THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. FAUSTINO LOPEZ, ET AL., DEFENDANTS. PERFECTO LOPEZ, ET AL., DEFENDANTS AND APPELLANTS.

On 29 October 1955, the chief of police of Bantay, Ilocos Sur,
subscribed and swore to a complaint charging Perfecto Lopez, Teodorico
Lopez, Faustino Lopez, Dominador Lopez and Valentin Lopez with the
crime of murder for the death of Eleuterio Paza. On the same day, the
Justice of the Peace conducted a preliminary inquiry or examination of
the witnesses, namely, Saturnino Lopez, Teodoro Pablico, Victoriano
Tabuso and Venancio Palapala, to determine whether there was a
reasonable ground to believe that the offense charged had been
committed and the defendants were probably guilty thereof, and, if so,
to issue a warrant for their arrest and to hold them for trial
(Exhibits 1 & C). Thereafter, also on the same day, the Justice of
the Peace issued a warrant for the arrest of the defendants. On 30
October 1955 Perfecto Lopez and Valentin Lopez were arrested by the
chief of police of Bantay at their respective houses and confined in
the municipal building. On 31 October 1955 Teodorico Lopez and Faustino
Lopez surrendered to the PC authorities at their headquarters in Tamag,
Vigan, Ilocos Sur. On 2 (or 11) November 1955 Dominador Lopez
surrendered to the same PC authorities. On 7 and 9 February 1956 the
Justice of the Peace conducted or held the preliminary investigation,
during which counsel for the defendants examined Saturnino Lopez and
presented evidence in behalf of the defendants. On 29 February 1956 the
Justice of the Peace forwarded the record of the case to the Court of
First Instance of Ilocos Sur. On 22 May 1956 the Provincial Fiscal
filed the corresponding information in the Court of First Instance
charging the defendants with the crime of murder for the death of
Eleuterio Paza, committed as follows:

That on or about the 29th day of October, 1955, in
barrio Malingeb, municipality of Bantay, province of Ilocos Sur,
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused Faustino Lopez, Perfecto Lopez, Dominador Lopez,
Teodorico Lopez and Valentin Lopez, with evident premeditation and
treachery, conspiring together and helping one another and with Intent
to kill, did then and there wilfully, unlawfully and feloniously
assault, attack and shoot with automatic firearms one Eleuterio Paza,
who, as a result thereof, sustained mortal gunshot wounds on the vital
parts of his body which wounds produced the death of said Eleuterio
Paza almost instantaneously.

Neither did the Provincial Fiscal recommend nor did the Court grant,
bail for the provisional release of the defendants, hence they were
confined in the provincial jail in Vigan. Upon arraignment the
defendants entered a plea of not guilty. After trial, on 10 July 1957
the Court rendered judgment finding the defendants guilty of the crime
charged and sentenced as follows:

* * * the accused PERFECTO LOPEZ and VALENTIN LOPEZ,
to suffer each the penalty of Reclusion Perpetua, and the accessories
of the law, and the accused FAUSTINO LOPEZ, TEODORICO LOPEZ and
DOMINADOR LOPEZ, to suffer each, an indeterminate penalty from twelve
(12) years and one day of Reclusion Temporal, in its minimum period, as
the minimum of the penalty to seventeen (17) years, four (4) months and
one (1) day, of Reclusion Temporal, in its maximum period as the
maximum of the penalty, the accessories of the law, and all of said
accused to jointly and severally indemnify the heirs of the deceased
Eleuterio Paza, in the amount of P6,000.00. without subsidiary
imprisonment in case of insolvency, and to pay the costs. One-half of
the period of their preventive imprisonment shall be credited to said
accused in the service of the sentence.

The Court appreciated in favor of the defendants Faustino Lopez,
Teodorico Lopez and Dominador Lopez the mitigating circumstance of
Voluntary surrender. The defendants, except Faustino Lopez, have
appealed.

