THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. PEDRO PULIDO ET ALS., DEFENDANTS. PEDRO PULIDO, IRINEO BOÑGOG AND TITO T. QUINTO, DEFENDANTS-APPELLANTS.

Those who go up to Baguio by car may remember or may be familiar with that
stretch of road between the town of Sison and the beginning of the Kennon road
that goes up to Baguio, near the Kennon bridge. For several hundred meters, this
road follows the contour of and hugs the mountains to the right, while to the
left is the Bued river, wide but shallow, part of whose bed is dry during the
summer months. On this highway is to be found the concrete Doñgon bridge, scene
of the ghastly crime involved in this case.

At the beginning of the Pacific War, and when the Japanese landed on Northern
Luzon, In their retreat toward Bataan, the USAFFE forces blasted the southern
end of this bridge which then became impassable until repaired about the end of
1947, or about the beginning of 1948. In the meantime, people driving up to
Baguio from Sison, at a point still far from said bridge, had to make a detour
to the left until they reached the road running from Rosario to Baguio, then
turned to the right, crossed the Kennon bridge and then turned to the left to go
up Kennon road toward the Summer Capital. So, the Doñgon bridge became an
isolated spot. This explanation is deemed necessary in order to understand the
sketch (Exh. “O”), trace the route taken by the parties involved in this case,
from the barrio of Artacho, Sison, Pangasinan to Doñgon bridge on the afternoon
of June 12, 1947, as well as establish the nature of said bridge as a secluded
and uninhabited) place. Late that afternoon, two women and four men accompanied
by one of the appellants and conspirators, named Irineo Boñgog, all riding in
one Jeep, were lured into and held up on this Doñgon were killed bridge. Three
of them were killed by gunfire and then despoiled of their belongings,
principally money amounting to P33,000.. Later about midnight Boñgog, because he
was not given his share of the loot, and apparently to simulate innocence,
reported the hold up and killing to the police in Sison, but without revealing
the identity of the robbers and killers, much less, his connection with the
conspiracy.

Very early the next day, police authorities from Sison went to Doñgon bridge
where a most gruesome spectacle met their eyes. On the bridge itself was a
burned jeep and under it was the charred body of a man who later was identified
as Frederico Sarmiento. Behind the jeep toward the north and on the left
embankment of the road was the dead body of Margarita Surisantos Maneclang and
further north below the embankment or rather on a dry portion of the bed of the
river was the dead body of Leonor Calderon. The three bodies bore several mortal
bullet wounds. The nearest house to the scene of the killing was about 200
meters away up the mountain side to the right. All these details are graphically
shown on the sketch (Exh. “O”).

As a result of the investigation of the police authorities, Irineo Boñgog was
suspected as forming part of the gang that effected the hold up and the killing
and so was detained. Pedro Pulido and Crestituto Quinto, alias Tito
Quinto, were later arrested. Pulido was taken to Doñgon bridge where in the
presence of Capt, Hidalgo and Lt, Perez and two soldiers, all of the Military
Police, he re-enacted the hold up and shooting which resulted in the killing and
robbery of the three victims. Still later, Delfin Gomez and Nicasio Magdaraog
were arrested. During their confinement and investigation by the Military Police
in Dagupan, prisoners Quinto, Bongog and Pulido signed and ratified before the
Justice of the Peace of Dagupan, three statements (Exhs. G, H, and I),
respectively. The five prisoners, and. Benjamin Esuagen alias “Ben” and
Santiago Sipos alias “Ago” both of whom have never been arrested, were
charged with multiple murder before the Justice of the Peace Court of Sison,
which court after proper proceedings sent the case up to the Court of First
Instance of Pangasinan where the Provincial Fiscal changed the charge to robbery
in band with multiple homicide. This new complaint was preliminarily
investigated by the Justice of the Peace of the capital of the province who
later elevated the case to the Court of First Instance. In that court, the
complaint was further amended, dropping Esuagen and Sipos as defendants for the
reason that they were still at large. Before the trial, upon the recommendation
of the prosecuting attorney, Delfin Gomez was discharged from the information in
order to utilize him as a Government witness.

