G.R. Nos. L-1846-48 January 18, 1949 - PEOPLE OF THE PHIL. v.

PED…082 Phil 563 : January 1949 - Philipppine Supreme Court Decisions 4/24/21, 11:58 PM

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Philippine Supreme Court Jurisprudence > Year 1949 > January 1949 Decisions > G.R.
Nos. L-1846-48 January 18, 1949 - PEOPLE OF THE PHIL. v. PEDRO REYES, ET AL.
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082 Phil 563:

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[G.R. Nos. L-1846-48. January 18, 1949.]
Review

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO REYES (alias

BASIBAS) ET AL., Defendants. VICENTE GATCHALIAN (alias MAGALLANES) and
SEVERINO AUSTRIA (alias BIG BOY), Appellants.

Artemio C. Macalino for Appellants.

First Assistant Solicitor General Roberto A. Gianzon and Solicitor Jaime de los
Angeles for Appellee.

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SYLLABUS

1. CRIMINAL LAW; MURDER AND SERIOUS PHYSICAL INJURIES; EVIDENCE; ACCUSED’S

ADMISSION. — The conversation had among the accused immediately after the
shooting, which was overheard in the rice field by the prosecuting witness is admissible
as an admission and as part of the res gestae.

DECISION

BENGZON, J.:
ChanRobles CPA Review Online

This is an appeal from a judgment of the Court of First Instance of Pampanga sentencing
herein appellants to reclusion perpetua and indemnity for the murders of Benjamin Nery
and Alfredo Laguitan and to a term of imprisonment and indemnity for the injuries they
had inflicted upon Francisco Orsino.

These two appellants, together with Pedro Reyes, Eusebio Perez, Gervasio Due and
Marcelo Due, were charged in two separate cases with the violent death of Benjamin
Nery and Alfredo Laguitan. In another, they were accused of having caused physical
injuries to Francisco Orsino. A joint trial was ordered. At the beginning thereof the fiscal
filed a motion for the dismissal of the case against Eusebio Perez for insufficiency of
evidence. This was granted. He also asked that the accused Pedro Reyes be discharged
so that the latter may be used as prosecution witness. This was also granted.

ChanRobles Special Lecture

Series Evidence for both sides was later submitted in open court; and after a careful
consideration of the same the Honorable Antonio G. Lucero, Judge, found the accused
Maximino Austria alias Severino Austria alias Big Boy and Vicente Gatchalian alias
Magallanes guilty of the offenses set forth in the different informations. His Honor
therefore sentenced them as follows: jgc:chanrobles.com.ph

". . . the court hereby finds the accused Maximino Austria alias Severino Austria alias Big
Bog and Vicente Gatchalian alias Magallanes guilty, beyond reasonable doubt, of the
crimes charged in the information and sentences them as follows: (a) in criminal case
No. 367, to reclusion perpetua, with the accessories of the law, to indemnifty jointly and
severally the heirs of Pvt. Benjamin Nery in the sum of P2,000, without subsidiary
imprisonment in case of insolvency, and to pay the costs; (b) in criminal case No. 367-A,
to reclusion perpetua, with the accessories of the law, to indemnify jointly and severally
the heirs of Pvt. Alfredo Laguitan in the sum of P2,000 without subsidiary imprisonment
in case of insolvency, and to pay the costs; and (c) in criminal case No. 367-B, to an
indeterminate penalty of six (6) years of prision correccional, as the minimum, to twelve
(12) years and one (1) day of reclusion temporal, as the maximum, to indemnify jointly
and severally Pvt. Francisco Orsino in the sum of P1,000, without subsidiary
imprisonment in case of insolvency and to pay the costs. In these three cases the
accused are entitled to be credited with one-half of their preventive imprisonment." cralaw virtua1aw library

Gervasio Due alias Oliveros and Marcelo Due alias Pipit have not been arrested nor tried.

