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March-1950 Jurisprudence                 

  • G.R. No. L-1720 March 4, 1950 - SIA SUAN, ET AL. v. RAMON ALCANTARA

    085 Phil 669

  • G.R. No. L-2038 March 4, 1950 - LUIS DEL CASTILLO v. METROPOLITAN INSURANCE COMPANY

    085 Phil 678

  • G.R. No. L-2171 March, 4, 1950 - EL PUEBLO DE FILIPINAS v. IDE LAGON RAMOS

    085 Phil 683

  • G.R. No. L-2407 March 4, 1950 - PEOPLE OF THE PHIL. v. MATIAS ALUPAY

    085 Phil 688

  • G.R. No. L-2447 March 4, 1950 - PEOPLE OF THE PHIL. v. PEDRO PULIDO, ET AL

    085 Phil 695

  • G.R. No. L-1296 March 6, 1950 - PEOPLE OF THE PHIL. v. JOSE PALICTE

    085 Phil 711

  • G.R. No. L-1546 March 6, 1950 - PEOPLE OF THE PHILS. v. RUFINO SURALTA

    085 Phil 714

  • G.R. No. L-2462 March 6, 1950 - EL PUEBLO DE FILIPINAS v. GO LEE

    085 Phil 718

  • G.R. No. L-2665 March 6, 1950 - PEOPLE OF THE PHIL. v. FLORENTINO PATERNO, ET AL

    085 Phil 722

  • G.R. No. L-2996 March 6, 1950 - PEOPLE OF THE PHIL. v. PRECIANO MEJARES, ET AL.

    085 Phil 727

  • G.R. No. L-3463 March 6, 1950 - LEONCIO ROSARES v. DIRECTOR OF PRISONS

    085 Phil 730

  • G.R. No. L-2335 March 7, 1950 - PEOPLE OF THE PHIL. v. FRANCISCO MORENO

    085 Phil 731

  • G.R. No. L-3643 March 7, 950

    CARLOS C. ASPRA v. DIRECTOR OF PRISONS

    085 Phil 737

  • G.R. No. L-2269 March 14, 1950 - FABIAN B. S. ABELLERA v. NARCISO DE GUZMAN

    085 Phil 738

  • G.R. No. L-1990 March 15, 1950 - PEOPLE OF THE PHIL. v. LEONILO GANAL, ET AL.

    085 Phil 743

  • G.R. No. L-2809 March 22, 1950 - PEOPLE OF THE PHIL. v. FRISCO HOLGADO

    085 Phil 752

  • G.R. No. L-3022 March 22, 1950 - PEOPLE OF THE PHIL. v. PEDRO CABASA, ET AL

    085 Phil 758

  • G.R. No. L-3580 March 22, 1950 - CONRADO MELO v. PEOPLE OF THE PHIL., ET AL

    085 Phil 766

  • G.R. No. L-2217 March 23, 1950 - MIGUEL R. CORNEJO v. BIENVENIDO A. TAN

    085 Phil 772

  • G.R. No. L-2582 March 23, 1950 - TRINIDAD SEMIRA, ET AL v. JUAN ENRIQUEZ

    085 Phil 776

  • G.R. No. L-2981 March 23, 1950 - VISAYAN SURETY & INSURANCE CORP. v. VICTORIA PASCUAL, ET AL

    085 Phil 779

  • G.R. No. L-2434 March 25, 1950 - PEOPLE OF THE PHIL. v. MACABANTUG RANGON ET AL.

    085 Phil 786

  • G.R. No. L-2584 March 25, 1950 - PEOPLE OF THE PHIL. v. TEODORO BARRAMEDA

    085 Phil 789

  • G.R. No. L-2636 March 25, 1950 - YU SIP v. COURT OF APPEALS

    085 Phil 795

  • G.R. No. L-2784 March 25, 1950 - PEOPLE OF THE PHIL. v. GERARDO NARSOLIS ET AL.