On 26 October 1955, the municipal mayor of Bantay, Ilocos Sur,
issued a permit allowing the people of barrio Guimod, Bantay, Ilocos
Sur, to use the water coming from the hills of Turod and flowing
through an irrigation ditch to barrio Guimod to irrigate their
ricefields within a period of seven days. At about 6:00 o’clock in the
afternoon of that day, the permit was given to Loreto Palapala, a
policeman of the municipality residing at barrio Guimod. On 27 or 28
October, 1955, Loreto Palapala went to the barrios of Malingueb and
Capangdanan to show the permit to their respective barrio lieutenants
to assure the farmers of barrio Guimod an unobstructed flow and
exclusive use of the water for the duration of the period granted. In
the morning of 29 October 1955, a group of farmers from barrio Guimod,
namely, Saturnino Lopez, Teodoro Pablico, Alejandro Lopez, Eleuterio
Paza, Venancio Palapala, Modesto Palapala, Agustin Palapala, Virgilio
Lopez, Benito Pacpacao, Primitivo Rapin, Bonifacio Rapin, Victoriano
Tabuso and Emiliano Pugal, numbering thirteen, equipped with scythes
and “sapils” (the latter are bamboos one meter long used for removing
obstructions in the ditch), met near a bagbag tree in barrio
Capangdanan or Guimod to clear the irrigation ditch of obstructions so
that the water coming from the hills of Turod to barrio Guimod could
flow freely to their ricefields. At 8:00 o’clock in the morning of that
day, the group began their work starting from the west end of the
concrete structure of the ditch near the bagbag tree in Capangdanan or
Guimod to the east end thereof in Malingueb, using scythes and “sapils”
to cut the grasses and remove the fallen twigs and leaves in the ditch
(Exhibit B). After about two hours of work, they reached the east end
and finished their work. Afterwards, they started to go back home,
taking the short cut route. After negotiating about a hundred meters
from the east end, they saw people coming from the northeast going
toward the concrete structure at Malingueb. Some of them in the group
thought that those people were also their companions coming to help in
clearing the ditch of obstructions and be able to have a share in the
flowing water. Eleuterio Paza suggested to his companions to return to
the place where they had come from, and to talk to the newcomers to
know from them how long they would need the water. Eleuterio led the
way followed by Saturnino Lopez and their other companions in single
file. Hardly had they walked five paces when they heard gun reports in
three successions and the group instantaneously laid down. Saturnino
Lopez looked up to the southeast from where the gun reports came and at
a distance of about ten meters saw Faustino Lopez, Perfecto Lopez and
Dominador Lopez, each holding a firearm about one-half meter long,
pointing their firearms at Saturnino and his companions, and heard
Valentin Lopez exhort his companions “Go on, kill them,” and Teodorico
Lopez shout “Go on, nobody has been hit yet. You kill them all.”
Teodoro Pablico also saw Faustino Lopez, Perfecto Lopez and Dominador
Lopez each aiming at them a gun about a yard in length and heard
Valentin Lopez say “Go on shoot at them,” and Teodorico Lopez shout “Go
on, nobody has been hit yet. Shoot at them.” Alejandro Lopez saw and
heard too what Saturnino Lopez and Teodoro Pablico saw and heard. Not
long after the first burst of fire, there was another volley, this time
hitting Eleuterio Paza. Eleuterio cried that he was hit and begged his
companions not to abandon him. Saturnino Lopez ran to the northwest
then to the west direction and after running a distance of about 100
meters, looked back and saw Faustino Lopez, Perfecto Lopez, Teodorico
Lopez, Dominador Lopez and Valentin Lopez, the last named person
looking at the prostrate body of Eleuterio Paza. Teodoro Pablico also
ran to the west and at about a hundred meters away from the scene saw
Faustino Lopez and his companions going to where Eleuterio Paza was
lying. The assailants again fired at the fleeing group. After reaching
the concrete structure of the ditch at Capangdanan, the farmers went
home except Teodoro Pablico, who went to the house of Faustino Paza,
brother of Eleuterio, and told him what happened. Upon learning of the
incident, Faustino Paza lost no time in dressing up and rode in a
pick-up truck bound for the municipal building of Bantay.

