GR L 2408; (May, 1950) (2) (Digest)
G.R. No. L-2408; May 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO RIPARIP, ET AL., defendants-appellants.
G.R. No. L-2551; May 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GENARO BATO (alias ARONG), defendant-appellant.
FACTS
Enrique Roldan, a former mayor and guerrilla lieutenant, was kidnapped on December 27, 1944, and killed the next day by members of other guerrilla units in Bayambang, Pangasinan. The killing arose from a dispute over a fishpond operated by Roldan under a Japanese occupation license, the products of which he shared with his guerrilla unit. Appellants Alfredo Riparip and Genaro Bato, along with others from Hunters ROTC and Allied Intelligence Bureau guerrilla units, had demanded possession of the fishpond. After Roldan refused, he was captured by a group including Bato and state witness Ernesto Flores. Roldan was turned over to Riparip, a ranking guerrilla officer. The following day, at Riparip’s order given to co-accused Loreto Bravo, Roldan—with his hands tied—was bayoneted to death and buried. After the execution, Riparip, Bato, and others took over the fishpond. Separate informations for murder were filed against the accused. After a joint trial, the lower court convicted Riparip and Bato as principals and sentenced them to reclusion perpetua. They appealed.
ISSUE
Whether the appellants are guilty as principals of the crime of murder.
RULING
Yes, the Supreme Court affirmed the conviction. The killing was established, and the evidence sufficiently proved appellants’ participation. Riparip, who ordered the killing, and Bato, who participated in the capture and shared the motive, acted in concert to eliminate Roldan to take over the fishpond. The Court rejected the defense that Roldan was executed as a Japanese spy, finding this claim a mere pretext. The real motive was to gain control of the fishpond, as demonstrated by their demands before the killing and their takeover afterward. The trial court’s findings were upheld, and the penalty of reclusion perpetua with indemnity was affirmed.
AI Generated by Armztrong.