GR L 3045; (August, 1950) (Digest)
G.R. No. L-3045 and L-3046; August 31, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANASTACIO PAZ, alias “TATO”, alias “COL. LIWANAG”, ET AL., defendants. ANASTACIO PAZ, alias “TATO”, alias “COL. LIWANAG”, defendant-appellant.
FACTS
Early in the morning of July 12, 1948, Marcos Sarmiento and his son Armando were shot and killed in San Pablo City, Laguna. Anastacio Paz, a chief of the Hukbalahap, was charged with double murder. The prosecution evidence showed that Paz, accompanied by his men including witness Rosendo Uri, went to a barrio to look for lost carabaos. Upon finding two carabaos tied to a tree, Paz ordered his men to deploy. When the unarmed Sarmientos arrived, Paz ordered his men to fire, killing them. Paz later admitted the killings to barrio lieutenants and others, stating his group killed the victims because “they caught them in a bad act.” Paz denied participation, claiming he was elsewhere arranging his surrender under an amnesty proclamation for Huks. The trial court found him guilty and sentenced him to life imprisonment for each murder.
ISSUE
1. Whether the guilt of appellant Anastacio Paz for the murders has been proven beyond reasonable doubt.
2. Whether appellant is entitled to the benefits of the amnesty proclamation in favor of the Huks.
RULING
1. Yes. The Supreme Court affirmed the trial court’s finding of guilt. The testimony of eyewitness Rosendo Uri, corroborated by the admissions Paz made to other witnesses (Vicente Recto, Anacleto Araneta, and Cresencio Reyes), established Paz’s participation as the one who ordered the shooting. The Court found the prosecution witnesses credible and rejected Paz’s alibi as unsubstantiated. A motion for new trial based on Uri’s retraction was denied, as the retraction was belied by the physical evidence (multiple gunshot wounds on each victim) and other affidavits.
2. No. Appellant is not entitled to amnesty under Proclamation No. 76. The amnesty covered only specific crimes such as rebellion, sedition, illegal association, assault upon, resistance, and disobedience to persons in authority, and/or illegal possession of firearms. The crimes charged were murder, which are not included in the proclamation.
The decision of the trial court was affirmed in toto.
AI Generated by Armztrong.