US vs.

Caballeros
G.R. 1352 Mar 29, 1905

March 29, 1905

G.R. No. 1352

THE UNITED STATES, complainant-appelle,
vs.
APOLONIO CABALLEROS, ET AL., defendants-appellants.

I. PRINCIPAL PARTIES

A. United States – complainant

- Representing the four American school teachers who were murdered/ assassinated
in Cebu

B. Apolonio Caballeros and Roberto Baculi - defendants

- Convicted by CFI-Cebu as accessories to the crime of assassination, by taking part in
the burial of the corpses in order to conceal the crime

II. PRIOR PROCEEDINGS

A. Court of First Instance of Cebu

- Convicted the defendants to the penalty of seven years of imprisonment (presidio
mayor) as accessories to the crime of assassination or murder
B. Supreme Court
- Petition for review and reconsideration of the decision of CFI

III. FACTS

Four American teachers were murdered by a band of persons (not named). Baculi and
Caballeros(defendant) were charged as accessories to the crime including failure to
report to the authorities the perpetration of the crime. The defendants alleged that they
were forced. Baculi confessed and was affirmed by the eyewitness that he buried the
corpses because he was forced by the band by striking him with the butts of their guns,
but he was not present when the Americans were killed. Caballeros also confessed to the
crime due to a promise that nothing shall be done to them.

IV. ISSUE

1. Whether or not the accused are liable as accessories to the crime

V. RULING
No. The Penal Code exempts from liability any person who performs the act by reason
of irresistible force (par 9,Art.8); in this case Baculi acted under such circumstances.

Testimonies from witnesses that Caballeros was not present in the crime and that his
confession was due to a promise that nothing shall be done to them proved that he did
not take part in any way in the execution of the crime. Confessions which do not appear
to have been made freely and voluntarily , without force, intimidation, or promise of
pardon, can not be accepted as a proof on trial (Sec. 4, Art No. 619 of the Phil.
Commission)

Failure to report to the authorities the perpetration of the crime is not punished by the
Penal Code and therefore cannot render the defendants criminally liable.

FALLO: Judgment appealed from is reversed , defendants are acquitted.