G.R. No. L-17234. March 31, 1964
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. NICOLAS MOJICA Y GIRA, ACCUSED AND APPELLANT.
PER CURIAM:
finding appellant Nicolas Mojica guilty of murder and sentencing him to
death penalty, and the accessories.
Appellant Mojica and Primitivo Ala were charged in the said Court
with having murdered prisoner Ruperto Artus y Garcia in Muntinlupa,
Rizal, on the 24th day of March, 1959.
Primitivo Ala pleaded guilty to the information and was consequently
sentenced to death. This Court affirmed the sentence upon review in G.
R. No. L-15633.
Mojica, on the other hand, did not plead guilty. So trial proceeded,
after which he was found guilty as charged, and sentenced to death.
As stated, this is a review of the judge’s decision.
It appears that at about 4:00 o’clock in the afternoon of March 24,
1959, Gabriel Buclating, one of the leaders of the “OXO gang”[1] was stabbed to death by certain members of the “Siguesigue gang”[2] inside the New Bilibid Prisons at Muntinlupa, Rizal. To avenge the
death of such leader, a member of the “Sigue-sigue gang”, a prisoner
named Ruperto Artus was stabbed to death two hours thereafter (at about
6:00 p.m.) in Cell No. 1 of Dormitory No. 3-C of the said prisons.
Immediately after the stabbing of said Artus, Nicolas Mojica and
Primitivo Ala, both prisoners and members of the “OXO gang” offered to
surrender to the prison guard, Jose Magkalas. Before they were brought
out of the cell, they were ordered by said Magkalas to throw out of the
window of the cell, the weapons used in the killing, an icepick and a
flat and pointed instrument. Both accused, upon coming out of the cell,
had blood on their clothes and hands. At the time Mojica, inside the
cell, expressed willingness to surrender to the prison guard, he was
holding in his hands, the flat and pointed instrument, Exh. “A”. Both
prisoners admitted having stabbed and killed the prisoner Artus. Benito
Geronimo, the officer-in-charge of the security guards, took their
confession in writing, and the same was subscribed and sworn to before
the Assistant Director of Prisons. Another prison guard, Benjamin Aman
witnessed the investigation and the taking down of the confession.
In Mojica’s confession, it is related that;
“This afternoon at about 6:00 p.m., 24 March 1959,
after having Board that one of our leaders in the OXO gang, GABRIEL
BUCLATIN was stabbed to death by members of the Sigue-Sigue gang, 1 and
prisoner PRIMITIVO ALA decided to kill a tagalog prisoner inside our
dormitory called RUPERTO ARTUS in revenge to the death of our leaders.Q.—How did you effect the killing of Ruperto Artus?
A.—While
Artus was standing inside Cell No. 1 of Dormitory S~C, I immediately
stabbed him on the waist followed by my co-prisoner Primitive Ala with
the use of an improvised “Weapon made out of steel drum.Q.—How many times did you stab prisoner Artus?
A.—Four times, sir.
Q.—In what part of the person of Artus was hit?
A.—On the stomach and on his sides.
Q.—When did you decide to kill Artus?
A.—We decided to kill Artus immediately after the killing of Buclatin at about 4:15 p.m., 24 March 1959.
x x x x x
Q.—Why did you want to kill Artus, had you any altercation or misunderstanding with him?
A.—We had no ill-feeling: against each other, 1 only want to revenge the killing of Mayor Abing meaning GABRIEL BUCLATIN.
x x x x x
Q.—Are you a member of the OXO gang?
A.—Yes, sir, I have a tatoo with number 11 as membership of the gang.
Q.—When did you join the OXO gang?
A.—In 1957, sir.
Q.—Do you have something more to say, add, or retract from this statement?
A.—No more, sir.
Q.—Are you willing to sign this statement?
A.—Yes, sir.” (Exh. B)
During the trial, Mojica admitted being a member of the “OXO gang”.
He, however, denied the commission of the crime, claiming that he had
signed the extra-judicial confession because he had been beaten by men in khanki pants whose identities he did not know.
