G.R. No. 1352 : March 29, 1905
THE UNITED STATES, complainant-appellee, vs. APOLONIO CABALLEROS, ET AL., defendants-appellants.

FACTS:
The defendants, Apolonio Caballeros and Roberto Baculi, were convicted by the Court of First Instance of Cebu as accessories after the fact to the crime of murder (assassination) of four American school-teachers. They were sentenced to seven years of presidio mayor. The conviction was based on their alleged participation in the burial of the victims’ corpses to conceal the crime.

ISSUE:
Whether the defendants are criminally liable as accessories after the fact to the crime of murder.

RULING:
No. The Supreme Court reversed the judgment of conviction and acquitted both defendants.

1. As to Roberto Baculi: The evidence, including the testimony of the prosecution’s own eyewitness, established that Baculi assisted in the burial because he was compelled to do so by the armed leaders of the murderers who struck him with their guns. Acting under irresistible force is an exempting circumstance under the Penal Code (Article 8, paragraph 9). Therefore, he incurred no criminal liability.

2. As to Apolonio Caballeros: There was no proof that he participated in the burial. Testimony from both a co-defendant and a prosecution witness confirmed he was not present at the burial site. His alleged confession to a Constabulary officer was inadmissible as evidence because it was not shown to be freely and voluntarily made; it was obtained through a promise that nothing would be done to him, violating the requirements of Act No. 619.

3. As to the Failure to Report the Crime: The lower court considered the defendants’ failure to report the crime to the authorities. The Supreme Court held that such omission is not a crime punished by the Penal Code and cannot serve as a basis for criminal liability.

The Supreme Court acquitted both defendants, with costs de oficio.