FIRST
DIVISION
THE
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
G.
R.
No. L-905
March
9, 1949
-versus-
ELADIO
PACATANG,
Defendant-Appellant.
D
E C I S I
O N
PERFECTO,
J :
With the testimonies of
Valeriana Magallanes, Bernardo Dumoloan, Meliton Bongay and Simeon
Lorono,
the prosecution has proved that on February 10, 1945, while walking
together
in Barrio Libaong, Panglao, Bohol, Valeriana Magallanes and Lorenzo
Baranda
were stopped by appellant and another Filipino, both armed, to inquire
for the house of the barrio lieutenant. Lorenzo, after telling that it
was not far from the place, asked appellant if he was a member of the
Nunag
Guerrilla. Incensed at Lorenzo, appellant boxed him, and continued with
his companion punishing Lorenzo until the latter fell to the ground.
Because
Lorenzo did not admit that he was a guerrilla, Pacatang took him to a
nanca
tree and hanged him there and continued torturing him until blood
flowed
from his mouth. Later, Lorenzo was dragged by appellant and some
Japanese
soldiers to the woods where a shot was heard. Lorenzo was later found
dead
in the place.
With the declaration
of Balbina Tindoy, Tomas Tenteng, Abundio Dangoy, and Bernardo Bugas
the
prosecution proved that Balbina Tindoy, her minor son Abundio Dangoy,
and
Tomas Tenteng were arrested by a Japanese patrol on April 5, 1944, and
taken to a coconut grove in barrio Candapog, Baclayon, Bohol where they
were met by appellant and Japanese soldiers. A Japanese soldier came
with
Teofilo Dangoy, Felipe Dangoy and Dodo Erano. Appellant investigated
Teofilo
and Felipe Dangoy, accusing them of being guerrillas. They denied the
accusation,
and appellant delivered them to the Japanese exclaiming the fact that
then
the life of a person had very little value. The Japanese tied together
Dodo Erano, Teofilo Dangoy and Felipe Dangoy and brought them to a
nearby
valley. The Japanese returned without their victims and cleaning their
sabers which were stained with blood. Afterwards, the remains of the
three
persons were found with several wounds.
The prosecution also
proved with the declaration of Saturnino Cagadas and Generoso Tagud
that
a Japanese patrol led by appellant came on July 10, 1944, to the house
of Generoso Tagud and questioned him and Saturnino Cagadas for the
whereabouts
of the radio transmitter of the guerrillas. They professed ignorance
about
the matter and appellant and a soldier companion Balite, tortured them.
While working in barrio
Catarman, Bawis, Bohol, Irenea Adoptar, Emiliana Adoptar, and Celerino
Miculob were ordered by appellant to follow him to the provincial road
where they were met by nine Japanese soldiers. Pacatang ordered them to
tell him where the guerrillas were and when they could not give
satisfactory
answer, they were severely punished by the accused and by the Japanese
soldiers. These facts were proved by the testimonies of Aristona
Miculob
and Facundo Romorosa.
With the declaration
of Victoria de Rama, Raymundo Cervas and Eleuterio Ongcog, the
prosecution
proved that on January 6, 1945, a group of Japanese soldiers led by
appellant,
went to sitio Puculan, Dawis, Bohol, and arrested Victoria de Rama, and
her son Raymundo Cervas, Eleuterio Ongcog and brought them to the
Kempetai
in Tagbilaran. The following day appellant questioned them and tortured
Raymundo for denying his connection with the guerrillas. Victoria and
Eleuterio
were released but nothing has been heard again of Raymundo.
Testifying as a lone
witness in his behalf, appellant denied the charges against him, but
his
denials appear to be unmeritorious and the trial court rightly rejected
them. Counsel for appellant accepts the findings of fact of the lower
court
and he raises only this appeal to the main question as to the penalty
that
should be imposed on appellant.
Finding appellant
guilty
of the crime of treason, the People's Court sentenced him to death, to
pay a fine of P20,000, to indemnify the heirs of Lorenzo Baranda,
Teofilo
Dangoy, Felipe Dangoy, and Dodo Erano in the amount of P2,000, and to
pay
the costs.
Counsel contends that
the appealed judgment should be modified by sentencing appellant to
reclusion
perpetua instead of death, which is the penalty imposed by a Division
of
Three of the People's Court, one of them dissenting against said
penalty.
Unnecessary cruelty
and superior force were considered by the trial court as aggravating
circumstances
to sentence appellant to death. While the majority of the Supreme Court
are of opinion that said aggravating circumstances should be considered
against appellant, there are members that opined that they are among
the
elements of the treasons committed under the Japanese regime, as shown
in many other cases already considered and decided by this Court. In
resorting
to superior force and cruelty, the adherents to the enemy had just
followed
the example of the Japanese.
Insufficient votes
having been cast to affirm the death sentence, the appealed judgment is
modified and, accordingly, appellant is sentenced to suffer reclusion
perpetua,
to pay a fine of P20,000 and to pay to the heirs of Lorenzo Baranda,
Teofilo
Dangoy, Felipe Dangoy, and Dodo Erano an indemnity at the rate of
P6,000
for each deceased and to pay the costs.
Moran, C.J.,
Paras, Feria, Pablo, Bengzon, Briones, Montemayor and Reyes, JJ.,
concur.
Separate
Opinion
TUASON,
J.,
Concurring
and Dissenting:
Unnecessary
cruelty is
an aggravating circumstance but superior force is not. The homicides or
murders themselves, regardless of the manner in which they were
perpetrated,
may and should in this case be taken to aggravate the penalty. With
this
observation, I vote for the affirmance of the appealed sentence. |