gaining control of the situation,
said HMBs, with violence and intimidation, took and carried away foodstuffs,
supplies and other personal property from the civilians and inhabitants of
Orani, Bataan.

“(8) Mrs. Aurora Aragon Quezon and party were with evident premeditation and
treachery on the part of the Huks, ambushed at about 10:30 in the morning of
April 28, 1949, by an undetermined number of dissidents under Huk Commanders
Viernes, Marzan, Lupo and Mulong at Kilometer 62, barrio Salubsob, Bongabong,
Nueva Ecija. The PC escort exchanged fire with the dissidents. A patrol of the
First Heavy Weapons Company, 1st PC Battalion was dispatched to reinforce the PC
escort. The following persons were killed: Mrs. Aurora A. Quezon, Baby Quezon,
Mayor Bernardo of Quezon City, Major P. San Agustin, A. San Agustin, Lt. Lasam,
Philip Buencamino III, and several other soldiers. Gen. Jalandoni and Capt.
Manalang sustained slight wounds.

“(9) On March 28, 1950, a group of more than 100 armed Huks, taking advantage
of nighttime, with treachery and evident premeditation, attacked the
Headquarters of a detachment of the 111th PC Company then stationed at
Montalban, Rizal where four (4) enlisted men, namely: Sgt. Rogelio Cortez, Cpl.
Rogelio Javier, Pfc. Exequiel Lopez and Pvt. Teodulo Monte were killed, and the
following soldiers, namely: Sgt. Godofredo Estrellero, Sgt. Toribio Marquez,
Cpl. Andres Lacban, Cpl. Ramon Pascasio, Pfc. Prudencio Vallo, Pfc. Jivenez
Demosticle, Pvt. Enrique Abinal, Pvt. Macario Bombilla, and Pvt. Frisco
Marcellana were wounded.

“(10) On March 29, 1950, Captain Luis C. Dumlao and several enlisted men
under him were, with evident premeditation and treachery, ambushed, and fired
upon by armed HMB soldiers in Arayat, Pampanga. Captain Luis C. Dumlao and four
others were killed, and two others were wounded.

“(11) On March 29, 1950, a group of more than 100 armed Huks attacked and
raised San Pablo, Laguna. The dissidents exchanged fire with government forces,
killing Major Alikbusan. The Huks looted the stores in the town and raised the
Huk Flag before they fled.

“(12) On or about March 29, 1950, an armed band of HMBs, taking advantage of
nighttime, with treachery and evident premeditation, raided and attacked the
Civilian Commando Unit Camp at Manibaog, Pasig, Porac, Pampanga, resulting in
the killing of CCU guard, Herminigildo Ignacio, the burning of the CCU barracks
and the carrying away of several firearms and ammunitions.

“(13) On or about March 29, 1950, an armed band of about 100 HMBs, with
treachery and evident premeditation, attacked and raided TP-PC Detachment at
Barrio Concepcion, San Simon, Pampanga, resulting in the killing of one TP
Captain Pedro Mandap and four (4) others, the wounding of one TP soldier
Benjamin Santillan and the carrying away of several firearms and ammunitions
belonging to all the victims.

“(14) On or about March 29, 1950, an armed band of about 200 HMBs under
Commander Alibasbas, taking advantage of nighttime, and with evident
premeditation and treachery, raided and attacked the barrios of Sta. Ines and
San Francisco, Mabalacat, Pampanga, resulting in the killing of one (1)
civilian, Ana Pasamonte, the wounding of two (2) civilians, Jose Manabat and
Jose Hipolito, the capture and torture of Seditio Manabat, a civilian, and the
burning of ten (10) civilian houses, more or less.

“(15) On August 25, 1950, an armed band of Huks, taking advantage of
nighttime, with evident premeditation and treachery, attacked, raided and set
afire Camp Macabulos, Tarlac, Tarlac. Among the casualties therein were Major D.
E. Orlino, Capt. E. D. Cruz, Lt. T. Manawis, Lt. C. N. Tan, Lt. Eusebio Cabute,
Sgt. Isabelo Vargas, Sgt. Bernardo Cadoy, Sgt. Bienvenido Dugay, Sgt. Samuel
Lopez, Cpl. Vicente Awitan, Cpl. Luis Ponce, Cpl. Eugenio Ruelra, Pvt. Agustin
Balatbat, Saturnino Guarin, E. Cabanban, Antonio Monte, Felix Quirin, Gregorio
Dacoco, Jose Mojica, Cornelio Melegan, Carlos Bojado, Rodrigo Espejo, and
Rosario Sotto, a Red Cross nurse.

