GR L 14546 47; (April, 1962) (Digest)
G.R. Nos. L-14546 and L-14547; April 28, 1962
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BASILIO PADUA, MAMERTO FLORES and VICENTE JULIAN, defendants; BASILIO PADUA and MAMERTO FLORES, defendants-appellants.
FACTS
Appellants Basilio Padua and Mamerto Flores, along with Vicente Julian and Santiago Rebullido, were charged with the murder of spouses Ariston Flores and Avelina Garcia on April 7, 1957. The spouses were shot inside their dwelling. Leandro Garcia, an eyewitness and brother of Avelina, testified he was awakened by a gunshot and saw Padua fire at his sister before he jumped from the house and fled, hearing another shot. The following day, the Chief of Police investigated, finding a spent cartridge and arranging for a post-mortem examination which confirmed gunshot wounds as the cause of death. The appellants and Vicente Julian were arrested. Mamerto Flores and Basilio Padua executed sworn statements before the Municipal Mayor admitting their participation. Flores stated the group went to kill the spouses due to ill-feeling from a prior robbery complaint filed against them and a previous assault on their companions. Padua initially gave a statement claiming he was forced to go along, but subsequently executed another confession admitting he shot Ariston Flores while Rebullido shot Avelina Garcia.
ISSUE
The core issue is whether the guilt of appellants Basilio Padua and Mamerto Flores for the crime of murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the confessions of the appellants, Exhibits D and E, to be voluntary and credible. It rejected the appellants’ claim of coercion, noting they had ample opportunity to report any maltreatment to the Municipal Mayor before whom they swore to their statements, especially since they were his political followers. Their subsequent plea of not guilty during the preliminary investigation was deemed an afterthought insufficient to invalidate their prior detailed admissions. Beyond the confessions, the testimony of eyewitness Leandro Garcia provided direct, positive identification of Padua as the shooter. The Court also found a clear motive rooted in the robbery case filed by the victims against the appellants and a prior physical altercation. The defense of alibi was correctly disregarded against this positive evidence. The crime was murder qualified by treachery, with the aggravating circumstances of nocturnity and dwelling. The prescribed penalty was death, but for lack of the required votes, the Court imposed reclusion perpetua. The trial court’s judgment was affirmed. Vicente Julian was acquitted by the trial court for insufficiency of evidence, and that acquittal was not appealed.