The transcript of the testimony taken before the Pampanga judge and the documentary
evidence in connection therewith are all before us, and the Court, after examining the
same, has voted to affirm the verdict of guilt of appellants Austria and Gatchalian,

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because from the evidence it appears beyond reasonable doubt that: In the night of
Good Friday of 1946 (April 19) while religious celebrations were in full swing in the barrio
of Cacutud, Arayat, Pampanga and the "pabasa" was being performed (reading and
singing of the story of the Cricifixion) the herein appellants assisted by Marcelo Due alias
Pipit, Gervasio Due alias Oliveros and one Peping, all armed with pistols, approached
three members of the military police, Philippine Army, i. e. privated Benjamin Nery,
Alfredo Laguitan and Francisco Orsino — hereafter to be designated MP’s for short —
who were peacebly seated, entirely unarmed, in a store watching the affair. At the point
of their guns they drove the latter to the road leading to Magalan and at a short distance
(about ten meters from the "pabasa" or "cenaculo") shot them from the back and left
them lying on the ground.

The attackers were Huks, and the motive of the killing was obviously the enmity existing
between the outlaw organization and the forces of peace and order.

Nery and Laguitan died as a result of the shooting. Private Orsino suffered serious
injuries. Hig leg, shot and fractured, need about six months to heal.

Pedro Reyes turned state evidence, but he did not confirm every statement he had
previously made at the fiscal’s investigation. He testified, however, that at about seven
o’clock that night he saw, among the people gathered at the "pabasa," "Pipit" (Marcelo
Due) Piping, Gervasio Due alias Oliveros, Vicente Gatchalian and Maximino Austria alias
Big Boy; that Pipit and Piping (Felipe Sese) called him and told him that Oliveros wanted
to talk with him; that talking with Oliveros he was invited by the latter to speak to the
MP’s (the members of the military police, Nery, Laguitan and Orsino); that he refused;
that thereafter he heard several detonations; that he ran to the rice field and there he
met Oliveros (Gervasio Due) and Gatchalian talking, the former declaring he was sure
the MP he had shot will die and Gatchalian making the same assurance as to the MP he
(Gatchalian) had shot in turn. Reyes had previously told the authorities in his affidavit
Exhibit A, in addition to what he related in court, that Oliveros, Magallanes and Big Boy
had approached the three MP’s and lined them up on the road, after which shots were
heard. Enough, however, may be gathered from his testimony in open court to identify
Gatchalian as one of the assailants, the conversation he overheard in the rice field being
admissibile as an admission and as part of the res gestæ. (U. S. v. Remigio, 37 Phil.,
599; People v. Nakpil, 52 Phil., 985; People v. Durante, 53 Phil., 363.)

Francisco Orsino, one of the victims, narrated the incident substantially as above
described, but could not identify the aggressors except the defendant Severino Austria
whom he pointed out as his treacherous assailant.

Lieutenant Fidel Martinez and Secundino Quintas declared under oath that Vicente
Gatchalian admitted before the latter, while under investigation, that he had shot one of
the MPs who died later. Gatchalian even showed how he had fired at the MP from the
back, posing for a picture (Exhibit H).

Lieutenant Quintans likewise asserted that Severino Austria had voluntarily signed the
confession Exhibit E wherein said Austria made the following statements: jgc:chanrobles.com.ph

"Q. What did you do on that same night?

A. While we were at the back of the ’Cenaculo’, OLIVEROS ordered PEPIT and FELIPE
SESE to see if there are any MP soldiers in the vicinity of the ’Cenaculo’. PEPIT and
FELIPE SESE did as ordered and came with the information that there are three MP
soldiers in one of the stores near the ’Cenaculo’.

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"Q. What did you do when you were informed thus?

A. BASIBAS, MAGALLANES, BATUIN, OLIVEROS, and I went to the place where the MP
soldiers were and I myself talked with one of the said soldiers, and I asked him to stand
and come with me where we could talk together, but he refused, so I drew my pistol and
forced him to come with me. OLIVEROS held one of the soldiers, Magallanes held the
other and forced them to come with us.