“(16) On or about August 25, 1950, an armed band of about 200 Huk officers
and men belonging to FC-22, 24 and 25 led by Linda Bie and Vice Commander
Sevilla, taking advantage of nighttime, with evident premeditation and
treachery, raided and attacked the town of Tarlac, Tarlac, and unlawfully
released the following, namely: Domingo Gamurot, Simeon Gabriel, Vicente
Mangunay, Alejandro Mahor, Manuel Mercado, Luis Alimurong, Pablo Fabio, Pablo
Capulong, Candelario Paderan, Jose Pascua, Alipio Paguirigan, Francisco
Laurente, Placido Magtulak, Gregorio de la Cruz, Catalino Cariaga, Graciano
Ramises, Anselmo Mahor, Emiliano Mabalot, Emilio Eugenio, Juan Bautista,
Dominador Soliman, Ireneo Romero, Pereso Datu, Marcelino Cabili, Alfredo
Obiquitero, Federico Plores, Pedro Pangit, Victoriano Dayao, Lorenzo Primeor,
Bonifacio Reyes, .Garlos Carlos, Pacifico Quibiuyan, and Marcelino Balete, all
prisoners from the provincial jail.

“(17) On or about August 25, 1950, an armed band of about 90 Huk officers and
men under FC-21, with evident premeditation and treachery, raided the
municipality of Arayat, Pampanga, took by force about P3,108 from the Arayat
Post Office, carried away eight (8) typewriters belonging to the municipality of
Arayat, and treacherously killed a certain Attorney Samia, in his own dwelling
place.

“(18) On or about August 26, 1950, early in the morning, a band of about 400
armed Huks, with evident premeditation and treachery, raided the municipality of
Sta. Cruz, Laguna, brought the cashier of the provincial treasury, Vicente
Reventar, from his house to the provincial capitol and at gun-point forced him
to open the treasury vault from which the Huks took more than eighty thousand
pesos (P80,000) consisting of various denominations including 50-, 100- and
500-peso bills. They also took typewriters and other supplies which they found
in the provincial capitol. The Huks burned and looted buildings in the town,
released the following prisoners: Victorio Ninio, Isaias Alarba, Narciso
Dimasaca, Manuel Izon, Delfin Quisoro, Casimiro Saquilan, Victorio Alfonso,
Pablo Santia, Elena de los Santos, Teodora Medrano, Antero Seruala, Romulo
Bangac, Alejandro Almario, Justo Almario, Marcos Escueta, Federico Binascusa,
Virginia Medrano, John Doe, Peter Doe, and Richard Doe from the provincial jail,
kidnapped Cpl. Santos Talavis, Jose Salvador, Toribio Poblete, Teofilo Ambrocio,
Isauro Velasco, Francisco Agorilla, Ciriaco Viliapando, Sancho Resurreccion, and
Ireneo Villarin, all provincial guards therein, and treacherously wounded and/or
killed the following civilians, namely: Juan V. Alvarez, Mariano Daracan,
Bonifacio Aguilada and Pablo Lactawin, and the following Army personnel, namely:
Capt. Gregorio Gutierrez, Pfc. Bienvenido Medina, S/Sgt. Montenegro, T/Sgt.
Manuel Cahigay, S/Sgt. Emilio San Sebastian, Capt. Fidel Guinio, Capt.
Felicisimo Fulgenio, S/Sgt. Silvino Gatdula, Cpl. Pedro Casio, Cpl. Alejandro
Borja, Pfc. Elias Sipin, Pfc. Vicente Hatulan, Pfc. Primitive Traboc, Pfc.
Adriano Atienza, Pfc. Jose Cordova, Sgt. Melchor Galiera, Pvt. Maximo Magtibay,
Pfc Añonuevo, and Cpl. Nicosa.

“(19) On September 12, 1950, an armed band of more than 20 Huks dressed in
fatigue uniforms of the Philippine Army, with evident premeditation and
treachery, seized a scout car of the Armed Forces of the Philippines in barrio
Mapalad, Arayat, Pampanga. They rode to town in the same vehicle and
treacherously murdered temporary policemen Teodoro Evangelista and Adriano
Navarro and thereafter escaped.

“(20) Between October 15 and October 17, 1950, Lt. Jose Velasquez, PC, led
three platoons of soldiers to the southwestern slope of Mount Malipuno at Lipa
City, upon receipt of a report that about 200 Huks were gathered in that place.
While climbing the mountains they were treacherously attacked and fired upon by
the members of the HMBs resulting in the death of John Doe, a PC soldier, and
the wounding of Richard Doe, Peter Doe, Francis Doe and George Doe, all PC
soldiers.

