GR L 2278; (February, 1950) (Digest)
G.R. No. L-2278; February 27, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IRENEO BONDOC (alias DICK TRACY), defendant-appellant.
FACTS
Ireneo Bondoc, along with about eleven others, conspired to kill Mayor Victor Tizon of Capas, Tarlac. On January 19, 1946, they ambushed the mayor and his police escort while en route to a community assembly. In the ensuing firefight, policemen Ricardo Quizon and Candido Dayrit were killed. Mayor Tizon and policeman Lamberto Baun positively identified Bondoc as among the ambushers, firing a carbine. Bondoc also gave a sworn statement (Exhibit A) admitting his participation and stating he acted on orders from a Hukbalahap squadron director. The defense attempted to establish an alibi through two witnesses, but their testimonies were deemed unreliable. During the appeal, Bondoc moved for dismissal based on Presidential Proclamation No. 76 (an amnesty for Hukbalahap members), claiming he had applied for registration under it.
ISSUE
1. Whether the prosecution proved Bondoc’s guilt for the double murder beyond reasonable doubt.
2. Whether Bondoc is entitled to the benefits of Amnesty Proclamation No. 76.
RULING
1. Yes. The prosecution proved Bondoc’s guilt beyond reasonable doubt. The positive identification by Mayor Tizon and policeman Baun, corroborated by Bondoc’s own extrajudicial confession, established his participation in the ambush. The defense of alibi, supported by weak and unconvincing testimonies, cannot prevail over such positive identification.
2. No. Bondoc is not entitled to amnesty. Amnesty Proclamation No. 76 required applicants to present themselves with all their firearms and ammunition to authorities within a specified period. The record fails to show Bondoc complied with this fundamental requirement. His mere application for registration, without proof of surrender of firearms, is insufficient.
The judgment of the trial court convicting Bondoc of two counts of murder and sentencing him to reclusion perpetua (with the total not exceeding 40 years under Article 70 of the Revised Penal Code) is affirmed.
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