He further claimed that his surrender was, likewise, only forced upon
him by leaders of the “OXO gang”, namely Fortunato Birotiao, Cresencio
de la Cruz, Francisco Brillantes and Rodolfo Ibanez; that these
threatened him with death should he refuse to admit the killing. He
explained that his hands had blood in them because his co-accused,
Primitivo Ala smeared them with his (Ala’s) bloody hands.
Upon review of the records, we find substantial evidence
corroborating the extra-judicial confession of Mojica. The murder
weapon he described in the extra-judicial confession was the very same
weapon he was seen holding in his hands inside the prison cell by
prison guard, Jose Magkalas, and the same weapon which appellant Mojica
threw out of the cell window upon orders of the prison guard. In this
extra-judicial confession, he admitted having stabbed the deceased on
the sides and the stomach. The deceased was found to have suffered stab
wounds on said parts. Moreover, those parts of appellant Mojica’s
narration (in the extra-judicial confession) concerning the
participation of his co-accused, Ala, (aside from the fact that said
co-accused confessed to the crime before the lower court and was
thereby convicted), are also corroborated by the testimony of the
prison guard, Jose Magkalas.
As to the voluntariness of the execution of the extra-judicial
confession, there is no question that it had been voluntarily made. The
statement was subscribed and sworn to before the Acting Assistant
Director of Prisons before whom appellant could have complained had
there really been any irregularity, or any violence used upon him.
Furthermore, appellant could not identify the people who allegedly
forced him to execute the admission. As to his surrender to the prison
guard thru intimidation by the leaders of the “OXO GANG”, his
explanation is unconvincing. He could have sought protection from the
prison authorities once he was out of the cell; he could have revealed
to the same, the frame-up against him, and pleaded for separation from
the vicious gang. The explanation relative to the blood on his hands
contradicted the testimony of his co-accused Ala. While Mojica said
that it was Ala who placed blood on his hands, the latter (Ala) said
that it was Fortunato Birotiao who placed blood on the hands of Mojica.
The presence, though, of blood on Mojica’s clothes was not at all
explained.
The testimony of Primitivo Ala pointing to Fortunato Birotiao, Jose
Garcia, Rodolfo Ibanez and Francisco Brillantes as the perpetrators of
the crime is completely inconsistent with his plea of guilt when he was
arraigned for said crime in the lower court. When his judgment of
conviction was brought before this Court en consulta case G. R. No.
L-15633,[3] we found upon study
of the case that he had adequate knowledge of the nature of the charge
against him, of the meaning of his plea of, guilt and of the
consequences thereof. And we affirmed the judgment of conviction
against him.
The element of conspiracy attended the commission of the instant
crime. Both the extra-judicial confessions of appellant and of convict
Primitivo Ala as well as the latter’s judicial confession contain
statements to the effect that they had agreed to kill the deceased
Artus to avenge the death of a leader of the “OXO gang”. The
circumstance of evident premeditation attended the commission of the
crime. There is ample evidence of how and why the crime was planned,
sufficient time[4] having been
shown to intervene between its inception and execution. There is also
treachery. Two men stabbing another forty times in vital parts of the
body cannot but insure the death of the latter. Also, the attack on the
victim was sudden. As Mojica has described in his extra-judicial
confession, the victim was just standing inside the said cell when
appellant suddenly stabbed him on the waist followed by his co-accused
Primitivo Ala.
Considering that Primitivo Ala, appellant’s co-accused has been
sentenced to die, (despite his judicial confession which is a
mitigation), considering that conspiracy has been shown, and
considering that the crime was committed while the accused was serving
sentence, the extreme penalty of death necessarily is in order.
The judgment en consulta is affirmed in all parts and respects.
Bengzon, C, J. Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L., Paredes, Dizon, Regala and Makalintal, JJ., concur.
[1] The “OXO gang” is composed of prisoners from the Visayan provinces.
[2] The “Sigue-sigue gang” is composed of prisoners from Luzon.
[3] Decided August 31, 1960.
[4] From the death of a
leader of the “OXO gang” at about 4:15 to about 6:00 P.M. of March 24,
1959, there is sufficient time to plan and reflect on the commission of
the crime.