“(21) On or about March 22, 1951, an armed band of about 200 HMBs, dressed
and disguised in fatigue uniforms of the Armed Forces of the Philippines, and
with evident premeditation and treachery, raided and attacked the town of
Candaba, Pampanga, resulting in the killing of Francisco Silvestre, Cesar de la
Peña, Esteban de la Pena, Nonato Muldong, Nicomedez Hernandez, Florencio Ponce,
Jose Vargas, Maximo Aronso, Andres Cayanan, Tomas Sagun, and .Ricardo Suva, all
TP members, Policemen Servillano Mallari and Mabini Gallardo and the kidnapping
of Jose Menese, Ricardo Magpayo, Pedro Lieu, Pedro de la Pena, Macario Galang,
Edie Magpayo, and Eliong Muldong, all civilians of the said municipality. After
gaining control of the situation, said HMBs robbed, looted and ransacked the
municipal building and carried away office equipments and supplies valued at
around P1,800, sixty (60) assorted firearms, and also robbed from civilians
foodstuffs, clothing, medicine and other personal properties.

“(22) On or about June 24, 1951, in Sitio Tocan, Bo. Lucapon, Sta. Cruz,
Zambales, a group of about 30 heavily armed HMBs, under RECO 2 attacked,
ambushed and fired upon the Zambales Transportation Service Truck loaded with
more or less 40 civilian passengers, resulting in the death and burning of the
following civilians, Lauro Mana, Delfin Magno, Martino Marzan, Celso Echague,
Nazario Ordinario, Francisco Mendoza, Julio Gavan, Paulino Patifud, Catalino
Daguvas, Jesus Ordenia, Valentin Gabaldon, Jr., Mary Taguid, Mrs. Galand, and
Mrs. Bastian, seriously wounding almost all of the other passengers and once
gaining control of the situation burned said truck and looted money, foodstuffs,
jewelries and clothings from the said passengers.

“(23) On or about September 21, 1951, at Manuguit Subdivision, Manila, a
group of HMBs under Macaria Pangilinan alias Maca, treacherously fired upon
members of the Manila Police Department, resulting in the killing of Dts.
Florencio de la Paz, Lauro Infante and Pat. Anselmo Candado.

“(24) On or about September 22, 1951, at Otis, Pandacan, Manila, Nicasio
Pamintuan alias Commander Nick, CO of the City Command, HMB,
treacherously fired upon a combined unit of the Military Intelligence Service,
AFP and the Manila Police Department, resulting in the killing of Lt. Jose
Reyes, MPD, Lt. Juan Panopio, AFP and the wounding of Sgt. Rafael Redultin of
the AFP.

“(25) On or about December 2, 1951, a force of about 200 armed HMBs from
Fc-24 under Commander Eduardo Layug and from Fc-23 under Commander Borning
attacked, raided and set on fire the FA Detachment Area of the 25th BCT at
Infanta, Pangasinan, causing the loss of assorted firearms and equipments and
the burning of two (2) MM 105 Howitzers and one (1) .50 caliber machinegun, and
simultaneously raided, assaulted and set on fire the Municipal Building of
Infanta, Pangasinan, resulting also in the total loss of properties amounting to
P28,000 more or less.

“(26) On or about December 6, 1951, a group of 60 heavily armed HMBs from
FC-23 under the Borning and from FC-24 under alias Maligaya attacked
and raided the municipality of Botulan, Zambales, burning the municipal
building, Puericulture Center Building and the houses of Mrs. Isabel Cuaresma,
Mr. Florentino Dinoso, Mr. Isidro Dinoso, all valued at P38,000, Philippine
currency. Aside from looting the municipal treasury, said HMBs also looted from
the civilian inhabitants foodstuffs and other supplies amounting to about
P5,000, more or less

“(27) On or about March 21, 1953, a group of around 200 HMBs armed with
assorted weapons and led by Commanders Alexander Viernes, Emilio Rey
alias Eling Magtapat, Mateo Molines alias Turko, attacked and fired
upon an isolated Army Detachment at Barrio Buenavista, Guinayangan, Quezon,
resulting in the killing of Cpls. Benjamin O. Galday, Demetrio Ascora, Pfcs.
Dioscoro C. Borbar, Domiciano Marianas, Melchor Grecia, one (1) policeman, six
(6) civilians, forcibly taking with them Cpl. Lorenzo Oaing, who later escaped,
burned the barracks and confiscated one (1) .30 caliber machinegun, 2,030 rounds
of ammunitions, several other firearms and ransacked the houses of the
inhabitants thereat.