After trial the lower court presided over by Judge Ceferino de los Santos
acquitted Nicasio Magdaraog, but “declared, the defendants Pedro Pulido, Ireneo
Boñgog, and Tito Quinto guilty as principals beyond reasonable doubt of the
crime with which they are charged in the information and imposes upon them the
penalty of DEATH by electrocution; to return or pay, jointly and severally, the
amount of P22,000 to the heirs of Margarita Surisantos Maneclang, and the sum of
P11,000 to the heirs of Federico Sarmiento; to indemnify, jointly and severally,
the heirs of each of the victims Margarita Surisantos Maneclang, Leonor
Calderon, and Federico Sarmiento in the sum of P8,000.00 for each victim; and,
to pay three-fourths of the costs.” This case is now here for review.

Piecing the different pieces of the evidence consisting of the testimonies of
the witnesses for the prosecution and the defense, the written statements or
admissions made by the appellants and the other exhibits, like we do in a cross
word puzzle, the resulting picture may be described briefly as follows.

With the establishment of the American Military and Naval Bases in the
Philippines after Liberation, particularly in Northern Luzon, such as Base M in
San Fernando, La Union and the Munitions dump at Rosario, same province, through
pilferage, sometimes, with the active connivance of the persons in charge
thereof as well as those detailed to guard the same, explosives, such as
dynamite and blasting caps, in large quantities were channeled from said bases
into the hands of civilians, especially fishermen who used them to illegally
catch fish in rivers, particularly in Lingayen Gulf, There developed an illegal
traffic in this prohibited commodity on a more or less large scale, and the
business of “buy and sell” with its inevitable agents and middlemen, with which
tie have become familiar during the Japanese occupation flourished anew, but
with an innovation or added factor. There sprang groups of people who because of
lack of capital could not engage in the business, or, spurning the illegal, tho
profitable traffic in this prohibited article as being too slow or its profits
as insufficient, found and developed a shortcut or easier way of making money by
pretending to have dynamite or blasting caps, luring prospective buyers to a
lonely spot and robbing them of the purchase money carried by them, even killing
them in order to eliminate all chances of detection thru witnesses. This was
exactly what happened in the present case. The three appellants in this
case—Pulido, Bongog, and Quinto and their associates Esuagen and Sipos, were
engaged in this highly profitable but infamous business or racket off and on
during 1947.

About June 10 of the same year, these five men met in the barrio of Artacho,
town of Sison, and decided to renew or to give more impetus to their slackening
business. Pulido, Boñgog, and Quinto were designated to look for prospective
buyers of blasting caps. That same day, the three met Delfin Gomez who was
passing by the barrio of Artacho, Sison on his way to his town, Sual,
Pangasinan. Boñgog who was acting as spokesman for the three asked him if he was
interested in blasting caps. Gomez who saw profit in the business said that he
would look for buyers, and to assure a reasonable margin of profit for himself,
he bargained and succeeded in having the price of P8,000 a box reduced to
P7,500. In the afternoon Gomez accompanied by Boñgog went to Dagupan and
contacted Leonor Calderon, an agent who also promised to look for blasting cap
buyers. After staying in her house Gomez and Bongog returned to Artacho, Sison,
in the morning of the 12th with the assurance of Leonor that later she would
follow; them with a buyer. True enough, that same morning Leonor arrived at
Artacho, accompanied by a buyer, Margarita Surisantos Maneclang who had with her
P22,000 in bills, some of which were in large denominations.