"Q. Why and where were you taking the MP soldiers?

A. To talk with them in front of the house of SEGUNDO GUEVARRA.

"Q. What happened when you took the soldiers?

A. While we were walking about 10 meters from the ’Cenaculo’, the soldier who was with
me tried to grab the pistol that I was holding with my right hand. Suddenly I heard
about 4 shots from behind, so I also fired at the soldier who was with me." cralaw virtua1aw library

The picture of Austria reenacting the crime in Exhibit G.

We are thus satisfied from the foregoing of the guilty participation of the appellants in
this gruesome business. Their defense of alibi is weak and untenable. The Solicitor
General’s brief substantially proves conspiracy between them and their other co- accused
who are still at large. There are three offenses: two murders and one serious physical
injuries, for which all the accused must do penance irrespective of the actual deed of
January-1949 Jurisprudence each.

Wherefore, the penalty imposed on the appellants being in accordance with law, it is
G.R. No. L-406 January 7, 1949 - hereby affirmed, with costs.
PEOPLE OF THE PHIL. v.
BIENVENIDO GARCIA Moran, C.J., Paras, Feria, Pablo, Briones, Tuason and Montemayor, JJ., concur.

082 Phil 496 Separate Opinions

G.R. No. L-1449 January 7, 1949

- PEOPLE OF THE PHIL. v. JOSE PERFECTO, J., dissenting: chanrob1es virtual 1aw library

DOSAL, ET AL.

On the night of April 19, 1946, while attending a pabasa (reading of life story of Christ)
082 Phil 501
in barrio Cacutud, Arayat, Pampanga, three MPs,— Benjamin Neri, Alfredo Laguitan and
Francisco Orsino,— were taken by four armed individuals, brought to the road leading to
G.R. No. L-1656 January 7, 1949
Cabiao and there shot by them. As a result Neri and Laguitan died. Orsino recovered
- PEOPLE OF THE PHIL. v. ROMAN
from his wounds.
VILO

The question in this appeal is whether or not appellants Vicente Gatchalian and
082 Phil 524
Maximino Austria alias Severino Austria participated in the crime.

G.R. No. L-1838 January 7, 1949

Six witnesses testified for the prosecution.
- PEOPLE OF THE PHIL. v.
EXEQUIEL LACANLALE
Eusebio Perez, 23, testified that he attended the pabasa, where, at about 7 o’clock at
night, of April 19, 1946, in barrio Cacutud, Arayat, Pampanga, he saw, among others,
082 Phil 536
Maximino Austria. (2-3). At 10 o’clock, "While we were eating there was an explosion"
(3). The witness heard three rapid explosions, followed by a fourth which was stronger.
G.R. No. L-1874 January 7, 1949
(8). "I took my wife by the arm and we ran, the people scattered." He went to Lacmit,

