GR L 11601; (June, 1959) (Digest)
G.R. No. L-11601; June 30, 1959
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINGO SALAZAR alias DARQUEZ, defendant-appellant.
FACTS
A complaint for multiple murder, frustrated murder, and attempted murder was filed against Domingo Salazar before the Justice of the Peace court of Roxas, Palawan. After waiving preliminary investigation, the case proceeded to the Court of First Instance, where an information was filed detailing that on or about October 11, 1956, in Roxas, Palawan, the accused, with deliberate intent, evident premeditation, treachery, and using a spear and bolo, willfully attacked and killed sixteen persons (including pregnant women and minors), wounded Manuel Adion (frustrated murder), and attempted to kill Pablo Paz and Severino Adion. The information alleged aggravating circumstances. A physical and mental examination found the accused normal and sane. Appointed counsel de oficio defended him. Upon arraignment, interpreted in the local dialect, he pleaded guilty. Despite his plea, the court required the prosecution to present evidence, including the murder weapon, the accused’s confession, death certificates, affidavits, and an ante mortem declaration. Witnesses testified that the confession was voluntarily given after being translated into Tagalog. The trial court convicted him, imposing sixteen death penalties for murder, plus penalties for frustrated and attempted murder, and indemnities. The case was elevated to the Supreme Court for review. The facts, as related by the trial court, indicate the killing spree began after the accused’s common-law wife, Maxima Pacho, refused to go with him, arousing his anger and existing suspicion of her infidelity. He proceeded to kill multiple victims in several houses and attacked others, including at a school, before being persuaded to surrender.
ISSUE
The issues, as framed by the defense, are: (1) whether the accused’s plea of guilty constituted an admission of the qualifying circumstances (evident premeditation and treachery) alleged in the information; (2) whether the accused’s acts, allegedly committed as part of a Moro cult of “running amuck” or being a “juramentado,” should be considered as lesser crimes (e.g., homicide) rather than murder; and (3) consequently, whether his liability should be mitigated.
RULING
The Supreme Court found no merit in the defense’s arguments. On the first issue, the Court held that the accused’s plea of guilty was an admission of all the material facts alleged in the information, including the qualifying circumstances of evident premeditation and treachery for the crimes of multiple murder, frustrated murder, and attempted murder. On the second and third issues, the Court rejected the argument that the accused’s actions, as a supposed “juramentado,” should be viewed as a lesser crime or mitigate liability. The Court affirmed the classification of the crimes as murder, frustrated murder, and attempted murder. It modified the penalties as follows: For the murder of Maxima Pacho, Romana Pacho, and Fortunato Nares, the penalty is reclusion perpetua. For the murder of the other thirteen victims (Filomena Baaco, Baudelio Pacho, Salome Baaco, Leonila Llavan, Urbana Abique, Lilia Paz, Aurelia Paz, Herminia Paz, Lolita Yayen, Felisa Adion, Nenita Sausa, Henry Pacaldo, and Manuela Llavan), the penalty is death, as these were attended by the aggravating circumstances of treachery and dwelling. For the frustrated murder of Manuel Adion, the penalty is an indeterminate sentence of 4 years, 2 months, and 1 day of prision correccional as minimum to 12 years and 1 day of reclusion temporal as maximum. For each of the two crimes of attempted murder (against Pablo Paz and Severino Adion), the penalty is an indeterminate sentence of 4 months and 1 day of arresto mayor as minimum to 6 years and 1 day of prision mayor as maximum. The indemnity to the heirs of each deceased was increased to P6,000. The decision of the lower court was modified accordingly and affirmed in all other respects.