In the meantime, and independent of and alien to the plan and measures made
and taken by the three accused and their associates, Nicasio Magdaraog acting as
an agent on his own, had been trying to interest Frederico Sarmiento of
Urdaneta, Pangasinan in the purchase of No. 7 blasting caps. But Sarmiento was
interested only in No. 10 blasting caps. In going to the town of Rosario where
the military munitions dump was located looking for No. 10 blasting caps,
Magdaraog accompanied by Jesus Ostrea, counsin-in-law of Sarmiento, met Leonor
Calderon and learned from her that Bongog and his associates had plenty of
blasting caps for sale, apparently the kind wanted by Sarmiento. Ostrea was
dispatched to Urdaneta to call his cousin-in-law. Later that afternoon of June
12, 1947, Ostrea arrived at Artacho accompanied by Sarmiento who brought with
him P11,000, with which to buy blasting caps. Pulido who seems to be, if not the
mastermind, at least the most active member of the gang, told the prospective
buyers that he had five cases of blasting caps but which he dared not bring or
show in public because of their prohibited nature. At the beginning, Leonor and
Margarita were insisting that they be shown samples of the blasting caps before
they would seriously consider the purchase thereof. Pulido, pretending to secure
samples, left but later returned saying that he did not succeed in his mission
for the reason that the Military Police were confiscating blasting caps and
furthermore, his uncle who was really the owner of the blasting caps refused to
open any of the boxes in order to get samples therefrom. Magdaraog showed some
impatience and said that as long as Pulido and his companions had the stock for
sale, they could very well dispense with seeing samples thereof. The parties—the
buyers Sarmiento and Margarita and their agents Magdaraog and Delfin Gomez and
Leonor, on one side, and the accused represented by Pulido, on the other,
finally closed the deal. Pulido left them ostensibly to secure the mythical five
cases of blasting caps and place them at the disposal of the buyers at a
secluded spot secure from the eyes of the Military Police. He instructed the
buyers to follow later and go to Doñgon bridge and once there, call out his name
“Pedro”. His associate Boñgog was detailed to accompany the purchasers. Pulido
had gone to make the final arrangements and put the finishing touches to their
dastardly scheme. He rounded up his companions Qulnto, Esuagen, and Sipos and
took them to Doñgon bridge to await the arrival of their victims. Pulido and
Quinto were provided with a carbine and aQgrand rifle, respectively, while Sipos
carried a Thompson Submachine gun.

About 6:00 o’clock that afternoon the party of purchasers left Artacho,
Sison, in a Jeep bound for Doñgon bridge. Sarmiento was at the wheel. To his
right were the two women—Margarita and Leonor, and at the extreme end of the
front seat was Nicasio Magdaraog. Seated on the back seat were Jesus Ostrea en
the left and to his right was Gomez. On the right tool box was seated
Boñgog.

As stated at the beginning of this decision, the party could not take the
direct road straight to Dongon bridge because the road from Artacho to that
bridge was impassable; and so they went around to the left until they reached
the road from Rosario to Kennon road, turned to the right and crossed the Kennon
bridge. To apprise drivers of other vehicles who may be coming from the opposite
direction, Sarmiento snapped on his headlights but after leaving the bridge and
turning to the right toward Dongon bridge, he put out his lights and continued
driving up to their destination. On reaching Doñgon bridge, the party saw that a
large branch of an acacia tree, with fresh leaves, had been placed across the
southern end of the bridge so as to bar any further advance of the vehicle.
This, aside from the fact as already stated that the southern end of the bridge
had been blasted. Sarmiento got down from the jeep and walked forward presumably
to see or investigate the condition of the blasted end of the bridge and to look
more closely at the acacia branch laid across it. In order to give way to
Bongog, who went down the jeep in order to give the signal, Magdaraog had to go
down first but later it seems that he returned to his seat. Boñgog walked
forward about seven meters in front of the jeep and called out the name of Pedro
about twice. Almost immediately thereafter, a burst of fire from at least two
guns greeted the party. Sarmiento visibly hit, held up his hands and retreated
but the firing continued and he fell to the ground dead. Magdaraog got down from
the jeep in a hurry and ran northward and was able to escape. The two women also
jumped down from the jeep and scurried northward behind the vehicle in a
crouching position either to avoid the continuous fire or because they had
already been hit. Delfin Gomez before and in the act of jumping down from the
jeep and attracted by the source of the fire, distinctly saw Pulido in a
kneeling position in front of the jeep and about six meters away firing a gun in
the direction of the jeep. Three meters behind him was Quinto also firing a long
gun whom Gomez also saw and identified. Jesus Ostrea told the court that he also
saw Pulido firing a gun in the position already described but although he saw a
man behind him also in the act of firing, he could not identify said person.
Both Gomez and Ostrea, running northward and away from their assailants were
able to escape by jumping off the road into the ravine and later making for the
mountains. During their flight they both saw the two women crouching and
crawling away from the jeep.

Thereafter, Pulido, Quinto, Bongog, Esuagen and Sipos searched and robbed
their three dead victims—Sarmiento, Leonor and Margarita. Esuagen lifted the
body of Sarmiento, placed it under the jeep and then set fire to the vehicle.
The bodies of the two women were flung down the embankment.