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- PEOPLE OF THE PHIL. v. MELECIO about three kilometers away. The next day he saw three persons, including Maximino
MEJIAS Austria who told him that they were going to hide because something happened in
Cacutud, as they were engaged in shooting. (4-5).
082 Phil 541
In his testimony, the witness did not mention the presence of Vicente Gatchalian.
G.R. No. L-2327 January 11,
1949 - CANUTO F. PIMENTEL v. Pedro Reyes, 33, the information against whom was dismissed because he was utilized
PEDRO FESTEJO as witness for the prosecution, testified that among those present in the pabasa were
Vicente Gatchalian and Maximino Austria. (13). While there, Pipit (Marcelo Due) and
082 Phil 545 Piping (Felipe Sese) called him to a place in front of the alter because Oliveros wanted to
talk to him. (14). Oliveros told him to come along with him and approach the MPs and
G.R. No. L-1607 January 12, speak to them, but Reyes refused. (15). While Reyes was talking to Oliveros, Vicente
1949 - PEOPLE OF THE PHIL. v. Gatchalian "was not there and I don’t know where he was." (16). Then Reyes returned
ATANACIO FIGUIEROA to his place, and, while returning, there was a commotion and a moment later he heard
shots. "I only heard two strong explosions. I did not see MPs." (15). "After came to
082 Phil 559 Oliveros and Gatchalian talking. (16). He heard Oliveros saying he was sure that the
person he shot would die because he shot him four times, and then ask Gatchalian if the
G.R. Nos. L-1846-48 January 18, person he shot was also going to die, and Gatchalian answered he would. The other
1949 - PEOPLE OF THE PHIL. v. persons there present were Pipit and Piping. (17). In the field he saw also Maximino
PEDRO REYES, ET AL. Austria with Oliveros, Pipit, Piping and Gatchalian. (21). Austria said that his pistol
jammed, but hit an MP. (22). The conversation was overheard by Reyes when he was
082 Phil 563 about 7 or 8 meters away from those talking. (24-25). Besides Vicente Gatchalian,
Oliveros, Pipit and Piping, "no one else" was "present there in the field." (17). The night
G.R. No. L-1591 January 20, was dark, there was no light in the field. (26). Reyes was not sure of the identity of the
1949 - PEOPLE OF THE PHIL. v. persons talking because they were far away. (27). After hearing what he heard, "I went
CONRADO REFUERZO home." (17).

082 Phil 576 Fidel Martinez, 29, testified that he was present during an investigation of the incident
conducted by Lt. Quintans. (29). In that investigation, Gatchalian stated that "they
In re VICENTE SOTTO, for approached the MPs whom they found unarmed. Each and everyone of them grabbed
contempt of court : January 21, one MP." (30). "And fired four shots at the MP and he was sure that the MP will die." The
1949 - 082 Phil 595 statement was not put in writing because Lt. Quintans was then too occupied. (31).

G.R. No. L-365 January 21, 1949 Federico G. Cayco, 32, is the physician who treated the victims in the station hospital in
- PEOPLE OF THE PHIL. v. Camp Olivas. (35044).
ANTONIO RACAZA
Segundino S. Quintans, 28, testified that the investigated Gatchalian and Austria. (46).
082 Phil 623 Exhibit E is the written statement of Austria. (46). Exhibit E is the written statement of
Austria. (46). He was not able to put in writing the declaration of Gatchalian because he
G.R. No. L-1278 January 21, did not have time to do so. Gatchalian told him that "he was one of those who shot my
1949 - LORETO BARRIOQUINTO, soldiers on April 19, 1946." (48). Exhibits F, G and H are photographs taken of the
ET AL. v. ENRIQUE A. FERNANDEZ, reenactment of the incident made by Gatchalian and Austria. (49-50).
ET AL
Francisco Orsino, 20, declared that he was shot on April 19, 1946, in Arayat at the
082 Phil 642 crossing of the road going to Magalan. He was with Alfredo Laguitan and Benjamin Neri
(53). "On that night we were sitting on a bench near a lady’s store, four armed persons
G.R. No. L-1369 January 21, approached us and told us not to move." One of them "took me towards the road to
1949 - PEOPLE OF THE PHIL. v. Magalan." Laguitan and Neri were also dragged behind him. (54). "As we reached a
MANUEL VALENCIA place where there were many people I tried to grab the pistol of the person holding me,
but in the attempt I was not successful because he was stronger than I and that
082 Phil 657 happened to shot me." He was shot on the knee. "I heard two shots before I was shot.
When I was shot I fell unconscious and I did not know what happened next." (55). The
G.R. No. L-1187 January 25, person who shot him was Severino Austria. He could not identify the persons who held
1949 - PEOPLE OF THE PHIL. v. Laguitan and Neri nor the fourth person (56). The witness was shot "just in front of the

