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    US Vs Caballero

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    Gladys Bantilan
    The Supreme Court of the Philippines overturns the conviction of Apolonio Caballeros and Roberto Baculi as accessories after the fact in the murder of four American teachers. The Court finds that Baculi was compelled at gunpoint to assist in burying the bodies. For Caballeros, there is no evidence he participated in burying the bodies or was even present. His confession was made in response to a promise that nothing would happen to him and cannot be accepted as legal proof of guilt. The defendants are acquitted with costs.

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    US Vs Caballero

    Uploaded by

    Gladys Bantilan
    94 views1 page
    The Supreme Court of the Philippines overturns the conviction of Apolonio Caballeros and Roberto Baculi as accessories after the fact in the murder of four American teachers. The Court finds that Baculi was compelled at gunpoint to assist in burying the bodies. For Caballeros, there is no evidence he participated in burying the bodies or was even present. His confession was made in response to a promise that nothing would happen to him and cannot be accepted as legal proof of guilt. The defendants are acquitted with costs.

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    US vs Caballero

    Original Title

    13. US vs Caballero

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    The Supreme Court of the Philippines overturns the conviction of Apolonio Caballeros and Roberto Baculi as accessories after the fact in the murder of four American teachers. The Court finds that Baculi was compelled at gunpoint to assist in burying the bodies. For Caballeros, there is no evidence he participated in burying the bodies or was even present. His confession was made in response to a promise that nothing would happen to him and cannot be accepted as legal proof of guilt. The defendants are acquitted with costs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    94 views1 page

    US Vs Caballero

    Uploaded by

    Gladys Bantilan
    The Supreme Court of the Philippines overturns the conviction of Apolonio Caballeros and Roberto Baculi as accessories after the fact in the murder of four American teachers. The Court finds that Baculi was compelled at gunpoint to assist in burying the bodies. For Caballeros, there is no evidence he participated in burying the bodies or was even present. His confession was made in response to a promise that nothing would happen to him and cannot be accepted as legal proof of guilt. The defendants are acquitted with costs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    1352 March 29, 1905 consideration in his judgment, is not punished by the Penal Code and therefore that can not
    render the defendants criminally liable according to law.
    THE UNITED STATES, complainant-appelle,
    vs. By virtue, then, of the above considerations, and with a reversal of the judgment appealed
    APOLONIO CABALLEROS, ET AL., defendants-appellants. from, we acquit the defendants, appellants, with the costs de oficio in both instances. So
    ordered.
    Hipolito Magsalin for appellants.
    Office of the Solicitor-General Araneta for appellee.

    MAPA, J.:

    The defendants have been sentenced by the Court of First Instance of Cebu to the penalty of
    seven years of presidio mayor as accessories after the fact in the crime of assassination or
    murder perpetrated on the persons of the American school-teachers Louis A. Thomas, Clyde
    O. France, John E. Wells, and Ernest Eger, because, without having taken part in the said crime
    as principals or as accomplices, they took part in the burial of the corpses of the victims in
    order to conceal the crime.

    The evidence does not justify, in our opinion, this sentence. As regards Roberto Baculi,
    although he confessed to having assisted in the burial of the corpses, it appears that he did so
    because he was compelled to do so by the murderers of the four teachers. And not only does
    the defendant affirm this, but he is corroborated by the only eyewitness to the crime, Teodoro
    Sabate, who, by the way, is a witness for the prosecution. This witness says he was present
    when the Americans were killed; that Roberto Baculi was not a member of the group who
    killed the Americans, but the he was in a banana plantation on his property gathering some
    bananas; that when he heard the shots he began to run; that he was, however, seen by Damaso
    and Isidoro, the leaders of the band; that the latter called to him and striking him with the
    butts of their guns they forced him to bury the corpses.

    The Penal Code exempts from liability any person who performs the act by reason of
    irresistible force (par. 9, art. 8). Baculi acted, doubtless, under such circumstances when he
    executed the acts which are charged against him.

    As regards the other defendant, Apolonio Caballeros, there is no proof that he took any part in
    any way in the execution of the crime with which he has been charged; there is conclusive
    proof to the contrary, since Baculi, as well as one of the witnesses for the prosecution, Teodoro
    Sabate, expressly declare that he, Caballeros, did not take any part in the burial of the
    aforesaid corpses, nor was he even in the place of the occurrence when the burial took place.
    The confession of his supposed liability and guilt, made before an official of the division of
    information of the Constabulary, Enrique Calderon, as the latter states when testifying as a
    witness, can not be considered as legal proof, because the same witness says that Roberto
    Baculi was the only one of the defendants who made a confession to him voluntarily. It appears
    besides, from the statements of another witness for the prosecution, Meliton Covarrubias, that
    the confession of Apolonio Caballeros was made through the promise made to him and to the
    other defendants that nothing would be done to them. Confessions which do not appear to have
    been made freely and voluntarily, without force, intimidation, or promise of pardon, can not
    be accepted as proof on a trial. (Sec. 4, Act No. 619 of the Philippine Commission).

    The fact of the defendants not reporting to the authorities the perpetration of the crime, which
    seems to be one of the motives for the conviction and which the court below takes into

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