The defense of alibi interposed by appellants Pulido and Quinto was
correctly rejected by the trial court on the ground that even assuming that they
were really at the places where they claim to have been that afternoon of June
12, 1947 they could well and easily have gone to the scene of the crime to
commit it. Moreover, although Pulido claims that afternoon he had borrowed a
horse from a friend and ridden it in search of an astray cow, a disinterested
witness for the prosecution, who lived not very far from Dongon bridge, told the
court that shortly before 6:30 that afternoon he had seen Pulido and Quinto
riding on a horse pass near his house.

Boñgog, one of the appellants herein, naturally, could not put up the same
defense of alibi for the reason that he was riding in the same jeep with the
persons who were held up and killed by his co-defendants. But he insists that he
merely went to accompany the party that was supposed to buy blasting caps from
Pulido and his companions at Doñgon bridge. There are several reasons for
believing and finding Boñgog as having taken part in the conspiracy, at least to
rob the victims if not also to kill them. When Bongog, Pulido, and Quinto tried
and succeeded in interesting Delfin Gomez in the purchase of blasting caps on
June 10, 1947, it was he (Boñgog) who acted as spokesman for the trio. In fact
he accompanied Gomez to Dagupan to look for prospective buyers, and that fateful
afternoon of June 12th, it was he who accompanied and acted as a guide to the
party of agents and buyers, and, what is more important, upon their arrival at
Dongon bridge, it was he who gave the signal for the hold up and, possibly, also
for the firing, by calling out the name of Pedro Pulido twice. If he were an
innocent party, merely asked to accompany the purchasers, without any
understanding or connivance with the robbers and killers, he could very well
have called out the name of Pedro Pulido from his seat inside the jeep, but that
would have imperiled his life because at the start of the shooting the
assailants’ fire was mostly concentrated on the jeep and its occupants. So, he
had to get down from the vehicle which he did. Furthermore, the fact that in
spite of the intense firing from Pulido, Quinto and Sipos, Bongog received nob
even a scratch, while Sarmiento who had also gotten down from the jeep and
walked foward and was standing not far from him, was hit, showed that the firing
was not intended for him, and that it was purposely withheld until he had
negotiated a sufficient and safe distance from the jeep and its passengers.
Moreover, his written statement (Exhibit H), definitely links him with the
conspiracy.

In this connection, we shall have to rule upon the admissibility and
competence of the three written statements (Exhs. G, H, and I) of Quinto,
Boiigog and Pulido, respectively, for the reason that the three appellants claim
that said statements were given under duress and to avoid further torture by the
Military Police. We have carefully examined the evidence on this point and we
are convinced that all the three statements were given voluntarily without undue
pressure and without any promise of clemency or reward. With the exception tat
of Pulido, the defendants were unable and failed to show either to the trial
court or to the provincial fiscal or the justice of the peace, anything on their
persons showing any sign or trace of any torture or maltreatment. When they
appeared before Justice of the Peace Hermitaño to sign and ratify their
statements they made no complaints or remark in this regard. It is true that at
the trial Pulido, alleging manhandling, showed a scar on his forehead, but it
was satisfactorily explained by Capt. Hidalgo and Lt. Perez to the Court.
According to them, one day upon returning to Dagupan from Doñgon bridge where
Pulido had re-enacted the commission of the crime, they were overtaken by a six
by six truck and Pulido who was in their jeep and under custody, jumped from it,
almost right in the path of the truck, either to commit suicide or to escape.
Fortunately, the wheels of the truck missed him by a matter of inches. The two
military police privates guarding him in the jeep jumped down and handled him
rather roughly believing that he was trying to escape, and the wound on his
forehead may have been caused by said rough handling or by his rolling over and
along the road after he jumped from the running jeep.