    085 Phil 798

  • G.R. No. L-2856 March 27, 1950 - GO CAM v. Hon. MAGNO S. GATMAITAN, ET AL

    085 Phil 802

  • G.R. No. L-2743 March 29, 1950 - PEOPLE OF THE PHIL. v. SIXTO CANDELARIA

    085 Phil 805

  • G.R. No. L-836 March 30, 1950 - PEOPLE OF THE PHIL. v. ANACLETO MAGDANG, ET AL

    085 Phil 807

  • G.R. No. L-1912 March 30, 1950 - EL PUEBLO DE FILIPINAS v. ANATOLIO LLENARIZAS

    085 Phil 809

  • G.R. No. L-2239 March 30, 1950 - PEOPLE OF THE PHIL. v. AURELIO SANTIAGO

    085 Phil 813

  • G.R. No. L-2275 March 30, 1950 - PEOPLE OF THE PHIL. v. SIMPLICIO MACASO, ET ALS.

    085 Phil 819

  • G.R. No. L-2288 March 30, 1950 - PEOPLE OF THE PHIL. v. MAXIMO MANOLONG

    085 Phil 829

  • G.R. No. L-2600 March 30, 1950 - PEOPLE OF THE PHIL. v. PEDRO MARAPAO

    085 Phil 832

  • G.R. No. L-2647 March 30, 1950 - PEOPLE OF THE PHIL. v. DIONISIO S. SERRANO

    085 Phil 835

  • G.R. No. L-2681 March 30, 1950 - PEOPLE OF THE PHIL. v. DARIO MARGEN, ET AL.

    085 Phil 839

  • G.R. No. L-2175 March 31, 1950 - NG GIOC LIU v. SECRETARY OF THE DFA

    085 Phil 842

  • G.R. No. L-2189 March 31, 1950 - PEOPLE OF THE PHIL. v. CILDO, ET AL

    085 Phil 845

  • G.R. No. L-2318 March 31, 1950 - PEOPLE OF THE PHIL. v. TEOFILO PAAR

    085 Phil 864

  • G.R. No. L-2405 March 31, 1950 - PEOPLE OF THE PHIL. v. JUAN DE LOS SANTOS

    085 Phil 870

  • G.R. No. L-2801 March 31, 1950 - PEOPLE OF THE PHIL. v. PEDRO BELANDRES, ET AL.

    085 Phil 874

  • G.R. No. L-2880 March 31, 1950 - PEOPLE OF THE PHIL. v. DEMETRIO MOSTOLES, ET AL.

    085 Phil 883

  •  




     
     

    G.R. No. L-1546   March 6, 1950 - PEOPLE OF THE PHILS. v. RUFINO SURALTA<br /><br />085 Phil 714

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-1546. March 6, 1950.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUFINO SURALTA, Defendant-Appellant.

    Tomas Contreras, for Appellant.

    Assistant Solicitor General Guillermo E. Torres and Solicitor Jesus A. Avanceña, for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; TREASON AND MURDER; COMPLEX CRIME OF. — As murder is an ingredient of treason, there is no complex crime of treason with murder.


    D E C I S I O N


    PARAS, J.:


    This is an appeal from a judgment of the People’s Court finding the appellant guilty of the complex crime of treason with murder, and sentencing him to suffer the penalty of death, to pay a fine of P10,000, and to indemnify the heirs of Simon Domayre in the sum of P2,000, and the heirs of Felix Tamayo in the sum of P2,000, plus the costs. The information contained 11 counts, but the People’s Court based the judgment of conviction only on counts 3, 4, 9, and 10.

    The appellant is a Filipino citizen and was a USAFFE soldier at the outbreak of the last war. He surrendered to the Japanese forces and later joined the occupation Japanese constabulary. As sergeant in said organization, he was in command of the detachment in Palompon, Leyte.

    Under count No. 3, the prosecution alleges that some time in May, 1944, three Filipinos escaped from forced labor in a landing field in Opon, Cebu, and disembarked in Palompon, Leyte. Appellant arrested the three in the market of Palompon and brought them to the Social Center building, from which they were taken by appellant to the Palompon Elementary School then occupied by the Japanese. Said three men were blindfolded and thereafter bayoneted to death by the Japanese.