“(28) On or about April 21, 1953, a group of about 15 armed HMBs under
Commander Lopez of FC-91, ambushed and fired upon a party of the Engineer
Construction Group of the Armed Forces of the Philippines, in the vicinity of
Sitio Oriong, Bagabag, Nueva Vizcaya, resulting in the killing of Major Pablo
Arevalo, Capt. Roque Peredo, First Lt. Carlos Gallego, M/Sgt. Rogelio Genio and
Cpl. Benjamin Perez.

“(29) On or about January 22, 1954, a group of armed HMBs in army fatigue
uniforms led by Delfin Lumbrera alias Commander Lumbrera alias
Commander Batangas and Benjamin Gomez of FC-103, took and kidnapped one Mrs.
Guadalupe Rodellas Vda. de Mujares at her residence in Lipa City, bringing her
to their mountain hideout and holding her as hostage for a period of around six
(6) days, after the amount of P100,000 was paid to the said HMR group as ransom
money.

“(30) On or about March 29, 1954, an undetermined number ol HMBs led by
Commanders Padilla and Palma of FC-101 treacherously attacked, ambushed and
fired elements of “A” Company, 4th BCT, AFP, while enroute to their
headquarters, in the municipality of Louisiana, Laguna, resulting in the killing
of Silverio G. Dulay, Sgt. Pacio G. Lugo, Pfc. Juanito Ocreto, Pfc. Ruperto F.
Corpuz, Pvt. Pedro O. Oria, Pvt. Gregorio Esteban, Sgt. Bulatao, and Cpl.
Cotones, all enlisted men, two (2) civilians, Francisco Benitez and Felicito
Ajero, and the wounding of the three soldiers, namely: John Doe, Richard Doe and
Peter Doe.

All acts committed contrary to law.”

According to the records, defendants Casto Alejandrino, Jesus Lava, Mariano
P. Balgos, Alfredo B. Saulo, and Alejandro Viernes are still at large, whereas
defendants William J. Pomeroy and Celia Mariano Pomeroy have already been
convicted and are serving their respective sentences. The proceedings leading to
the rendition of the decision appealed from are set forth therein in the
following language:

“The prosecution having reamended the information filed in this case, in
compliance with the order of this Court of August 18, 1954, the defendant Luis
M. Taruc again appeared this morning with his counsel, for arraignment. When
asked if the defendant was ready to be arraigned, defense counsel answered in
the affirmative and at the same time manifested that if counts 1 to 6,
inclusive, as well as count 8, were suppressed from the amended information, the
defendant would plead guilty. After securing assurance from defendant himself,
the City Fiscal filed the corresponding petition, suppressing from the amended
information the counts referred to, that is, counts 1 to 6, inclusive, and 8.
Thereupon, the defendant waived the reading of the information as lastly
amended, and manifested that he was already informed of the contents of the
same, and that he pleaded guilty thereto.” (CFI Decision, 1st
Par.)

Thereupon, the Court of First Instance of Manila, presided over by Hon.
Gregorio Narvasa, Judge, rendered the decision aforementioned, from which the
Government has appealed. The questions raised for our determination are:

1. May the prosecution appeal from the aforesaid decision of the lower court,
upon the ground that defendant-appellee Luis Taruc should have been sentenced to
a more severe penalty than that meted out therein?

2. In the affirmative case, what penalty should be imposed upon said
defendant-appellee?

The first question has already been settled by this Court in cases G. R. Nos.
L-6687-6688 entitled People vs. Ang Cho Kio.^[*]” The defendant in said cases was charged
with murder, in one case, and with grave coercion with murder, in another case.
Having pleaded guilty to both charges, the lower court sentenced him, in the
first case, to an indeterminate penalty ranging from 12 years of prision
mayor to 20 years of reclusion temporal, to indemnify the heirs of
the deceased in the sum of P6,000, and to pay the costs; and, in the second
case, to life imprisonment, with indemnity in the sum of P6,000 and costs. The
prosecution appealed from the decision thus rendered, upon the theory that the
defendant should have been sentenced, in the first case, to life imprisonment
and, in the second case, to the extreme penalty. In dismissing the appeal, we
asid:

“?Puede el ministerio fiscal apelar?

“El articulo 2 de la Regla 118 dice asi:

‘Quien puede apelar.—El Pueblo de Filipinas, sin embargo, no podra
apelar cuando el acusado se viese expuesto a doble Jeopardy. En todos
los demas casos, cualquiera de las partes podra apelar de una sentencia
definitiva o de auto dictado despues de la sentencia que afecte los derechos
esenciales del apelante.’