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EUFRACIO LANSANG place where the pabasa was being held." (60). When the witness was taken he was
sitting with his companions in front of a store about 20 meters from the place where the
082 Phil 662 pabasa was being held. The store was lighted. (61). Austria was wearing a buri hat.
(62). There were many people in the store. (63). There were more than 10. He tried to
G.R. No. L-1288 January 25, grab the pistol of Austria after walking with him about 20 meters. (64).
1949 - PEOPLE OF THE PHIL. v.
JACINTO PINEDA The witnesses for the defense testified in substance as follows: chanrob1es virtual 1aw library

082 Phil 668 Segundo Guevara, 61, whose house was located at about 100 meters from the pabasa,
said that he saw there Vicente Gatchalian at about 7:30 p.m. (73). He invited
G.R. No. L-1561 January 25, Gatchalian, besides Evaristo Paras, Emilia, Mallari, and a baby, to eat in his house. (74).
1949 - PEOPLE OF THE PHIL. v. "When they were about to finish eating" after eight there were heard four explosions. "I
JOSE CADA ran to the window to see what happened and I saw people running down the street."
Gatchalian "snatched his child from his wife and lay down beside the palay in sacks."
082 Phil 671 (75). Gatchalian did not go down but remained in the house the whole night "because I
invited them to sleep in my house." (76).
G.R. No. L-2456 January 25,
1949 - NICOLAS B. POTOT v. JUAN Evaristo Paras, 67, declared that in the afternoon of April 29, 1946, he was in Lacmit,
L. BAGANO, ET AL. from where he went to the pabasa with Vicente Gatchalian, the latter’s wife and their
small child. They reached the pabasa at about 5 o’clock and remained there up to 7:30,
082 Phil 679 more or less. (80). Segundo Guevara invited them to his house where he served them
food. When they were about to finish eating, "we heard several shots and the confusion
G.R. No. L-986 January 26, 1949 among the people and we had to stop eating." Gatchalian did not go down. (81). The
- PEOPLE OF THE PHIL. v. FELIX witness left the house of Segundo Guevarra the next morning. (82).
ALCOVER

Perpetua Austria, 14, was living with his parents, Severino Austria and Leona Ramos, in
082 Phil 681 their home in barrio Lacmit. On April 19, 1946, his father attended the pabasa. That
evening her mother, who was on the family way and had been exposed to heat, had
G.R. No. L-1620 January 26, stomach-ache. (85). So "I fetched my father from the chapel," and they arrived home at
1949 - PEOPLE OF THE PHIL. v. about 7 o’clock p.m. "My father boiled water and applied enema. He also rubbed her
RUPERTO ARANGUREN, ET AL. stomach and legs." Perpetua went down only to get guava leaves, and retired at about
11 o’clock. Her father did not go down. (86).
082 Phil 696

Leona Ramos, 32, declared that she had stomach-ache in the evening of April 19, 1946,
G.R. No. L-300 January 28, 1949 and asked her daughter Perpetua Austria to fetch her father from the chapel. (93).
- PEOPLE OF THE PHIL. v. Father and daughter arrived home at about 7.30 p.m. Austria had guava leaves boiled
FILOMENO CASTRO and administered her enema. She was on the family way. "I did not sleep the whole
night. I could not sleep very well because my stomach-ache was intermittent." Her
082 Phil 706 husband was at her side sometimes rubbing her stomach. (94). Her husband did not go
down. (94-95).
G.R. No. L-1481 January 28,
1949 - PEOPLE OF THE PHIL. v. Vicente Gatchalian, 24, testified that he went to Cacutud between 5 and 6 o’clock with
EUGENIO ABENDAN, ET AL. his wife, a child and Evaristo Paras. He parked his calesa at the house of Segundo
Guevara. He parked his calesa at the house of Segundo Guevara. (98). They went to the
082 Phil 711 place of the pabasa, where they remained for about more than one hour. At 7.30, he left
the pabasa together with Segundo Guevara, Evaristo Paras, his wife and his child and
G.R. No. L-1547 January 28, went to the house of Segundo Guevara. "When we were about to finish eating we heard
1949 - PEOPLE OF THE PHIL. v. shots." (99). It took place at about 8 o’clock. "I took cover behind the palay in sacks that
MAXIMO BATE was near the bamboo wall." He did not leave anymore the house of Segundo Guevara
that night. (100). It is not true that he made any confession to Lt. Quintans. Lt.
082 Phil 716 Quintans asked him and insisted that he was one of the authors of the killing on April 19,
1946 "but I answered that I was not one of them." (101). He appears in the picture
G.R. No. L-1653 January 28, Exhibit H, notwithstanding his unwillingness, and although he did not take part in the
1949 - PEOPLE OF THE PHIL. v. killing, because "Sgt. Macasaquet told me which I preferred to reenact the crime or to

