PHILIPPINE SUPREME COURT JURISPRUDENCE

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Republic of the Philippines
SUPREME COURT
Manila

EN BANC

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. CECILIO FAMILGAN, BARTOLOME LONZAGA alias "Noli Lonzaga", FLORENCIO SANCHEZ, CARLITO CARIÑOZA and JULIAN SANCHEZ, accused-appellants.

PER CURIAM:

In the Court of First Instance of Cebu, JULIANO LONZAGA, CECILIO FAMILGAN, BARTOLOME LONZAGA, FLORENCIO SANCHEZ, CARLITO CARIÑOZA and JULIAN SANCHEZ were accused of Robbery in Band with Homicide in Criminal Case No. AR-168 and Arson in Criminal Case No. AR-170.chanrobles virtual law library

The Amended Information in AR-168 reads as follows:

That on or about the 24th day of December, 1970, in the municipality of Argao, province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, all fully armed with firearms, conspiring and confederating with one another and mutually helping one another, with deliberate intent of gain and to kill did, then and there unlawfully and feloniously break into the house of the spouses Gaudencio and Gerarda Lanticse and once inside, at gunpoint demanded money from the couple and after having taken the sum of P378.00 belonging to the latter, the accused fired at random thereby inflicting gunshot wounds upon the aforenamed spouses including Francisca Cutillar, sister of Gerarda Lanticse who was also inside the house, after which the same accused set on fire the house of the said spouses; and that the wounds inflicted on the three victims caused their death shortly thereafter; and such act of robbery having resulted in the damage and prejudice of the couple or their estate in the aforestated amount.

The Information in AR-170 alleges the following:

That on or about the 24th day of December, 1970, in the municipality of Argao, province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and helping mutually with one another, with deliberate intent and without any justifiable reason did, then and there willfully, unlawfully and feloniously set fire to the house of the spouses Gaudencio and Gerarda Lanticse, which was totally razed to the ground, to the damage and prejudice of the heirs of the late couple in the approximate sum of P5,000.00, the value thereof.

Because both cases involved the same defendants, the lower court tried them jointly. However, before the start of the trial, the prosecution moved to discharge Juliano Lonzaga so that he could testify as a government witness. The motion was granted despite the opposition of the other defendants who pleaded not guilty to the charges. After trial, the lower court rendered the following judgments:

WHEREFORE, IN THE LIGHT OF ALL THE FOREGOING CONSIDERATIONS, the court found that the prosecution has proven the guilt of all the accused: Cecilio Familgan, Bartolome Lonzaga alias Noli Lonzaga, Florencio Sanchez, Carlito Cariñoza and Julian Sanchez, beyond all reasonable doubts of the crimes charged in both aforequoted information.chanrobles virtual law library

In Criminal Case No. AR-168, pursuant to the provisions of Article 294, paragraph (1) of the Revised Penal Code in relation to Article 48 of the same Code, there being two (2) aggravating circumstances attendant in the commission of the crime and no mitigating circumstance to offset any of them, the court imposes upon each of them to suffer the death penalty; further ordering them to jointly and severally indemnify the heirs of the deceased (Gaudencio Lanticse, Gerarda Cutillar-Lanticse and Francisca Cutillar) in the amount of P12,000.00 each or the total amount of THIRTY-SIX THOUSAND PESOS (P36,000.00); the firearms (Exhs. "A" and "B") are hereby ordered confiscated in favor of the government; and all the accused to pay the costs proportionately.chanrobles virtual law library

In Criminal Case No. AR-170, there being two (2) aggravating circumstances and no mitigating circumstance to offset any of them, pursuant to Article 321, paragraph (1), sub-paragraph (a) and People vs. Suab CA 40, O.G., Supp. 11, 138), the court imposes upon each of the accused the penalty of Reclusion Perpetua plus costs. Damages cannot be awarded for failure on the part of the prosecution to present proofs therefor.