At about 12:00 o’clock noon of that same day, after Desiderio
Peredo, then chief of police of Bantay, Ilocos Sur, had finished his
lunch, patrolman Loreto Palapala came to his house and reported that
Eleuterio Paza had been shot. Peredo immediately dressed up and went to
his office at the municipal building where upon arrival he saw Faustino
Paza who confirmed the report made by patrolman Palapala. After
entering the report in the police blotter (Exhibit 3), Peredo went to
Dr. Mauricio Paz, municipal health officer, and told him of the
incident. Accompanied by Dr. Paz, he returned to the municipal building
and, together with the doctor, Sgt. Ona, Pfc. Merza and Pfc. Quimmen of
the 27th BCT and Faustino Paza. Peredo repaired to barrio Malingueb.
Upon arrival at barrio Malingued, Peredo and his party searched for the
body of Eleuterio Paza. Pfc. Quimmen found it in the ricefield about a
hundred meters away from the “padila,” lying on the ground, face turned
a little to the south. After Peredo had finished making a sketch of the
vicinity where the body was found, Dr. Paz turned the cadaver face
upward and made a post-mortem examination of it. After the cadaver was
brought to the house of the victim at barrio Guimod, Dr. Paz performed
another post-mortem examination and issued the following certificate:

Octubre 29, 1955

A QUIEN CORRESPONDA:

Por
la presente certifico que este dia 29 de Octubre, 1955, a la hora de
3:00 p.m., reconoci y examine el cadaver de Eleuterio Paza, 33 años de
edad, casado y residente en el B. Guimod, Bantay, Ilocos Sur.

El
cadaver estaba tendido boca abajo y bañado de su propia sangre en una
sementera palayera a la jurisdiccion del Bo. Malingueb, Bantay, Ilocos
Sur.

Examinado el cadaver presenta las lesiones siguientes:

(1) Una herida circular, bordes regulares de 2 centimetros de diametro, penetrante, situada en el vacio (bazo) izquierdo;

(2)
Otra herida circular, bordes irregulares, de 3 centimetros de diametro,
situada en el pecho en la region precordial, al nivel de la tercera
costilla izquierda. Esta herida se communica con la otra herida.

Estas
heridas fueron producidas por una sola bala que entro en la primera
herida y salio en la herida descrita en el numero 2, destrozando el
bazo, diafragma, pulmon izquierdo y el corazon. (Exhibit A.)

The doctor testified that the wounds were caused by a .45 caliber
pistol or revolver; that the first wound was the point of entry and the
second the point of exit; that death was due to profuse internal
hemorrhage and could have been instantaneous; and that the wounds were
inflicted while the victim was in a stooping position, body a little
toward the front.

The appellants deny complicity in the killing of Eleuterio Paza.
Testifying in his own behalf, Teodorico Lopez claims that at about noon
of 29 October 1955, while he and his cousin Faustino Lopez were on the
way home to Malingueb, after coming from barrio Sagaba, where he and
Faustino went in the morning to visit the latter’s and his father’s
ricefield, they met Eleuterio Paza, who was in one of two groups of men
numbering about fourteen in all; that after exchanging greetings with
Eleuterio, who asked Faustino where he came from, to which question the
latter answered that he came from Sagaba to inspect his ricefield,
Teodorico and Faustino continued on their way; that after walking a
distance of about two brazas, Eleuterio called them back;
that when Teodorico and Faustino looked back, they saw Eleuterio nod
his head at his companions; that Saturnino Lopez asked Faustino why he
ambushed his (Saturnino’s) father while milking his carabaos at
Capangdanan; that immediately thereafter Teodorico heard several gun
reports coming from the direction of Saturnino Lopez; that Teodorico
ran to the east then to the south while Faustino jumped to a nearby
ditch; that as he was running he again heard two gun reports coming
from northwest of the place where he ran to; that as he was running
Faustino called to wait for him; that when he asked Faustino if he was
hit, Faustino answered that he was not and told him (Teodorico) that he
(Faustino), with the gun he was holding, fired at somebody waving his
hand at his companions; that Faustino further told Teodorico that he
(Faustino) saw Eleuterio Paza’s companions running and heard Eleuterio
asking his companions not to leave him behind as he was hit; that he
and Faustino hid in the trees west of their grandfather’s house in
Maligueb where they rested for more than two hours; that while there,
they heard the sound of the motor of a jeep going to the house of
Faustino and the barking of a dog; that they saw among the persons in
the jeep one wearing a khaki uniform; that they moved to Suripan south
of Mailngued; that at Suripan, Faustino told Teodorico to go home for
he (Faustino) alone would go to Bantay and surrender to the police
authorities; that Teodorico reminded Faustino that there was a
policeman from Guimod by the name of Loreto Palapala and feared that he
might be killed; that they stayed in Suripan for two days and two
nights; that on Monday following the incident, between 9:30 and 10:00
o’clock in the morning, Teodorico and Faustino went to see attorney
Benedicto Paz at his office in Vigan; that as attorney Paz was not in
they went to attorney Felix Nolasco at his house, where they took their
lunch; that after they had finished their lunch and after attorney Paz
had arrived at attorney Nolasco’s house, the two attorneys accompanied
them to the PC headquarters at Tamag, Vigan, Ilocos Sur, to surrender.