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VICENTE TUMANDAO lose my life. Being a family man because of the threat upon my life, I enacted what I
never did." (102). The witness has been tortured by Sergeant Macasaquet and other
082 Phil 723 MPs. They gave him fist blows and clubbed him until he lost consciousness. As evidence
of the torture, the witness exhibited a black mark one centimeter long and one-half
G.R. No. L-1677 January 28, centimeter wide in one of his arms. (104). He exhibited also "a whitish scar on his right
1949 - PEOPLE OF THE PHIL. v. side about two inches long and one millimeter in width, and another scar in the middle of
CIRILO HUMARANG the stomach about one inch long and one millimeter in width, and he says that his ribs
were dislocated." "While they were torturing me they persisted in asking me if I was one
082 Phil 737 of those who killed the MPs." "When we left the camp on a truck to the place where that
picture (Exhibit H) was taken, Sgt. Macasaquet brought three shovels saying that if we
G.R. Nos. L-1642-44 January 29, were not going to do what they wanted us to do they will make us dig our graves."
1949 - PEOPLE OF THE PHIL. v. (105). The witness had to pose for the picture "because I was afraid they would kill me,
ALEJANDRO MENDIOLA, ET AL. as they said they would." (106). The witness was undressed and maltreated in the
presence of Lt. Quintans. (112).
082 Phil 740
Maximino Austria, 39 denied having taken part in the killing. (114). He attended the
G.R. No. L-2186 January 29, pabasa at about 6 o’clock in the afternoon. After one hour he was fetched by their
1949 - PEOPLE OF THE PHIL. v. daughter "because my wife was having stomach-ache." Since he arrived at his home at
JUAN BULATAO Lacmit after 7 o’clock p.m. he did not go down the whole night. (116). He ordered his
daughter to take guava leaves and boil, after which he administered enema to his wife.
082 Phil 753 He slept at about 12 because his wife was on the family way and he was afraid that she
was to give birth. (116). The witness signed Exhibit E. He was investigated by Lt.
G.R. No. L-2417 January 29, Quintans. (117). The answer attributed to him that he was with those who took part in
1949 - DALMACIO CELINO v. the killing was not given by him. (119). "They insisted that I admit that these people,
ALEJANDRO BAUTISTA whose names were in a list, were with me on that night but because I did not want to
admit the fact, Sgt. Macasaquet hit me on the head and I fell as a result thereof." It is
082 Phil 756 not true as appears in Exhibit E that he admitted he had been provided with firearms.
(120). The statement attributed to him in the exhibit as to his participation in the killing
G.R. No. L-1805 January 31, was not given by him. Regarding the signing of Exhibit E, "I asked that the document be
1949 - PEOPLE OF THE PHIL. v. read to me in order that I would be informed of its contents, but Sgt. Macasaquet picked
BENJAMIN ALBANO a hammer and hit me on the head and I fell unconscious, perhaps for about two
minutes. When I regained consciousness they manacled me and I just signed it without
082 Phil 767 knowing what I did." The witness does not know how to speak and write English. He
never studied English. (126). It was Sgt. Macasaquet who ordered the witness to pose
G.R. No. L-2007 January 31, for the picture Exhibit F. "They brought us from their camp on a truck at about 10 o’clock
1949 - WILLIAM CHIONGBIAN v. to that spot with three shovels." (127). "They told us they would kill us in case we will
ALFREDO DE LEON, ET AL. not do it and the purpose of the three shovels was to make us dig our own graves."
(128). In connection with this case "I was not arrested, but I surrendered." (131). "The
082 Phil 771 MPs came to my house in San Isidro on a Sunday looking for me but I was out fishing
and when I came back my wife informed me, so I sent for my wife’s nephew in Mexico
G.R. No. L-2676 January 31, and asked him to accompany me to the MP of Mexico." (132). "I was brought to Arayat
1949 - LI KIM THO v. GO SIU KAO, on a Tuesday, we reached there about 2 o’clock where they immediately stripped me of
ET AL. my clothes and they began maltreating me." "Sgt. Macasaquet insisted that I admit
participation of that act." (133). When the witness was brought to the fiscal’s office.
082 Phil 776 Orsino "did not point to me. they asked him then if he knew me and he said that he did
not." "Before the investigation I was maltreated for two days and one night and I was
R-CA-No. 9871 January 31, 1949 also maltreated during the investigation, because I refused to admit what was written on
- ANTONIO AUSTRIA v. JOSE E. that paper. They gave me fist blows, trampled upon my fist." (134). It is not true that he
LAUREL, ET AL. saw Eusebio Perez on April 20, 1946, and that he stated to him that he wanted to hide.
(135).
082 Phil 780
Considering the whole of the evidence on record, we cannot but entertain serious doubt
as to appellant’s guilt.

