GR L 3455; (July, 1951) (Digest)
G.R. No. L-3455 July 31, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SOTERO ULIP and ANDRES ULIP, defendants-appellants.
FACTS
On the night of May 24, 1949, Paulino Ulip, 72, was shot and killed while seated in his house in Tibanglin, Naujan, Mindoro. After investigation, Alfonso Bergonio confessed to committing the killing, stating he was induced by Paulino’s sons, Sotero Ulip and Andres Ulip, who were disgusted with their father’s stinginess and unbearable disposition. Andres and Sotero also admitted their guilt in affidavits subscribed before the justice of the peace of Calapan. Alfonso Bergonio was separately convicted of murder upon a plea of guilty. Sotero and Andres Ulip were charged with parricide, pleaded not guilty, were tried, convicted, and sentenced to life imprisonment. They appealed.
The prosecution evidence established that Sotero Ulip purchased the carbine used in the killing with money contributed by Andres Ulip and delivered it to Alfonso Bergonio, telling him to shoot their father. After the killing, Bergonio reported the death to Andres. The confessions of the appellants detailed their resentment towards their father, his hot temper, an incident where he chased Andres with a bolo, their conspiracy with Bergonio, Andres’s provision of money for the gun, and Sotero’s procurement and delivery of the weapon. The appellants claimed their confessions were obtained through violence and threats, but the justice of the peace before whom they were executed testified the appellants acted voluntarily.
ISSUE
Whether the appellants, Sotero Ulip and Andres Ulip, conspired with and induced Alfonso Bergonio to kill their father, Paulino Ulip, thereby making them guilty of parricide as principals by induction.
RULING
Yes, the appellants are guilty as principals by induction to the crime of parricide. The Supreme Court affirmed their conviction.
The Court found the confessions of the appellants, Exhibits D and E, to be voluntary and credible, as attested by the justice of the peace, and rejected their claim of coercion due to their failure to identify the alleged torturers or report maltreatment to visiting relatives. The testimony of Alfonso Bergonio corroborated the confessions, stating he shot Paulino with the carbine provided by Sotero, who instructed him to do so, and that he reported the death to Andres afterward. The Court held that Andres’s act of providing money for the weapon, coupled with his statement “sila ang bahala” when apprised of the plan to kill his father, constituted approval and cooperation in the crime. His subsequent silence and failure to prevent the crime or report the conspirators confirmed his participation. The Court ruled that proof of great ascendancy or influence by the inducer is not essential where, as here, the principal actor (Bergonio) admits he was impelled by a previous conspiracy and a promise of condoned debt. The penalty of life imprisonment was affirmed. The Court modified the indemnity, raising it from P1,500 to P6,000. The appealed judgment was affirmed with costs against the appellants.