It is noteworthy that in none of the three statements (Exhs. G, H, and I) did
the affiants admit having taken part in the killing. Boñgog, although admitting
having taken part in the conspiracy, limited the object thereof to merely
holding up the victims &n& not to inflict any injuries, much less kill
them. Pulido and Quinto, although admitting having carried a carbine and a
Garand rifle, respectively, said that they did not take any part whatsoever in
the killing because although he (Pulido) pressed the trigger of his carbine
three times, it did not fire; and as to Quinto, he said that his Garand rifle
was snatched away from him by Ben Suagen. If there had really been undue
pressure, intimidation, or torture by the Military Police to the extent that the
three affiants no longer had a will of their own and merely followed whatever
the police wanted and indicated, to insure conviction for the killing of the
victims, it would have been easy and convenient to have included in the three
affidavits admissions and statements of a conspiracy not only to rob but also to
kill, even actual participation in the actual killing. But this was not done.
Besides, the affidavits contain so many details that could, have been known only
to the three appellants but which was difficult or even impossible for the
Military Police to invent and include in the affidavits. Another consideration
which should not be overlooked is that although Delfin Gomez and Nicasio
Magdaraog were strongly suspected by the Military Police as being members of the
conspiracy and were in fact arrested and held by the Military Police, to say
nothing of their being included in the complaint or information, unlike the
three appellants, these two did not subscribe any affidavit linking themselves
with the conspiracy. All these circumstances persuade and convince us that the
three statements (Exhs. G, H, and I) were made voluntarily and are competent and
admissible evidence.

The fact that Bongog reported the robbery to the police authorities of Sison,
may at first blush appear perplexing if not intriguing, and his counsel seizes
upon this circumstance to bolster his argument that Bongog would not have done
this if he were really guilty. Of course, the perpetrators of a crime,
especially one as hideous as that we have under consideration, do not usually
report the matter to the authorities just to be, arrested and punished, unless
they have a good defense, such as self-defense in a crime of homicide or
physical injuries. But as the trial court has well observed, Bongog may have
made the report in order to divert suspicion and lead the authorities to believe
that since he reported the crime, he could not have possibly have taken part in
it. Another explanation which the record reveals is that Bongog, despite his
connection with the conspiracy and his active participation in executing and
carrying it out, was, according to him omitted in the apportionment of the loot,
this, altho he knew that there was much of it. Furthermore, in making the report
to the police of Sison, he was careful in excluding himself from any connection
with or participation in the commission of the crime. He pictured himself as an
innocent passenger in the jeep, merely requested by the two women victims to
accompany them and act as their guide. To his simple mind, at the time, in
making the report he was leading the authorities away from his trail because he
made himself appear as a mere innocent bystander, but at the same time getting
even with his co-conspirators who had double-crossed him.

As to the identification of Pulido and Quinto, we are satisfied that the two
were seen and sufficiently identified by Gomez while he was seated in the jeep
and while jumping down from it to flee from the firiog. According to him, Pulido
was not more than six meters away from the jeep at the time, while Quinto was
only about three meters behind Pulido, both in the act of firing their guns.
Ostrea who was sitting beside Gomez on the back seat also saw these two men in
the act of firing. He could identify Pulido, but not the man behind him. The
fact that Ostrea did not identify Quinto, although he could have done so without
much fear of contradiction, speaks well for his sincerity and truthfulness.

As to whether at the time of the hold up and shooting, it was still clear and
bright for one to see and identify a person several meters away, the evidence
reveals that at about 6:30 p.m. that month of June, although the sun may have
been setting or may have even set, it was still bright. It will be remembered
that in driving from Kennon bridge southward to Doñgon bridge, Sarmiento did not
use the lights of the jeep, showing that there was sufficient light from the sun
either direct or reflected from the sky, to permit safe driving over a mountain
road.

It Is true, of course, that at the time the three deceased were engaged or
were engaging in illegal traffic, trying to buy a prohibited article. They were
not exactly innocent, law-abiding citizens. At the same time their open, even
habitual disregard of the law could not in any way minimize the enormity of much
less justify this cold-blooded slaughter. There was absolutely no necessity or
reason for the killing, at least from the standpoint of a successful execution
of the plan of robbery. It was not necessary to fire a single shot to bring the
jeep to a stop because it was already at a standstill, and besides, its further
progress was blocked not only by the acacia branch purposely laid across the
bridge but also by the blasted condition of the southern end of the said bridge.
There was no necessity for killing the victims because surprised and caught
unawares, in all probability, they would not and could not have offered any
resistance against Pulido, Quinto, Esuagen and Sipos, three of whom were armed
with automatic weapons. This, aside from the fact that Ireneo Boñgog, a
co-conspirator was armed with a revolver and in case of resistance by the
victims would assuredly, have helped his co-conspirators. The only conceivable
object for the massacre was to liquidate all possible witnesses to the robbery.
This may be inferred from the fact that after the shooting, one of the accused
remarked that three of the party, obviously referring to Gomez, Ostrea, and
Magdaraog were able to escape; and forthwith, the conspirators dispersed to
hunt/them but because of the ensuing darkness, rough terrain and vegetation, and
inasmuch as they had a head start while the conspirators were busy robbing their
dead victims, Gomez, Ostrea and Magdaraog were able to escape.

