G.R. No. L-2335; March 7, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO MORENO (alias BALBINO MORENO), defendant-appellant.

FACTS

During the Japanese occupation, appellant Francisco Moreno was a member and later a leader of a guerrilla organization in Pangasinan. On the evening of December 25, 1944, he and his men went to the house of Manuel Artates, forcibly took him, beat him, and brought him to the Marapudo mountains. There, after another captive was beheaded, Manuel Artates was also beheaded and buried in a shallow grave. Appellant was present at the execution and later cautioned the witnesses not to reveal what happened. The remains were exhumed and identified in 1946. Appellant claimed he was merely a private obeying orders and was not directly involved, but this was contradicted by evidence from other related criminal cases and witness testimonies identifying him as the leader who ordered the kidnapping and killing.

ISSUE

Whether the appellant, Francisco Moreno, is guilty of the crime of murder for the killing of Manuel Artates.

RULING

Yes. The Supreme Court affirmed the decision of the trial court, finding appellant guilty of murder. The evidence conclusively established that appellant was the leader who ordered the kidnapping and execution of Manuel Artates. His presence during the maltreatment and execution, his caution to witnesses to maintain secrecy, and the testimonies from other cases identifying him as the commanding officer disproved his defense of being a mere subordinate obeying orders. The killing was attended by treachery (alevosia), qualifying it as murder. The penalty of reclusion perpetua and the order to indemnify the heirs were upheld.

AI Generated by Armztrong.