Aside from denying complicity in the killing of Eleuterio Paza, the
appellants Perfecto Lopez, Dominador Lopez and Valentin Lopez set up
the defense of alibi. Perfecto Lopez swore that since 5:00 o’clock in
the morning until past 5:00 o’clock in the afternoon of 29 October
1955, he was at home in the poblacion of Bantay taking care
of his nine-month old son named Cesar; that at about 6:00 o’clock in
the morning of that day his father Fermin arrived from Vigan where he
went to sell carabao milk; that after changing his shirt, his father
set loose his carabaos in the field; that at about 8:00 o’clock Maria
Pablico, his sister-in-law, came with her one-year old child to play in
his house; that at about 9:00 o’clock, his uncle Valentin Lopez (his
father’s brother) and his cousin Dominador Lopez (Valentin’s son) came
to fetch his father to go to Vigan to confer with attorney Benedicto
Paz concerning their case where they were accused of attempted murder;
that at about 9:30 o’clock his father, Valentin and Dominador left the
house for Vigan; that he was not able to go with them because he had to
take care of his child as his wife Encarnacion Pilar had gone to
harvest rice; that at 12:00 o’clock noon, Maria Pablico and her child
left and he took his lunch and put his child to sleep; that at about
12:30 o’clock in the afternoon his father, Valentin and Dominador
arrived riding in a calesa; that after his father had taken his lunch
he asked him about the result of their conference with their counsel
and his father answered that their lawyer was angry at them because he,
Teodorico and Faustino did not come with them for interview; that his
father further told him that attorney Paz had indorsed their case to
attorneys Alcantara and Arcano; that thereafter he looked after his
child who was crying and afterwards went to sleep for a while; that at
about 2:00 o’clock in the afternoon his sister-in-law Maria Pablico
came back to his house; that at about 5:00 o’clock a jeep coming from
the north stopped in front of his house and someone riding in it asked
him to come down and inquired for the whereabouts of his brother
Faustino; that he answered the inquirer that Faustino was not there and
asked the chief of police who was also in the jeep why they were
looking for him; that the chief of police remarked to his companion
“How could we blame this he has no fault,” and told him “You may go up
now;” that later on another jeep coming from the south arrived and a PC
soldier told him to dress up and go with them to the municipal building
where upon arrival a PC soldier ordered him to sit near the stairs;
that in the municipal building he saw Faustino Paza, Alejandro Lopez,
Saturnino Lopez, Teodoro Pablico, Venancio Palapala and others and
heard somebody giving his statement to the chief of police; that after
about three hours the same PC soldiers who ordered him to sit near the
stairs of the municipal building told him “Go home, you may go home,
you have no fault.”

Valentin Lopez and Dominador Lopez testified that after taking their
breakfast in the morning of 29 October 1955, at about 8:30 o’clock they
went to the house of Fermin Lopez in the poblacion of Bantay
to fetch him and go to Vigan to confer with attorneys Paz, Alcantara
and Arcano, their counsel in the case for attempted murder where they
were the defendants; that at about 9:00 or 9:30 o’clock they, Valentin,
Dominador and Fermin left the latter’s house, leaving behind Perfecto
Lopez who was talking with Maria Pablico, and took a calesa bound for
Vigan, where they arrived at the office of their counsel at about 10:00
o’clock; that attorney Paz chided them for arriving late and for the
failure of Faustino, Perfecto and Teodorico to come with them; that
after interviewing Fermin Lopez and Dominador Lopez about the case,
talking about the amount to be paid by the clients as attorney’s fee,
and indorsing the case to his colleagues, attorneys Alcantara and
Arcano, attorney Paz left the office to prepare to go to Cagayan
because his mother-in-law was sick; that when the churchbell struck
12:00 o’clock noon, they left the office of their counsel after helping
them close the windows of their office and went to the market place
where they took a calesa for the return trip; that at about 12:30
o’clock in the afternoon, they reached the house of Fermin Lopez in
Bantay and the latter alighted from the calesa while they resumed their
trip to go home to Balaleng; that at about 1:00 o’clock they reached
their house and took their lunch; that after lunch they took a short
nap; and that from 2:00 o’clock to 5:30 or 6:00 o’clock in the
afternoon, they tended their carabaos.