    Under count No. 4, it is alleged that Simon Domayre, a guerrilla suspect, was arrested in Barrio San Pedro, Palompon, Leyte, some time in June, 1944, upon order of the appellant. Placido Pajaron, who made the arrest with another unidentified person, delivered Simon Domayre to the appellant in the Social Center building, where appellant boxed Simon and hit him with a baseball bat, made him drink as much water as he could, put him on the table, placed a board on his stomach, after which appellant and two Japanese soldiers stepped on the board causing the water to ooze from Simon’s mouth and nose. Subsequently, the appellant brought Simon to the municipal jail. At about eight or nine o’clock in the evening, two men maltreated Simon upon order of the appellant, after which appellant slapped and kicked the two men upon seeing that they were half-hearted in their task. The appellant then ordered Carlos Guzman, a policeman, to kill Simon and, upon Guzman’s refusal to do so, he was boxed by the appellant who afterwards hit Simon in the forehead with a bottle causing his death.

    Under count No. 9, the evidence for the Government shows that in July, 1944, the appellant arrested and boxed Nicanor Sy on suspicion that he was aiding the guerrillas. The appellant brought Nicanor to the Social Center building of Palompon, Leyte, where he was investigated and maltreated by the Appellant.

    The evidence for the prosecution as to count No. 10 is to the effect that in the latter part of June, 1944, the appellant arrested in Palompon, Leyte, Felix Tamayo and brought him to the constabulary headquarters where he was maltreated by the appellant. The latter brought Felix to the Social Center building where he tied him to the bars of a window and investigated him about his guerrilla connections. Upon his refusal to admit that he was a soldier, the appellant gave Felix fist blows and later hit him with an iron bar. When Felix still denied, the appellant thrust the iron bar into his mouth until Felix was forced to admit that he was a soldier. The appellant later brought Felix to the seashore and bayoneted him to death.

    Count No. 3 is supported by the testimony of Cipriano Payos and Deogracias Astorga, two school teachers of Palompon, Leyte. The contention of attorney for appellant is that the two-witness rule has not been satisfied because Astorga learned of appellant’s reason for arresting the three men who escaped from Japanese forced labor only from the boatmen who brought them to Palompon. This contention is not tenable because, according to the record, Astorga came to know the motive for said arrest also from the conversation between the appellant and his three victims when the latter were arrested.

    Count No. 4 is established by the testimony of Cipriano Payos and Carlos Guzman. The criticism of attorney for appellant on this point is that only Payos testified the maltreatment of Simon Domayre in the Social Center building. However, we find that the two prosecution witnesses testified that they saw the torture and killing of Simon in the municipal building, and this is a sufficient overt act. The alleged inconsistency between Guzman and Payos as to who struck the fatal blow on Simon may be explained by the fact that the two witnesses were not in the same positions when they witnessed the incident.

    Count No. 9 is proved by the testimony of Nestorio Omega and Nicanor Sy, the latter being the very person arrested by the appellant. It is contended by appellant that Omega did not actually see the arrest but only saw Nicanor in the municipal jail. We believe, however, that the charge of having arrested Nicanor includes the act of confinement, and when witness Omega testified that he saw Nicanor in the municipal jail, he was in fact testifying on the arrest charge.

    Count No. 10 is borne out by the testimony of Deogracias Astorga, Nestorio Omega and Nicanor Sy. It is claimed by attorney for appellant that it was only Astorga who saw the arrest of Felix Tamayo and his maltreatment in the constabulary headquarters. But we find that the three witnesses saw the maltreatment of Felix in the Social Center building of Palompon, Leyte, as well as the act of killing by the appellant of Felix on the beach.

    The evidence does not reveal any indication that the witnesses for the prosecution had testified falsely against the appellant for any improper motive. Hence the appellant’s guilt has been proved beyond reasonable doubt. But the People’s Court erred in finding the appellant guilty of the complex crime of treason with murder, because murder was an ingredient of the crime of treason, as we have heretofore held in several cases. Under the circumstances of this case, and taking into account appellant’s past services with the USAFFE and the fact that he was made a mere tool of the Japanese, we are not prepared to impose the penalty of death.

    With the sole modification, therefore, that the appellant is hereby sentenced (for the crime of treason) to reclusion perpetua, the appealed judgment is in all other respects affirmed. So ordered, with costs against the Appellant.

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

    G.R. No. L-1546   March 6, 1950 - PEOPLE OF THE PHILS. v. RUFINO SURALTA<br /><br />085 Phil 714




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