“Este articulo es reproduction de los articulos 43 y 44 de la Orden General
No. 58 tal como fue emendada por el articulo 4 de la Ley No. 2886. La Orden
General No. 58 es de origen americano y, por eso, los precedentes
anglo-americanos deben tenerse muy en cuenta.

“En una larga lista de decisiones despues de decidida en casacion la causa de
Kepner contra Estados Unidos, 195 U. S. 100; 11 Jur. Fil., 689, se ha
establecido invariablemente por este Tribunal la doctrina de que ,1a acusacion
no puede apelar contra una sentencia en que se absuelve al acusado, por la razon
de que por segunda vez se le pone en peligro de ser castigado por el misrao
delito. ‘El ; derecho comun americano prohibia tambien un segundo juicio por el
misnio delito hubiera el acusado sufrido o no algun castigo, o sido absuelto o
condenado en una causa anterior.’

“En la causa de Estados Unidos contra Sanges, citada en la de Kepner, se
dijo: ‘Desde la epoca del Lord Hale hasta la fecha del caso de Chadwick que
acabamos de citar, los libros de texto, con raras excepciones, 6 dan por
supuesto 6. afirman que el acusado, (o su representante), es el unico que puede
obtener un nuevo juicio 6 recurrir en casacion en causa criminal, y una
sentencia en ^u favor es definitiva y concluyente. (Veanse 2 Hawk., c. 47, sec.
12; c. 50, secciones 10 y siguientes; Bac. Ab. Trial, L. 9; Error, B; 1 Chit,
Crim. Law, 657, 747; Stark. Crim. PI. Segunda Edicion 357, S67, 371; Archb.
Crim. PL, (Duodecima Edicion Inglesa y Edicion sexta americana) 177, 199,
Segunda Edicion, 357, 367, 371; Archb. Crim. P. I.)

“* * * No se ha dado ningun caso de recurso de casacion contra una sentencia
en favor del acusado, despues de absuelto.'” (Archbold Cr. PI & Pr.,
Pomeroy’s Ed., 199.)

‘No error, however flagrant, committed by the court against the estate, can
be reserved by it for decision by the supreme court when the defendant has once
been placed in jeopardy and discharged, even though the discharge was the result
of the error committed. (State vs. Rook, 49 L. R. A. 186, 61 Kan. 382, 59 Pac.
653.’ (1 . L. R. A. 242.)

“Este Tribunal nunca ha resuelto una cuestion parecida a la causa presente en
que el acusado fue condenado por una pena menor que la seiialada por la ley y el
ministerio fiscal, en apelacion, pide que de acuerdo con el Codigo Penal
Eevisado, se imponga al acusado una pena mayor. Si el fiscal-como el
acusado—puede apelar para corregir un error de ley, entonces sera forzoso
imponer al acusado la pena de reclusion perpetua. Despues de haber sido ya—por
error— condenado or el tribunal inferior a la pena de 12 anos de prision mayor a
20 anos de reclusion temporal, ?no es poner otra vez al acusado en peligro de
ser condenado a mayor pena por el mismo delito? Si el acusado fuese el apelante,
no tendria derecho a quejarse si se le impusiera una pena mayor; en el caso
presente el que apela es el ministerio fiscal, y dicha apelacion pone en peligro
al acusado de recibir otra condena mayor. Creemos que en el caso presente se
pone al acusado en doble jeopardy, esto es, en el peligro de recibir la
condena de reclusion perpetua despues de haber sido condenado ya por el juzgado
inferior a una pena menor. Por este peligro, el ministerio fiscal no puede
apelar, de acuerdo con el articulo 2 de la Regla 118 y siguiendo la garantia
constitutional de que ‘No se pondra a una persona en peligro de ser castigada
dos veces por la misma infraccion’ o en jeopardy.”

The prosecution in the case at bar urges a reexamination of the question
decided in the Ang Cho Kio cases and a reconsideration of the view therein
expressed by this Court. To our mind, however, the reasons advanced by the
Solicitor General in support of his pretense are not sufficiently weighty to
warrant a reversal of said view which is a mere corollary of the practice
established in the Philippines and in the United States, for so long a time as
to form part and parcel, not merely of the settled jurisprudence, but, also, of
the constitutional law, in both jurisdictions.

Inasmuch as the prosecution cannot appeal from the decision against herein
defendant-appellee, the propriety of the penalty therein meted out to him is
beyond our power to review.

Wherefore, the appeal is dismissed, without special pronouncement as to
costs. It is so ordered.

Bengzon, Padilla, Montemayor, Reyes, A., Jugo, Bautista Angelo,
Labrador, and Reyes, J. B. L., JJ., concur.

---

^[*] 50 Off. Gaz., (8) 3563, 95 Phil.,
475.