Fermin Lopez corroborated the testimony of Perfecto Lopez that
during the whole day of 29 October 1955, Perfecto was at home taking
care of his child, and the testimony of Valentin Lopez and Domindor
Lopez that they went to Vigan to confer with their counsel, attorneys
Paz, Alcantara and Arcano, regarding their case for attempted murder
where they were the defendants. Maria Pablico also corroborated the
testimony of Perfecto Lopez, Florencio Arcano corroborated the
testimony of Valentin Lopez and Dominador Lopez that they went to
confer with him and his colleagues at their office in Vigan between
10:00 o’clock and 12:00 o’clock noon on 29 October 1955.

The appellants’ respective claims and defenses of alibi are
unbelievable in the face of the clear, direct and positive testimony of
the witnesses for the prosecution that on the day Eleuterio Paza was
killed they were in the company of Faustino Lopez; that the latter and
the appellants Perfecto and Dominador were armed with guns; and that
after the first volley of fire, the appellants Teodorico and Valentin
exhorted their companions to kill the victim and his companions. In his
testimony given during the direct and cross-examination at the trial of
the case, Saturnino did not deviate from the sworn statement he had
given during the investigation conducted by the chief of police of
Bantay on the day of the incident, that Faustino Lopez and the
appellants Perfecto Lopez and Dominador Lopez were the ones who fired
at him and his companions while the appellant Valentin Lopez gave the
order to fire (Exhibits I and C). Granting that, as claimed by the
appellants, Saturnino Lopez has a grudge against them for the alleged
attempt on the life of his father by the appellants, which could have
been the reason why he testified in the manner that he did to get even
with them, yet they have not imputed any reason why Teodoro Pablico and
Alejandro Lopez testified in the manner that they did. The appellant
Perfecto Lopez himself admitted on cross-examination that he is related
to Alejandro Lopez; that Alejandro harbors no grudge or bears no
ill-feeling towards him; that he also knows Teodoro Pablico; and that
Teodoro does not bear him any grudge. Valentin Lopez testified, also on
cross-examination, that he does not have any misunderstanding with
Saturnino Lopez, Teodoro Pablico and Alejandro Lopez before the
incident of 29 October 1955, except that Saturnino had filed an
attempted murder ease against his two nephews, two sons and a brother;
that he (Valentin) had not done anything wrong against any of them to
incur their hatred. On the other hand, it is the appellants and their
witnesses who have reason to pervert the truth and give false
testimonies to favor each other. Perfecto Lopez and Teodorico are
brothers. Their father Fermin Lopez is the younger brother of Valentin
Lopez. Faustino Lopez and Dominador Lopez are brothers, and their
father is Valentin. Maria Pablico is the sister-in-law of Perfecto.
Blood is thicker than water, as the common saying goes. Attorney
Florencio Arcano is not the disinterested witness that he claims to be.
The records show that he has signed pleadings filed in behalf of the
appellants in the Justice of the Peace Court of Bantay during the
preliminary stage of the case. Moreover, his close professional and
personal association with attorney Paz, counsel for the appellants,
detracts from the probative value of his testimony,

The fact that after the incident which resulted in the death of
Eleuterio Paza, Teodorico Lopez, in the company of Faustino Lopez,
retreated to the orchard west of their grandfather’s house in
Malingueb, where they stayed sitting for more than two hours; that in
spite of the fact that they were hungry already they did not go to the
house of their grandfather to eat; that when they heard the sound of
the motor of a jeep going to the house of Faustino, followed by the
barking of a dog, and they saw someone in khaki uniform, they fled to
barrio Suripan south of Malingueb where they stayed for two days and
two nights; and that Teodorico was afraid to go home lest the brothers
of Eleuterio Paza see him, are indicative of Teodorico’s guilt.

