G.R. No. L-22094 March 28, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SANTIAGO TATLONGHARI, ET AL., defendants; SANTIAGO TATLONGHARI, AMBROSIO TATLONGHARI, FAUSTO MERCADO, AGAPITO MERCADO and CIRILO CUETO, defendants-appellants.

FACTS

The defendants were charged with murder for the killing of Victor Eje on the evening of August 25, 1954, in Barrio Port Junction, Ragay, Camarines Sur. The information alleged they were armed with bolos, conspired and mutually helped each other, and attacked Eje with stones and bolos, inflicting multiple fatal wounds, with the aggravating circumstances of treachery, nocturnity, and superior strength.
The prosecution presented witnesses: Felimon Almares testified he was walking with the victim when they met accused Santiago Tatlonghari and Tiburcio Lalogo; Santiago shouted “listo kayo mga bata,” after which stones were thrown, hitting Almares, who then hid and saw Santiago and Tiburcio hitting the prostrate Eje with bolos, illuminated by a flashlight and lights from nearby houses; he later saw Fausto Mercado, Agapito Mercado, Cirilo Cueto, and Ambrosio Tatlonghari appear and view the body before leaving. Marcos Nacionales testified he heard noises, peeped, and saw Santiago standing with a bolo near a body, shouting threats, and saw Ambrosio and Agapito standing nearby; he and his family later fled and reported to barrio lieutenant Pedro Comia. Fortunato Aranas testified he saw Santiago, Fausto, and Agapito pass by; Santiago shouted “sigue mga bata,” followed by sounds of falling objects; later, the group returned, and Santiago warned him that Victor Eje was dead. Pedro Comia testified he found Eje’s corpse and later saw the group of accused standing together, recognizing them when he focused his flashlight on them. Dr. Felix Macalino conducted the autopsy, confirming the fatal wounds were caused by a sharp instrument like a bolo and a blunt object like a stone.
The defense of the accused was alibi. Santiago and Ambrosio Tatlonghari claimed they were locked in the Sipocot municipal jail that night after Santiago had hurt someone earlier, corroborated by Sgt. Reynaldo Zamora and a police blotter entry. Fausto Mercado claimed he was in Sinuknipan, Del Gallego, at the house of Artemio Barento, corroborated by Barento. Agapito Mercado claimed he attended a party in Barrio Inangdawa, Ragay, corroborated by the host, Eriberto Juri. Cirilo Cueto claimed he was in his house all night, corroborated by Benito Javier. The trial court convicted all accused, sentencing Santiago Tatlonghari, Fausto Mercado, Agapito Mercado, Tiburcio Lalogo, and Cirilo Cueto to life imprisonment, and Ambrosio Tatlonghari to an indeterminate penalty. All were ordered to indemnify the heirs.

ISSUE

The main issue is whether the guilt of the appellants has been proven beyond reasonable doubt, considering the defense of alibi and the credibility of the prosecution witnesses.

RULING

The Supreme Court affirmed the conviction of Santiago and Ambrosio Tatlonghari as principals, finding their alibi weak and unsubstantiated, noting serious irregularities in the police blotter presented by the defense. The court found the testimonies of prosecution witnesses credible, consistent, and corroborative of each other, establishing the presence and participation of the Tatlongharis at the crime scene.
However, the Court modified the conviction of Fausto Mercado, Agapito Mercado, and Cirilo Cueto. It held that while their presence at the scene was proven, the evidence did not sufficiently establish that they cooperated in the execution of the crime by acts without which it would not have been accomplished, to qualify them as principals. The evidence showed they appeared after the fatal assault had been committed and merely viewed the body. Therefore, they were held liable only as accomplices, having knowingly contributed by their presence to the commission of the crime. They were sentenced as accomplices to an indeterminate penalty.
The indemnity was increased to P12,000.00. The decision was modified accordingly.