G. R. No.
L-3634 Promulgated: May 30, 1951 Bernabe with the result that the latter was left hanging in the
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,-versus-
BARTOLO SALADINO and ANASTACIA ALEJO,
Defendants-Appellants.
Present:Paras, C.J., Feria, Pablo, Bengzon, Tuason,
Montemayor, Jugo, & Baustista Angelo, JJ.
Bartolo Saladino and Anastacio Alejo have appealed from two
decisions of the court of first instance of Ilocos Norte convicting
them of the murder of Luis Bernabe. Accused in one
information, they asked, and were granted, separate trials. But
with their consent, the prosecution presented its evidence against
both at the same time. Bartolo Saladino submitted his defense
first. Judge Manuel F. Barcelona found him guilty and sentenced
him to reclusion perpetua, with the accessories, and to indemnify
the heirs of the deceased in the sum of P6000, without subsidiary
imprisonment, and to pay one half of the costs. Thereafter
Anastacio Alejo presented his witnesses. Rebuttal and sub-
rebuttal testimony followed. Judge Antonio Belmonte, convicted
and sentenced him to reclusion perpetua with the accessories,
and to indemnify the heirs of the deceased in the amount of
P3000 with subsidiary imprisonment and to pay on half of the
costs. In this appeal, the appellants submitted, by their respective
counsel, two briefs, which the Solicitor-General answered in
one.
The evidence for the prosecution consisted of documentary
evidence and the testimony of five witnesses: Januaria Corpus,
Dr. Juan Pedro Blanco, Melchor Quevedo, Wilfredo Oaman and
Jesus Menor.These related in substance the following facts and
circumstances:In the night of June 23, 1948 Corporal Bartolo
Saladino and Private Anastacia Alejo of the Philippine
Constabulary were resting in the house of Celso Abucay in
Paoay, Ilocos Norte, together with policemen Melchor Quevedo,
Wilfredo Osman and George Plan of that municipality. They had
gone on patrol duty to the barrio for the purpose of apprehending
thosewho on a previous night had fired upon the dwelling. About
midnight they were suddenly awakened by cries for help. They
went down and were approached by one Felix Pasion who
reported he had been robbed, one of the robbers being
Luis Bernabe. The next morning, Saladino and Alejo,
accompanied by the policemen proceeded to the house of Luis
Bernabe in Barrio Samac of San Nicolas same province. Having
found the suspect, they brought him, for questioning, to the
residence of Felix Pasion in Barrio Singao same municipality. It
was about ten in the morning. As Pasion reiterated his
imputation, Saladino led Bernabe up the house for further
investigation. He was followed by Anastacio Alejo and
the policemen. Bernabe denied the charge. To extract
a confession, Saladino repeatedly boxed and kicked him
in different partsof the body. Bernabe continued denying his
guilt. Saladino got a piece of wood, two inched thick and one
yard long, and clubbed him several times on the chest, abdomen
and the back. Then he called on Alejo to take his turn. Alejo
reluctantly whipped Bernabe four times with thebranch of a tree,
and then retired to the kitchen. Saladino again questioned his
prisoner and as the latter would not admit his culpability, he
repeated the severe beating, and tying Bernabe’s wrists together
with a rubber strap, made him stand on a chair, tied the strap to a
beam in theceiling and then pushed the chair from under
air. While in that position Bernabe was cudgeled by Saladino,
with the woodenclub, on the sides, armpits, stomach, hips and
back. It was at this juncture that policeman Plan interceded for
the victim saying, Stop now corporal. Better bring him to your
headquarters and there you will investigate him”. But Saladino
ignored plea, and resumed the maltreatment, loudly predicting
that Bernabe would confess before noon. After Bernabe
had remained suspended for five minutes, Saladino untied him,
made him sit on a chair and urged him toacknowledge his
offense. As Bernabe persisted in his refusal, Saladino kicked the
chair andBernabe fell on the floor, even as Saladino pouncing on
his captive booted him several times until the latter
lay motionless on the floor. “It seems he is dead,” Policeman
Oaman exclaimed.
Saladino replied “No, he is only feigning death” and presently
stepped on Bernabe’s throat and chest. Then Saladino let
him alone for fifteen minutes, during which time Bernabe
did not stirnor breathe. An old man approaching Bernabe and
taking his pulse said that the man was dead.Suddenly realizing
his predicament, Saladino ordered two civilians to carry Bernabe
down and told Alejo: “shoot him now and we will say that he ran
away”. Complying with the corporal’s order Alejo shot Bernabe
four times with his carbine, after the latter had been laid down
flat on   his stomach about thirty meters away from
the house. Three days afterwards Bernabe wasintered.Saladino
lost no time preparing his defense. On that same day, June 24,
he swore beforethe assistant fiscal an affidavit stating that, while
he was conversing with Pasion inside thehouse, Luis Bernabe
was downstairs under the vigilance of Anastacio Alejo; that four
shots weresuddenly heard; and that Alejo, it turned out, had fired
at Bernabe because the latter hadattempted to escape.We also
wrote a joint affidavit of the three policemen corroborating his
own version of the affair. He requested the said officers to sign,
and they had not the courage to decline.However a few days
afterwards the fiscal quizzed Quevedo, and this man gave a
different story: one that subsequently accorded with the account
given by the People’s witnesses during the trial.On the witness
stand, Bartolo Saladino stuck to his version, which was
corroborated byFelix Pasion, the man who having charged Luis
Bernabe, was indirectly the cause of the outrage, and who was