The crime committed was that of robbery with homicide. In its commission we
should consider the following circumstances. Sipos, Pulido and Quinto were each
carrying a Thompson Submachine Gun, a carbine and a Garand rifle, respectively,
and actually used them on the victims. Boñgog was carrying a revolver, although
he does not appear to have actually used it. The crime was therefore committed
by a band. The trial court found that the crime was committed with evident
premeditation. On this point we have our doubts. It is settled that evident
premeditation is inherent in the crime of robbery. So, to warrant a finding of
the attendance of this aggravating circumstance in the complex crime of robbery
with homicide, it must be linked with and considered with the killing, (U.S.
vs. Landasan, 35 Phil. 365.) But there is no evidence that the
conspirators previously planned and agreed to kill the victims. The lower court
also found the crime attended by the aggravating circumstance of treachery. That
is correct. The sudden and unexpected attack with firearms resulting in the
death of the unsuspecting and helpless victims constituted treachery. The
commission of the crime was further attended by the aggravating circumstance of
craft. The victims were lured into going to Doñgon bridge which at the time was
an isolated spot because it was the end of the road and no one would or could
pass there because of the blasted condition of the southern end thereof (as
shown by Exh. “O”), U.S. vs. Gampoña et al., 36 Phil. 817. The crime
was also committed in an uninhabited place. According to the Sergeant of Police
who made an investigation on the spot, the nearest house was about 200 yards
away up the mountain side (p. 940, t. s. n.), and from the data that can be
gathered from the record, including the sketch (Exh. “O”), Doñgon bridge was not
easily accessible because of the trees and other vegetation that stood between
said house and the bridge, to say nothing of the rough terrain. There is even
reason to believe that Dongon bridge was not visible from the house. It is also
obvious that the bridge was purposely sought and chosen by the appellants in
order to avoid detection of the crime and preclude any interference with its
commission or any help to the victims. There was also the circumstance that the
crime was committed by attacking a vehicle. With the attendance of all these
circumstances, the case comes under the provisions of Art. 295 of the Rev. Penal
Code, as amended by Republic Act No. 12, Section 2, which provides for the
imposition of the penalty of reclusion perpetua to death corresponding
to the complex crime of robbery with homicide in its maximum period, namely,
death.

We notice however, that at the time Quinto testified in Court in December,
1947, he gave his age as eighteen, and there is no evidence to disprove his
claim as to his age. It is, consequently, obvious that at the time of the
commission of the crime in June of the same year, he was less than eighteen. We
therefore have to apply the provisions of Art, 68, par. 2 of the Rev. Penal Code
which provides that upon an offender over fifteen and under eighteen years of
age, the penalty next lower that that prescribed by law shall be imposed. As
already stated, the penalty imposed by the law on the crime herein committed is
death. The penalty next lower is reclusion perpetua.

In view of the foregoing, we find the guilt of the appellants to have been
established beyond reasonable doubt. On Crestituto (Tito) Quinto, the penalty of
death imposed by the trial court is hereby reduced to reclusion perpetua. With
regard to Pedro Pulido and Irineo Bongog, it becomes our painful duty to affirm
the death penalty imposed upon them by the trial court. With this modification,
the decision appealed from, is hereby affirmed with costs.

The penalty of death imposed upon Pulido and Boñgog will be carried out and
executed on a day to be fixed by the trial court, within thirty days after the
return of the record of the case to the said court.

Moran, C.J., Ozaeta, Pablo, Bengzon, Padilla, Tuason, Montemayor,
Reyes, and Torres, JJ., concur.

Moran, C.J.:

Mr. Justice Ricardo Paras voted for the affirmance of the judgment of the
lower court, but. on account of his being on leave at the time of the
promulgation of this opinion, his signature does not appear herein.