G.R. No. 26335, March 3, 1927
People of the Philippine Islands vs. Vicente Bande, Eugenio Cartagenas, and Jesus Oquias

FACTS

The appellants were convicted by the Court of First Instance of Leyte for the double murder of spouses Tan Yuking and Soy Ing. The information alleged that on January 25, 1926, in Ormoc, Leyte, the accused, conspiring and acting with treachery and evident premeditation, attacked the spouses while they slept in their home. The accused Vicente Bande was a merchant, while Eugenio Cartagenas and Jesus Oquias were servants of the deceased. They allegedly broke into the house, assaulted the victims with a bolo, pestle, and sickle, resulting in their deaths days later. The trial court found the accused guilty as principals by direct participation, with the motive being robbery. The court imposed the death penalty on Bande and Cartagenas and a lesser penalty on the minor Oquias. The case was elevated to the Supreme Court for automatic review.

ISSUE

1. Whether the trial court erred in giving credence to the testimony of witness Teodora Iwan and in considering Exhibit J (the sworn statement of Jesus Oquias).
2. Whether the evidence is sufficient to prove the guilt of the accused beyond reasonable doubt.
3. Whether the imposition of the death penalty by the trial court was proper.

RULING

The Supreme Court AFFIRMED the conviction but MODIFIED the penalties.

1. On the Credibility of Witness Teodora Iwan and Exhibit J: The Court found no error in the trial court’s assessment of Teodora Iwan’s testimony. While there were some inconsistencies, her testimony, in the main, supported the prosecution’s case. Regarding Exhibit J (the sworn statement of Jesus Oquias), the Court held that it was admissible only against the declarant (Oquias) and not against his co-accused, in accordance with established jurisprudence. However, this error was deemed harmless because even without Exhibit J, there was sufficient evidence to convict Bande and Cartagenas beyond reasonable doubt.

2. On the Sufficiency of Evidence: The Court found the evidence sufficient. The ante mortem declarations of the victims (Exhibits A and C) were crucial. Soy Ing, when questioned by the justice of the peace, positively identified all three accused as her assailants. Tan Yuking, after some hesitation, also identified Vicente Bande. These dying declarations, corroborated by other evidence, established the appellants’ guilt.

3. On the Penalty: The Court noted that under Act No. 2726, as amended, the death penalty required a unanimous vote of the Supreme Court justices. In this case, the vote was not unanimous for the death penalty. Consequently, the Court modified the penalty for Vicente Bande and Eugenio Cartagenas to life imprisonment for each crime (not to exceed 40 years). The penalty for the minor Jesus Oquias was affirmed.

DISPOSITIVE PORTION:
The judgment of the trial court was modified. Accused Vicente Bande and Eugenio Cartagenas were each sentenced to life imprisonment for each crime of murder. The judgment as to accused Jesus Oquias was affirmed. Costs were to be paid proportionately by the accused.

SEPARATE OPINION:
Justice Romualdez dissented, arguing that there was insufficient proof of robbery and direct evidence of the assault. He believed the accused should be acquitted on grounds of reasonable doubt.