Case: People v. Saladino, L-3634, 30 May 1951, 89 Phil.

807 Topic: Impossible

Crimes (Art 4, Par 2, RPC) Petitioner: People of the Philippines Respondent: Bartolo
Saladino and Anastacia Alejo Facts 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 those who 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 parts of
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 the branch 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 the ceiling and then pushed the chair from under
Bernabe with the result that the latter was left hanging in the air. While in that position
Bernabe was cudgeled by Saladino, with the wooden club, 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 to acknowledge his offense. As Bernabe persisted in
his refusal, Saladino kicked the chair and Bernabe 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 stir nor
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 was
intered.

Issue Whether or not the accused shall incur criminal liability?

Held Yes. Bartolo Saladino and Anastacia Alejo shall incur criminal liability. From the
foregoing it is plain that Bernabe having died as a consequence of the violent mauling
by Saladino, the latter must be declared guilty of assassination.

Anastacio Alejo does not 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 to conceal
Saladino’s crime by making it appear that Bernabe had run away. U.S. v. Cuison 20
Phil. 433 is a relevant example. Facundo Balangac was shot from behind 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 by order
of Lieutenant Poggi to the place where the body of the deceased lay, and commanded
the soldiers to spread out in skirmish like and discharge their firearms into the air; then
the defendant, with the private Fortunam, went to the house of Epimaco Sosa to ask
him for a dagger to place beside the body of a man whom they had shot, thereby to give
the appearance that the deceased 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, eventhough 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 armed and that it was necessary to kill him on account of his resistance to the
constabulary man, who, to lend color to such pretended resistance, discharged their
firearms into the air, under the direction of Cuison, at the place there where the corpse
was lying; and also consists in his having tried to find a dagger to place beside the
deceased. Such acts must be characterized as concealment, and since they are not
only wrong but also unlawful, the defendant is not exempt from liability, even though he
acted in obedience to a command from his superior, because such command was
illegal and in conflict with law and justice. Therefore it can not be alleged that obedience
was due, or that it exempts the defendant from criminal liability.”
Ruling Therefore, inasmuch as the penalty imposed on appellant Saladino accords with
the law, the judgment against him is affirmed, with costs. As to appellant Alejo the
appealed decision is revoked and one will be entered sentencing him to imprisonment
for not less than 3 years of prision correctional nor more than six years and two months,
of prision mayor; and in case of insolvency of Saladino to indemnify the heirs of the
deceased in the sum of P6000 without subsidiary imprisonment in case of his own
inability to pay. No costs against this appellant. So ordered.