G.R. No. 89112 August 3, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANDRES LIWAG y MORALES and MARIO L. BOLAÑOS, accused, MARIO L. BOLAÑOS, accused-appellant.

FACTS

On September 9, 1979, inside the Margate Building in Iriga City, prosecution witnesses Emilio Cerillo and Domingo Hallare saw accused-appellant Mario Bolaños hand a gun to accused Andres Liwag. Moments later, gunshots were heard. Cerillo saw Liwag shooting the victim, Ely A. Lee. Liwag then went up the stairs of the building. The victim’s wife, Purita Margate Lee, rushed to the scene and heard her dying husband utter “Si Mario.” The police cordoned the building. Appellant initially denied the gunman was inside but later negotiated and Liwag surrendered. Liwag was detained based on witness statements. The police searched appellant’s residence the next day with a warrant and found a .22 caliber Arminius revolver, licensed to appellant, hidden behind a bathroom tile. Ballistic tests confirmed the slugs from the victim’s body were fired from this gun. On September 23, 1979, Liwag executed a sworn confession (Exhibit “R”) stating that appellant ordered him to kill Lee, provided the gun, and threatened him. A re-enactment was conducted. An amended Information was filed charging Liwag as principal by direct participation and appellant as principal by inducement. The prosecution’s motive was appellant’s grudge over an unpaid P20,000 loan from the victim. The defense presented a different version, alleging the shooting resulted from a confrontation over lost empty softdrink bottles. Liwag later recanted his confession. The trial court convicted both accused of murder.

ISSUE

The appeal raised several assigned errors, primarily concerning: 1) the admissibility and probative value of Liwag’s extrajudicial confession implicating appellant; 2) the credibility of witness Emilio Cerillo’s testimony; 3) the consideration of appellant’s refusal to allow a warrantless search as circumstantial evidence; and 4) the legality of the search warrant and admissibility of the firearm obtained.

RULING

The Supreme Court affirmed the trial court’s judgment of conviction. The Court found accused Liwag guilty as principal by direct participation and appellant Bolaños guilty as principal by inducement. The crime was qualified by treachery, as the attack was sudden and unexpected. Evident premeditation was also present, established by appellant sending for Liwag, handing him the gun, and Liwag hiding in appellant’s residence after the shooting. The Court upheld the conviction based on the corroborative testimonies of prosecution witnesses, Liwag’s counselled confession, and circumstantial evidence linking appellant to the crime. The decision sentenced both to reclusion perpetua and ordered them to pay indemnity and damages.