Each of the five defendants interposed the defense of alibi during the trial, hence it is not inappropriate to reproduce here the statement of facts in the People's brief as culled from the testimony of the following witnesses for the prosecution, namely: Juliano Lonzaga, the discharged defendant; Renato Lanticse, son of the deceased Gaudencio Lanticse and step-son of Gaudencio's wife, Gerarda CutiIllar; Isaac Carupo; Facundo Famat; Loreta Lonzaga-Sakyab, sister of Juliano Lonzaga; Oscar Ellos brother-in-law of Cecilio Familgan; Sgt. Nicanor Bancog of the Philippine Constabulary; Patrolman Paulino Fuentes of the Argao, Cebu, police force; Dr. Carlos Fortuna, the Municipal Health Officer of Argao; Sgt. Archimedes Carillo of the Philippine Constabulary; and Guillermo Menchavez, a guard at the Cebu Provincial Jail. The People's version of the facts is as follows:

Appellant Florencio Sanchez was a man of power and influence in the Barrio of Lapay, Argao, Cebu. He was a copra dealer and owner of two grocery stores. In 1962, he was elected as Barrio Lieutenant in his barrio. After finishing his term, however, he gave way to his father in the succeeding barrio elections in order that he can devote his time to his business, as he wanted to monopolize the copra trade in his locality. To accomplish his objective, Florencio extended credit from his grocery stores and even gave cash advances to the people of Lapay, especially during times of emergency. Due to these favors, many of the coconut planters of Lapay became indebted to Florencio and, therefore, they had to sell their copra to him. Not satisfied, however, as there were still others who sold copra to his business competitors, Florencio acquired plenty of firearms and organized a group of young men, whom he utilized to terrorize his business rivals and to rob their customers. Consequently, Florencio and his brothers and followers were feared by the residents of Barrio Lapay. So much so that, in spite of the many instances of terrorism, threats and intimidations committed by Florencio and his men, no formal complaints were filed against them as no one dared to report the incident to the authorities for fear of reprisal (pp. 3-6, 48-51, 8-81, Oct. 18, 1972; pp. 3-11, 21-25, 27-30, Oct. 19, 1972; pp. 101-112, 150-155, tsn, Dec. 8, 1971; pp. 114-119, tsn, Nov. 18, 1971; p. 19, Vol. I, Rec. C.C. AR-168).chanrobles virtual law library

Undaunted by Florencio's notoriety, Gaudencio Lanticse stubbornly refused to sell his copra to him (pp. 118-119, tsn, Nov. 18, 1971). This was deeply resented by Florencio. On December 24, 1970 accused asked five of his henchmen, all his co-accused including Juliano Lonzaga, to a drinking spree in his house. That was the occasion when Florencio proposed to them the plan to, rob and kill the members of Gaudencio Lanticses household. After finally getting the approval of his five companions, Florencio treated them to supper at about 7:00 o'clock that evening, during which he (Florencio) gave detailed instructions to ensure the success of their fiendish scheme. He emphasized to them that, 'after the robbery, I would like to have the owners of the house killed, and after having killed, they will be burned' to be sure that none of the occupants of the house would survive to be a witness to the incident. He instructed them on their individual roles in the execution of their plan, and to deposit the firearms and the axe which he was about to distribute to them in Florencio's toilet after the robbery. Believing that his men had already fully grasped his instructions, Florencio brought them upstairs, where he provided Juliano Lonzaga, Bartolome Lonzaga and Julian Sanchez with firearms and ammunition. He did not anymore provide Cecilio Familgan and Carlito Cariñoza with firearms and ammunition because they had already their own. Instead, Florencio provided Cecilio Familgan with an axe with which to force open the door of Gaudencio Lanticse's house (pp. 11-29, 33-34, tsn, Nov. 17, 1971; pp. 91-94, 96-97, tsn, Dec. 8. 1971).chanrobles virtual law library