understandably interested in Saladino’s exoneration. However
it was rejected bythe trial judge, correctly we believe, because it
was contradicted (1) by the three policemen whohad no reason
to falsify (2) by the nature and direction of the wounds described
by the doctorwho saw them, wounds which could not have been
inflicted while Bernabe was running awayand (3) by the
discovery of one of the bullets embedded in the ground
underneath the corpse of Luis Bernabe. There is no doubt in our
minds that this man is guilty of having cruelly torturedand
treacherously caused the death of Luis Bernabe.On the other
hand Anastacio Alejo admitted having whipped and shot Luis
Bernabe uponorders of Saladino, who allegedly backed his
command to shoot by pointing his pistol at Alejo.His attorneys
also insist that Luis Bernabe was already dead when Alejo fired
at the corpse.Of course obedience to the order of a superior
official is not an excuse where the orderwas not for a lawful
purpose. (People v. Bañaga 54 Phil. 247; People v. Moreno 43
Of. Gaz.4644)Like the trial judge, we do not believe Alejo fired armed and that it was necessary to kill him on account of his
the shots at the point of Saladino ’s gun. resistance to the constabulary man, who, to lend color to such
pretended resistance, discharged their firearms into the air, under
We believe the shooting occurred in the manner described by the the direction of Cuison, at the place there where the corpse was
prosecution witnesses. lying; and also consists in his having tried to find a dagger to
place beside the deceased. Such acts must be characterized as
Yet the matter of Bernabe’s moment of death is of grave concealment, and since they are not only wrong but also
doubt. Two eye -witnesses whodeclared for the prosecution, unlawful, the defendant is not exempt from liability, even though
namely, policemen Quevedo and Oaman repeatedly stated on he acted in obedience to a command from his superior, because
thewitness stand that after the maltreatment, and before Bernabe such command was illegal and in conflict with law and
was carried downstairs to be shot,he had already justice. Therefore it can not be alleged that obedience was due,
expired. Policeman Jorge Plan, another eye- witness confirming or that it exempts the defendant from criminal liability.”
Alejo’s testimony declared that when Bernabe lay flat on the
floor and did not stir, an old man felt hispulse and pronounced As accessory after the fact, Alejo is liable to a penalty lower by
him dead.  two degrees than that prescribedby law for the consummated
felony of murder, namely, prision correctional in its maximum
The medical expert, on the contrary, asserted that death was due period to prision mayor in its medium period. (Art. 53 in
to the loss of bloodoccasioned by the three shots that pierced the connection with Art. 248 of theRevised Penal Code.)Therefore,
body of Bernabe. Alejo’s attorney-de-officio made a thorough inasmuch as the penalty imposed on appellant Saladino accords
analysis of such testimony, pointing out that the medical with the law,the judgment against him is affirmed, with costs.As
examination was superficial, because it took place a few to appellant Alejo the appealed decision is revoked and one will
moments before the burial when the body was already in a be entered sentencinghim to imprisonment for not less than 3
“moderately advance state of decomposition”, and that the years of prision correctional nor more than six years andtwo
conclusion derived by said expertfrom the amount of blood in months, of prision mayor; and in case of insolvency of Saladino
the garments worn by the corpse which he examined were not to indemnify the heirs of thedeceased in the sum of P6000
thoseworn at the time of the shooting; second because the without subsidiary imprisonment in case of his own inability
cadaver had been embalmed and the stainson the clothing might topay. No costs against this appellant. So ordered.(SGD)
have been produced by the embalming fluid that oozed out; and CESAR BENGZON
thirdbecause in post-mortem wounds blood comes out too
from the blood vessels. (Angeles, LegalMedicine Sec. 105) All
of which raise, at least, a doubt that Bernabe, was already dead
whenshot. Such doubt must be resolved in favor of appellant
Alejo.From the foregoing it is plain that Bernabe having died as
a consequence of the violentmauling by Saladino, the latter
must be declared guilty of assassination. Anastacio Alejo
doesnot appear to have conspired with him, and is not liable
either as principal or as accomplice of the murder. But he is
guilty as accessory after the fact for having performed acts
tending toconceal Saladino ’s crime by making it appear that
Ber  nabe had run away.U.S. v. Cuison 20 Phil. 433 is a relevant
example. Facundo Balangac was shot frombehind by Private
Valentin Fortuna in the cemetery of Barili, Cebu.

“Some hours afterwards, the defendant Cuison with several

constabulary privates, among them Valentin Fortuna, went
byorder of Lieutenant Poggi to the place where the body of the
deceased lay, and commanded thesoldiers to spread out in
skirmish like and discharge their firearms into the air; then
thedefendant, with the private Fortunam, went to the house of
Epimaco Sosa to ask him for a daggerto place beside the body of
a man whom they had shot, thereby to give the appearance that
thedeceased had been carrying a dagger.”

 This court declared the defendant Cuison guilty of accessory

after the fact saying:

“But we do find criminal liability in the acts performed by

Corporal Cuison, even though he obeyed orders from his
Lieutenant, Poggi; such liability consists in his having
intervened subsequently to the commission of the crime, by
furnishing the means to make it appear that the deceased was