GR 44356; (August, 1936) (Digest)
G.R. No. 44356 ; August 15, 1936
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellant, vs. AMBROSIO BORDADOR and PEDRO BORDADOR, defendants-appellants.
FACTS
The defendants, brothers Ambrosio and Pedro Bordador, were charged with the murder of Pedro Sinsay. The motive stemmed from a prior incident where Sinsay accused Ambrosio of stealing his sister’s carabaos. After Sinsay’s body was found with fatal wounds, an investigation led to the arrest of the defendants and Amado Villanueva. Both defendants made extrajudicial confessions (Exhibits B and C) separately, admitting their participation in killing Sinsay with the help of Villanueva, using a firearm and bolos. They each independently reenacted the crime, leading authorities to the scene where a bolo and bloodstains were found. Initially, they pleaded guilty before the justice of the peace. At trial, they recanted, claiming their confessions were coerced through maltreatment by constabulary soldiers. The trial court convicted them of murder qualified by treachery and sentenced them to cadena perpetua.
ISSUE
Whether the trial court erred in: (1) admitting the defendants’ extrajudicial confessions as evidence; (2) giving credence to the testimonies of the prosecution witnesses; and (3) convicting the defendants of murder.
RULING
The Supreme Court modified the trial court’s judgment. It held that the extrajudicial confessions were admissible and voluntary, as they were made before different officials, ratified before justices of the peace, and followed by independent reenactments. The claim of maltreatment was unsubstantiated, especially for Pedro Bordador whose confession was made before the chief of police without constabulary presence. The Court found the testimonies of the witnesses credible. However, it ruled that the qualifying circumstance of treachery was not proven because all wounds were inflicted from the front, and evident premeditation was not established by direct evidence. Thus, the crime committed was simple homicide, not murder. Applying the Indeterminate Sentence Law, the defendants were sentenced to an indeterminate penalty of 8 years of prision mayor to 14 years, 8 months, and 1 day of reclusion temporal. The award of indemnity and costs was affirmed.
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