After giving his last minute instructions at about 11:00 o'clock that evening, Florencio gave his men the go signal for their mission, while he (Florencio) stayed behind. Upon reaching Gaudencio Lanticse's yard, Cecilio Familgan together with Julian Sanchez and Carlito Cariñoza proceeded upstairs, leaving behind Juliano Lonzaga and Bartolome Lonzaga who acted as "look-outs". After Familgan had broken the door with his axe, the three immediately entered the house. Awakened by the noise, Gaudencio Lanticse and his wife and sister-in-law Francisco Cutillar rushed to the sala and shouted for help upon noticing the three intruders, who started to shoot at them indiscriminately. The three intruders then gathered the three lifeless bodies of their victims near the kitchen, and started searching for money. Meanwhile, Juliano Lonzaga and Bartolome Lonzaga went upstairs and joined their three companions in searching for the money of their victims. After Familgan found the money inside a wooden trunk, Carlito Cariñoza set the house on fire and then ran away. Gaudencio Lanticse's son Renato, was then hiding in the kitchen. He saw the accused escape and their house burn to the ground (pp. 29-43, tan, Nov. 17,1971; pp. 99-108, tan, Jan. 20,1972).chanrobles virtual law library

From there, the five proceeded to the toilet of Florencio Sanchez to deposit the firearms and axe provided to them by Florencio. Juliano Lonzaga, however, forgot to leave his firearm as he was overwhelmed with fright. Then they proceeded to the vacant house of a certain Candido Familgan where they counted their loot amounting to ?378.00. Cecilio Familgan then kept the money to be delivered to their boss Florencio Sanchez the following morning. Thereafter, they parted ways and proceeded to their respective homes. (pp. 44-45, tsn. Nov. 17,1971.)

The following morning on December 25, 1970, Sgt. Archimedes Carillo of the 344th PC Company stationed at Sibonga, Cebu went to the crime scene to investigate upon learning about the incident. He recovered seven empty shells (Exhibits "H", "H-1" to "H-6" at a distance of two to three meters from the burnt area. He also found the charred bodies of the three victims, and turned them over to the Municipal Health Officer of Argao, Dr. Carlos Fortuna who issued an autopsy report (Exhibit "D") and death certificates (Exhibits "E", "F" and "G") after examining the remains of the three victims. Sgt. Carillo also met Renato Lanticse who narrated to him what happened the previous night. Then after taking Renato's sworn statements (pp. 6-7, Vol. 1, Rec. C.C. AR-168) wherein he implicated Bartolome Lonzaga, Cecilio Familgan and Juliano Lonzaga, a complaint was filed against the three before the Municipal Court of Argao, Cebu. On the basis of this complaint, the three were arrested by a combined PC-Police Team three days after the incident. They were brought to the Municipal Building of Argao and placed them under detention inside the municipal jail. Apprehensive that the trio might implicate him, Florencio exerted efforts to stop them from doing so. First, he showed up at the PC headquarters in Sibonga Cebu, and in the guise of volunteering to help in solving the case, he made representations with the PC Command to detain the three arrested persons in the Argao Municipal Jail instead of in the Cebu Provincial Jail at Cebu City where he had no longer any influence. But the authorities must have sensed about his motives, because after detaining the three for a while at the Argao Municipal Jail, they were transferred to the Cebu Provincial Jail. Again, Florencio exhibited his undue concern in the case by his presence during the preliminary hearing of the cases against the three before the Municipal Court of Argao, Cebu. In fact, he was seen going in and out of the office of the Municipal Judge where the arrested persons were brought (pp. 110-112, tsn, Jan. 20, 1972; pp. 188-191, 197-199, tsn, Jan. 24, 1972; pp. 56-58; 69-77, tsn, Nov. 17,1971; Decision, pp. 294-295, Vol. III, Rec. C. C. AR-168).chanrobles virtual law library

