G.R. No. L-12887; February 15, 1918
THE UNITED STATES, plaintiff-appellee, vs. PANTALEON ABANZADO, ET AL., defendants; PANTALEON ABANZADO, FAUSTINO PURACAN, ANIANO ABANZADO, MACARIO ABANZADO, CARMELO MEJOY, EUTIQUIO PURACAN, SANTIAGO BAAY and JUAN ABANZADO, appellants.

FACTS:
In November 1911, in Hinlayagan, Talibon, Bohol, appellants Pantaleon Abanzado, Faustino Puracan, Aniano Abanzado, Macario Abanzado, Carmelo Mejoy, Eutiquio Puracan, and Santiago Baay killed Sixto Lota, his wife, and their three small children. The appellants believed Lota was a “bad man” or wizard who possessed a “barang,” a deadly insect used to harm others. Pantaleon Abanzado, the mastermind, paid the others small sums and directed the plan, though he was not present during the killings. The group tied the victims and dragged them to a stream, where they were buried; one child was drowned along the way. The crime remained undiscovered until an investigation by Provincial Governor Eutiquio Boyles years later, which led to confessions and the discovery of the victims’ skeletons. Two accomplices were discharged to testify as state witnesses. The trial court convicted all appellants, imposing the death penalty except for Juan Abanzado, who was convicted as an accessory after the fact for helping rebury the bodies.

ISSUE:
1. Whether the trial court erred in admitting the extrajudicial confessions and the testimony of the discharged accomplices.
2. Whether Juan Abanzado should be held criminally liable as an accessory after the fact.
3. Whether the penalty of death should be reduced due to the appellants’ ignorance and superstition.

RULING:

2. On Juan Abanzado’s liability: The Court reversed his conviction as an accessory after the fact. Under Article 16 of the Penal Code, relatives within certain degrees are exempt from liability as accessories. Juan Abanzado, being a brother and uncle of some appellants and a cousin of Lota’s wife, fell within this exemption and was acquitted.
3. On the penalty: The Court modified the penalty for the remaining appellants (Faustino Puracan, Aniano Abanzado, Macario Abanzado, Carmelo Mejoy, Eutiquio Puracan, and Santiago Baay) from death to life imprisonment. Applying Article 11 of the Penal Code, as amended, the Court considered their extreme ignorance and deep-rooted superstitionthey genuinely believed the victims were witches threatening the communityas mitigating circumstances. Pantaleon Abanzado’s case was dismissed due to his death pending appeal.

DISPOSITIVE PORTION:
The judgment was affirmed with modification: the six appellants were sentenced to life imprisonment with accessory penalties. Juan Abanzado was acquitted and ordered released. Costs were proportionately allocated.

This is AI (Gemini and Deepseek) Generated. Please Double Check. Powered by Armztrong.