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EN BANC

G.R. No. L-17234 March 31, 1964

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NICOLAS MOJICA Y GIRA, accused-appellant.

Office of the Solicitor General for plaintiff-appellee.
Salvador J. Lorayes for accused-appellant.

PER CURIAM:chanrobles virtual law library

Review of the judgment of the Court of First Instance of Rizal finding appellant Nicolas Mojica guilty of murder and sentencing him to death penalty, and the accessories.chanroblesvirtualawlibrarychanrobles virtual law library

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.chanroblesvirtualawlibrarychanrobles virtual law library

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.chanroblesvirtualawlibrarychanrobles virtual law library

Mojica, on the other hand, did not plead guilty. So trial proceeding, after which he was found guilty as charged and sentenced to death.chanroblesvirtualawlibrarychanrobles virtual law library

As stated, this is a review of the judge's decision.chanroblesvirtualawlibrarychanrobles virtual law library

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 "Sigue-sigue 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 ice-pick 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.chanroblesvirtualawlibrarychanrobles virtual law library

In Mojica's confession, it is related that:chanrobles virtual law library

This afternoon at about 6:00 p.m., 24 March 1959, after having heard that one of our leaders in the OXO gang, GABRIEL BUCLATIN was stabbed to death by members of the Sige-Sige gang, I and prisoner PRIMITIVO ALA, decided to kill a tagalog prisoner inside our dormitory called RUPERTO ARTUS in revenge to the death of our leader.

Q. - How did you effect the killing of Ruperto Artus?chanrobles virtual law library

A. - While Artus was standing inside Cell No. 1 of Dormitory 3-C, I immediately stabbed him on the waist followed by my co-prisoner PRIMITIVO ALA with the use of an improvised weapon made out of steel drum.chanroblesvirtualawlibrarychanrobles virtual law library

Q. - How many times did you stab prisoner ARTUS?chanrobles virtual law library

A. - Four times, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q. - In what part of the person of ARTUS was hit?chanrobles virtual law library

A. - On the stomach and on his sides.chanroblesvirtualawlibrarychanrobles virtual law library

Q. - When did you decide to kill Artus?chanrobles virtual law library

A. - We decided to kill Artus immediately after the killing of Buclatin at about 4:15 p.m., 24 March 1959.

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Q. - Why did you want to kill Artus, had you any altercation or misunderstanding with him?chanrobles virtual law library

A. - We had no ill-feeling against each other, I only want to revenge the killing of Mayor Abing meaning GABRIEL BUCLATIN.

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Q. - Are you a member of the OXO gang?chanrobles virtual law library

A. - Yes, sir, I have a tattoo with number 11 as membership of the gang.chanroblesvirtualawlibrarychanrobles virtual law library

Q. - When did you join the OXO gang?chanrobles virtual law library

A. - In 1957, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q. - Do you have something more to say, add, or retract from this statement?chanrobles virtual law library

A. - No more, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q. - Are you willing to sign this statement?chanrobles virtual law library

A. - Yes, sir. (Exh. B).

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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 extrajudicial confession because he had been beaten by men in khaki 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 Iba�ez; 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.chanroblesvirtualawlibrarychanrobles virtual law library

Upon review of the records, we find substantial evidence corroborating the extrajudicial confession of Mojica. The murder weapon he described in the extrajudicial 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 extrajudicial 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 extrajudicial 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.chanroblesvirtualawlibrarychanrobles virtual law library

As to the voluntariness of the execution of the extrajudicial 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 in his hands contradicted the testimony of his co-accused Ala. While Mojica said that it was Ala who had 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.chanroblesvirtualawlibrarychanrobles virtual law library

The testimony of Primitivo Ala pointing to Fortunato Birotiao Jose Garcia, Rodolfo Iba�ez and Francisco Brillantes as the perpetrators of the crime is completely inconsistent with his plea of guilty when he was arraigned for said crime in the lower court. When his judgment of conviction was brought before this Court en consulta in 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 consequence thereof. And we affirmed the judgment of conviction against him.chanroblesvirtualawlibrarychanrobles virtual law library

The element of conspiracy attended the commission of the instant crime. Both the extrajudicial 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 time⁴ having been shown to intervene between its inception and execution. There is also treachery. Two men stabbing another forty times in vital parts or the body cannot but insure the death of the latter. Also, the attack on the victim was sudden. As Mojica has described in his extrajudicial confession, the victim was just standing inside the cell when appellant suddenly, stabbed him on the waist followed by his co-accused Primitivo Ala.chanroblesvirtualawlibrarychanrobles virtual law library

Considering that Primitivo Ala appellants co-accused, has been sentenced to die, (despite his judicial confession which is a mitigation), considering that the 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.chanroblesvirtualawlibrarychanrobles virtual law library

The judgment en consulta is affirmed in all parts and respects.

Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.

Endnotes:

¹The "OXO gang" is composed of prisoners from the Visayan provinces.

²The "Sigue-sigue gang" is composed of prisoners from Luzon.

³Decided August 31, 1960.

⁴From 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 on the crime.