Perfecto Lopez’s testimony that he stayed the whole day in his house
in Bantay on the day of the incident in question, taking care of his
nine-month old child because his wife Encarnacion Pilar went to harvest
rice, is unreliable. Perfecto appears to be in good health and not
suffering from any ailment that would prevent him from harvesting rice.
Why would he stay at home to look after his child to enable his wife,
who had delivered a baby not too long ago, to harvest rice? The task of
taking care of the baby is the mother’s while that of providing food
for the family is the father’s. Granting that it is true that his wife
really did go to harvest rice, still the fact that Perfecto had to stay
home to take care of the baby for nobody could, could not be true
because his sister Pacita, fifteen years of age and who live with him
at his father’s house, or his wife’s sister Maria Pablico, who lived
nearby, could have taken care of the baby.

Moreover, the fact that the testimony of the appellants and their
witnesses dovetails as to the minute details such as the sequence,
exact time and place of events on the day in question, indicates a
version that was rehearsed by the witnesses before they took the stand
in court.

On the other hand, the appellants are not without motive to fire at
Eleuterio Paza and his companions. The appellants are farmers with
ricefields in Malingueb while the victim and his companions are farmers
too with ricefields in Guimod. All are dependent upon the fall of rain
and the water coming from the hills of Turod, conveyed by an irrigation
ditch to the ricefields of Malingueb, Capangdanan and Guimod. At that
time there was no sufficient rain. The appellants must have resented
the fact that the farmers of Guimod would have exclusive use of the
much needed water for a period of seven days.

The crime committed is murder qualified by treachery in that the
unsuspecting victim and his companions were fired upon suddenly and
without warning to afford them an opportunity to defend themselves. The
fact that the defendant Faustino Lopez and the appellants Perfecto
Lopez and Dominador Lopez, armed with guns which they used in firing at
the victim and his companions and after the first volley of fire, at
the exhortation of the appellants Teodorico Lopez and Valentin Lopez,
the armed defendant and appellants fired at the victim and his
companions, show a community of purpose and concerted design which
constitute conspiracy. The guilt of one is the guilt of all.

The mitigating circumstance of voluntary surrender may be
appreciated in favor of the appellants Teodorico Lopez and Dominador
Lopez but neither aggravating nor mitigating circumstance may be
considered against or appreciated in favor of the appellants Perfecto
Lopez and Valentin Lopez.

The penalty imposed by article 248 of the Revised Penal Code for the crime of murder is reclusion temporal in its maximum period to death. Divided into periods, 17 years, 4 months and 1 day to 20 years is the minimum; reclusion perpetua is the medium; and the death is the maximum.

With respect to the appellants Perfecto Lopez and Valentin Lopez,
neither aggravating nor mitigating circumstance may be considered
against them or appreciated in their favor. Hence, the medium period of
the penalty, i.e., reclusion perpetua, should be imposed. This the trial court correctly did.

With respect to the appellants Teodorico Lopez and Dominador Lopez,
there being one mitigating circumstance that may be appreciated in
their favor—voluntary surrender—the minimum period of the penalty
should be imposed, i.e., 17 years, 4 months and 1 day to 20 years.
Applying the Indeterminate Sentence Law, section 1 of which provides—

* * * in imposing a prison sentence for an offense
punished by the Revised Penal Code, or its amendments, the court shall
sentence the accused to an indeterminate sentence the maximum term of
which shall be that which, in view of the attending circumstances,
could be properly imposed under the rules of the said Code, and to
minimum which shall be within the range of the penalty next lower to
that prescribed by the code for the offense,

in connection with section 3, article 61, of the Revised Penal Code, which provides:

When the penalty prescribed for the crime is
composed of one or two indivisible penalties and the maximum period of
another divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper divisible
penalty and the maximum period of that immediately following in said
respective graduated scale,

the penalty next lower in degree is prision mayor maximum to reclusion temporal
medium, i.e., 10 years and 1 day to 17 years and 4 months. Therefore,
the correct penalty to be imposed upon the two appellants is from 10
years and 1 day of prision mayor, as minimum, to 20 years of reclusion temporal, as maximum.

Modified as to the penalty to be imposed upon the appellants
Teodorico Lopez and Dominador Lopez, the judgment appealed from is
affirmed, with costs against the appellants.

Bengzon, C. J., Labrador, Concepcion, Reyes, J. B. L., Paredes, and De Leon, JJ., concur.
Barrera and Dizon, JJ., took no part.