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The testimony of Orsino would incriminate only Severino Austria. (56). But there is
serious doubt as to whether he was really able to identify his assailant to be Severino
Austria. According to him, the assailant was wearing a buri hat, and according to several
witnesses, the night was dark. Under the circumstances, it was naturally very difficult for
him to identify his assailant. As a matter of fact, when Orsino was confronted by Austria
in the fiscal’s office, he was not able to identify Austria. The testimony of Austria on this
matter, brought up when he was cross-examined by the fiscal, appears uncontradicted
and unchallenged. The prosecution did not even call Orsino to belie the testimony of
Austria.

The testimonies of Fidel Martinez and Segundino S. Quintans as to the supposed oral
admission of Vicente Gatchalian and the written statement Exhibit E signed by Severino
Austria, are completely valueless because of the uncontradicted testimonies of the two
appellants to the effect that they were maltreated, tortured and threatened to be killed.
To make the intimidation more effective, three shovels were supplied at hand for the
digging of the graves intended for the appellants. Neither Martinez nor Quintans ever
dared to testify again to rebut the declarations, of Gatchalian and Austria as to the
intimidation and third degree to which they had been subjected and in relation with
which they had shown visible and tangible marks on their bodies, such as the black spots
and scars which they exhibited at the trial. Sgt. Macasaquet was singled out by
appellants as one of those who inflicted the maltreatments and torture, and yet the
prosecution dared not to call Sgt. Macasaquet to the witness stand to deny the
declarations of the two appellants.

Orsino testified that the shooting took place in front of the place where the pabasa was
being held and in the presence of many people. Not one of those many who had
witnessed the shooting was called by the prosecution to testify as to who did the
shooting and how it took place, with the single exception of Orsino. The failure to
present such eye-witnesses has greatly weakened the very doubtful testimony of Orsino
as to his having allegedly identified his assailant.

As regards Maximino Austria, there appears on record his uncontradicted testimony that
he was not arrested, but had surrendered himself upon learning that he was being
sought by the MPs. Such conduct cannot be expected from one with guilty conscience,
but from a person who has nothing to be afraid of.

Appellants’ guilt not having been proved beyond all reasonable doubt, they entitled to
acquittal. We vote for their immediate release from confinement.

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