Then on December 28, 1970, the Chief of Police of Argao dispatched Patrolman Paulino Fuentes to Barrio Lapay to conduct an investigation of the incident. At first, he could not make any headway as the people of Lapay were tight-lipped and refused to shed light on the incident. Then he came across a certain "Juan" who told him to investigate one Facundo Famat. Upon meeting Famat, however, the latter appeared tense and refused to comment. Instead, he suggested to Pat. Fuentes to investigate a certain Leny Day who, like Famat also refused to talk. It was then that Pat. Fuentes learned from the people who were talking whispers that he cannot expect anybody to talk about the incident, unless Florencio Sanchez was arrested or a PC Detachment was stationed in Lapay for fear of reprisal from Florencio and his henchmen. Thus, the authorities were prompted to place a PC detachment in Barrio Lapay. This must have emboldened the people of Lapay, because when a PC soldier visited on Isaac Carupo regarding the incident, the latter narrated everything that he observed during the night of the incident upon the assurance that he would be given protection. On January 12, 1971, he gave his sworn statements (p. 16, Vol. I, Rec. C.C. AR-168) wherein he revealed the names of some of those who took part on the commission of the crime. Then on January 20, 1971, the same Facundo Famat who previously refused to talk about the incident, also gave his sworn statements (p. 19, Vol. I, Rec. C.C. AR-168) wherein he divulged not only the names of those who took part in the plot to rob and kill the Lanticses, but also the previous criminal activities of Florencio Sanchez and the members of his gang (pp. 93-95, Jan. 20, 1972; pp. 131-140, tsn, Dec. 8, 1971; pp. 46, 52-56, tsn, Dec. 7, 1971; pp. 5-12, 14-29, 35-38, tsn, April 13, 1972).chanrobles virtual law library

The biggest break, however, in solving the two cases came on February 1, 1971 when Juliano Lonzaga broke down before PC Sgt. Nicanor Bancog. In his confession, he implicated Florencio Sanchez, Julian Sanchez and Carlito Cariñoza aside from his original two co-accused. Significantly, upon Juliano's disclose that he hid in his house the firearm (Exhibit "A") used by him during the robbery, Sgt. Bancog led a combined PC-Police team and accompanied Juliano to the latter's house, where the firearm was found at the very place pointed at by Juliano. Accordingly, after Juliano Lonzaga formally gave bis sworn statements (pp. 10-12, Vol. I, Rec. C.C. AR-168) on February 2, 1971, the original complaints in the Municipal Court of Argao, Cebu were amended to include Florencio Sanchez, Julian Sanchez and Carlito Cariñoza as additional accused (pp. 63-67, tsn, Dec. 8, 1971; pp. 82-85, tsn. Nov. 17, 1971).chanrobles virtual law library

Thereafter, Julianos sister, Loreta Lonzaga-Sakyab, received a letter from Florencio's half-brother, William Alberca, requesting her to meet him at the store of a certain Conling Sesaldo in the town proper of Argao, Cebu. Upon meeting her at the designated place and time, William Alberca and Conling Sesaldo advised Loreta to ask her brother to change his lawyer and to retract his confession. Forthwith, Loreta proceeded to the PC headquarters in Sibonga, and relayed the message to her brother. She also told him that Florencio's wife had been accusing him of being ungrateful for not defending her husband after all the favors that Florencio had given him. Afraid that Florencio and his brothers would liquidate his family, Juliano wrote Florencio a letter (Exhibit "1") dated February 9, 1971. Said letter was delivered personally by Loreta to Florencio at the Argao Municipal Jail. After reading the same, Florencio assured Loreta that should Juliano retract his confession he would shoulder all the expenses for his defense (pp. 22-31, tsn, Jan. 14, 1972; pp. 95-103, 129- 131,135-156, tsn, 1971).

Cecilio Familgan admitted knowing Bartolome Lonzaga, Carlito Cariñoza, Julian Sanchez and Florencio Sanchez. As to his whereabouts on December 24, 1970, he testified that he ate breakfast with his father and mother at their house in Pulo, Lapay, Argao, Cebu, and thereafter he went with his father to their farm where they worked for several hours. They went back to their house for lunch and siesta. At 2:30 p.m., they returned to the farm where they worked until 4:00 p.m. The family ate supper at 6:30 p.m. and at eight o'clock he slept. He did not leave the house that night. The following morning, he went with his mother to the poblacion to buy food and on the way they heard of the fire which burned the house of the Lanticses. He denied ownership of the gun (Exh. B). Ignacio Familgan, mother of Cecilio, corroborated his testimony.

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