GR L 2953; (July, 1951) (Digest)
G.R. No. L-2953 and L-4033; July 27, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LORENZO ASESOR Y JONES, and ALEJANDRO POLINTAN, defendants-appellants.
FACTS
On the evening of March 22, 1945, during a U.S. Army movie exhibition on Sociego Street, Manila, appellants Lorenzo Asesor (a first lieutenant in Marking’s Guerillas) and Alejandro Polintan, along with others, were involved in the deaths of Juanito Cruz, Andres Tamayo, and Feliciano Sanchez, Jr. Asesor, suspecting the three of being Makapilis, took them from the crowd, investigated them in front of Pedro Polintan’s house (with Antonio Socorro recording), and struck them when they denied the accusation. Asesor then, aided by Ignacio Lopez, tied their hands and ordered them to a nearby field, followed by Asesor, Polintan, Lopez, and Maximo Yumang. Asesor attempted to have Yumang kill the three, but Yumang hid. Asesor then took an iron pipe, ordered Lopez (with Polintan’s help) to lead the victims to an excavation, and successively hit each on the back of the neck, causing them to fall into the hole. Polintan and Lopez then covered the grave with earth. The defense presented alibis and alternative narratives, claiming the victims were taken by others to the C.I.C. and that Asesor was not present during the killing. The trial court convicted Asesor as principal and Polintan as accomplice to triple murder.
ISSUE
The primary issue is whether the trial court correctly convicted Lorenzo Asesor as principal and Alejandro Polintan as accomplice for the triple murder of Juanito Cruz, Andres Tamayo, and Feliciano Sanchez, Jr., based on the sufficiency and credibility of the evidence presented.
RULING
The Supreme Court affirmed the trial court’s judgment. It held that the facts of the case, as established by prosecution witnesses Perfecto Malatbalat, Maximo Yumang, and Pablo Miranda, were credible and sufficient to prove the guilt of the appellants beyond reasonable doubt. The Court found no reason to overturn the trial judge’s assessment of witness credibility, rejecting defenses of alibi and alleged witness motives. The death and identity of the victims were duly proven by their disappearance, witness identification, and the discovery of skulls and bones in the area. The Court agreed with the classification of Asesor as a principal (for directly inflicting the fatal blows) and Polintan as an accomplice (for assisting in leading the victims to the excavation and covering the grave upon Asesor’s order). The penalties imposed—reclusion perpetua for Asesor and an indeterminate penalty for Polintan—were affirmed as conforming to law, with no mitigating or aggravating circumstances present.
