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- air. While in that position Bernabe was cudgeled by Saladino,
BARTOLO SALADINO and ANASTACIA ALEJO, with the woodenclub, on the sides, armpits, stomach, hips and
Defendants-Appellants. back. It was at this juncture that policeman Plan interceded for
Present:Paras, C.J., Feria, Pablo, Bengzon, Tuason, the victim saying, Stop now corporal. Better bring him to your
Montemayor, Jugo, & Baustista Angelo, JJ. headquarters and there you will investigate him”. But Saladino
ignored plea, and resumed the maltreatment, loudly predicting
Bartolo Saladino and Anastacio Alejo have appealed from two that Bernabe would confess before noon. After Bernabe
decisions of the court of first instance of Ilocos Norte convicting had remained suspended for five minutes, Saladino untied him,
them of the murder of Luis Bernabe. Accused in one made him sit on a chair and urged him toacknowledge his
information, they asked, and were granted, separate trials. But offense. As Bernabe persisted in his refusal, Saladino kicked the
with their consent, the prosecution presented its evidence against chair andBernabe fell on the floor, even as Saladino pouncing on
both at the same time. Bartolo Saladino submitted his defense his captive booted him several times until the latter
first. Judge Manuel F. Barcelona found him guilty and sentenced lay motionless on the floor. “It seems he is dead,” Policeman
him to reclusion perpetua, with the accessories, and to indemnify Oaman exclaimed.
the heirs of the deceased in the sum of P6000, without subsidiary
imprisonment, and to pay one half of the costs. Thereafter Saladino replied “No, he is only feigning death” and presently
Anastacio Alejo presented his witnesses. Rebuttal and sub- stepped on Bernabe’s throat and chest. Then Saladino let
rebuttal testimony followed. Judge Antonio Belmonte, convicted him alone for fifteen minutes, during which time Bernabe
and sentenced him to reclusion perpetua with the accessories, did not stirnor breathe. An old man approaching Bernabe and
and to indemnify the heirs of the deceased in the amount of taking his pulse said that the man was dead.Suddenly realizing
P3000 with subsidiary imprisonment and to pay on half of the his predicament, Saladino ordered two civilians to carry Bernabe
costs. In this appeal, the appellants submitted, by their respective down and told Alejo: “shoot him now and we will say that he ran
counsel, two briefs, which the Solicitor-General answered in away”. Complying with the corporal’s order Alejo shot Bernabe
one. four times with his carbine, after the latter had been laid down
flat on   his stomach about thirty meters away from
The evidence for the prosecution consisted of documentary the house. Three days afterwards Bernabe wasintered.Saladino
evidence and the testimony of five witnesses: Januaria Corpus, lost no time preparing his defense. On that same day, June 24,
Dr. Juan Pedro Blanco, Melchor Quevedo, Wilfredo Oaman and he swore beforethe assistant fiscal an affidavit stating that, while
Jesus Menor.These related in substance the following facts and he was conversing with Pasion inside thehouse, Luis Bernabe
circumstances:In the night of June 23, 1948 Corporal Bartolo was downstairs under the vigilance of Anastacio Alejo; that four
Saladino and Private Anastacia Alejo of the Philippine shots weresuddenly heard; and that Alejo, it turned out, had fired
Constabulary were resting in the house of Celso Abucay in at Bernabe because the latter hadattempted to escape.We also
Paoay, Ilocos Norte, together with policemen Melchor Quevedo, wrote a joint affidavit of the three policemen corroborating his
Wilfredo Osman and George Plan of that municipality. They had own version of the affair. He requested the said officers to sign,
gone on patrol duty to the barrio for the purpose of apprehending and they had not the courage to decline.However a few days
thosewho on a previous night had fired upon the dwelling. About afterwards the fiscal quizzed Quevedo, and this man gave a
midnight they were suddenly awakened by cries for help. They different story: one that subsequently accorded with the account
went down and were approached by one Felix Pasion who given by the People’s witnesses during the trial.On the witness
reported he had been robbed, one of the robbers being stand, Bartolo Saladino stuck to his version, which was
Luis Bernabe. The next morning, Saladino and Alejo, corroborated byFelix Pasion, the man who having charged Luis
accompanied by the policemen proceeded to the house of Luis Bernabe, was indirectly the cause of the outrage, and who was
Bernabe in Barrio Samac of San Nicolas same province. Having understandably interested in Saladino’s exoneration. However
found the suspect, they brought him, for questioning, to the it was rejected bythe trial judge, correctly we believe, because it
residence of Felix Pasion in Barrio Singao same municipality. It was contradicted (1) by the three policemen whohad no reason
was about ten in the morning. As Pasion reiterated his to falsify (2) by the nature and direction of the wounds described
imputation, Saladino led Bernabe up the house for further by the doctorwho saw them, wounds which could not have been
investigation. He was followed by Anastacio Alejo and inflicted while Bernabe was running awayand (3) by the
the policemen. Bernabe denied the charge. To extract discovery of one of the bullets embedded in the ground
a confession, Saladino repeatedly boxed and kicked him underneath the corpse of Luis Bernabe. There is no doubt in our
in different partsof the body. Bernabe continued denying his minds that this man is guilty of having cruelly torturedand
guilt. Saladino got a piece of wood, two inched thick and one treacherously caused the death of Luis Bernabe.On the other
yard long, and clubbed him several times on the chest, abdomen hand Anastacio Alejo admitted having whipped and shot Luis
and the back. Then he called on Alejo to take his turn. Alejo Bernabe uponorders of Saladino, who allegedly backed his
reluctantly whipped Bernabe four times with thebranch of a tree, command to shoot by pointing his pistol at Alejo.His attorneys
and then retired to the kitchen. Saladino again questioned his also insist that Luis Bernabe was already dead when Alejo fired
prisoner and as the latter would not admit his culpability, he at the corpse.Of course obedience to the order of a superior
repeated the severe beating, and tying Bernabe’s wrists together official is not an excuse where the orderwas not for a lawful
with a rubber strap, made him stand on a chair, tied the strap to a purpose. (People v. Bañaga 54 Phil. 247; People v. Moreno 43
beam in theceiling and then pushed the chair from under
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