G.R. No. L-17163; September 28, 1962
The People of the Philippines, plaintiff-appellee, vs. Gerardo Dumlao, et al., defendants-appellants.

FACTS

Appellants Gerardo Dumlao, Juan Famularcano, Diego Famularcano, and Froilan Tabunday were convicted of murder for the killing of Capt. Engracio Doble, an officer of the Western Luzon Guerrilla forces. The prosecution established that on March 24, 1943, Doble and his son, Sgt. Bendito Doble, were en route to appellant Dumlao’s location, guided by appellant Diego Famularcano. While crossing the Maguisguis River, shots were fired from the opposite bank, fatally wounding Engracio Doble. Bendito Doble testified that he saw appellants Gerardo Dumlao, Juan Famularcano, Diego Famularcano, and Froilan Tabunday, along with the deceased Isidro Ramos, firing at his father. He further stated that after the initial shooting, the group approached and Isidro Ramos delivered the fatal shot to Engracio Doble’s forehead. The prosecution witness Egmidio Basa corroborated part of the testimony by stating he was ordered by Gerardo Dumlao to help bury Doble’s body.
The defense consisted of denials and alibis. Juan Famularcano and Froilan Tabunday claimed they were in a different sitio, Camao, at the time of the incident. Gerardo Dumlao denied participation, stating he only learned of the death afterwards and organized the burial. Diego Famularcano claimed that he and Bendito Doble both fled when shots were fired and found Engracio dead upon returning.

ISSUE

The main issue is the identity of the perpetrators of the killing, hinging on the credibility of the opposing testimonies presented by the prosecution and the defense.

RULING

The Supreme Court affirmed the conviction, upholding the trial court’s findings on credibility. The Court found no reason to overturn the factual conclusions, as the evidence for the prosecution was more credible and consistent. A critical piece of evidence was Juan Famularcano’s affidavit dated May 6, 1949, which contradicted the trial testimony of him and Tabunday by admitting they were not in Camao on the day of the killing. Furthermore, the same affidavit revealed that Juan learned from his brother Diego and from Gerardo Dumlao himself that Dumlao was the one who shot Engracio Doble, an admission Dumlao did not deny at trial.
The Court also found motive established. Appellants Juan Famularcano, Diego Famularcano, and Gerardo Dumlao believed Doble was responsible for the execution of their relatives, Eulogia and Wenceslao Dumlao, who were deemed Japanese spies. Appellant Tabunday also held a grudge against Doble for denying his request regarding Eulogia’s burial and a transfer. The collective evidence sufficiently proved conspiracy among the appellants to kill Doble. Therefore, the judgment of the trial court convicting them of murder and imposing life imprisonment was affirmed.