GR L 3547; (October, 1953) (Digest)
G.R. No. L-3547 October 29, 1953
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TEOFILO ORDIZ, ET AL., defendants; EUGENIO ARAW and PEDRO RICON, defendants-appellants.
FACTS
The defendants-appellants Eugenio Araw and Pedro Ricon were charged with the murder of Escolastico Matias in Oas, Albay, on October 11, 1944. The prosecution evidence showed that Eugenio Araw had mortgaged a parcel of riceland to the victim. When Eugenio wanted to redeem the mortgage around September-October 1944, Escolastico refused. Eugenio complained about this refusal to guerrilla lieutenant Filomeno Renegado, who then ordered his soldiers, including the two appellants, to arrest Escolastico. The arrest was effected on the evening of October 10, 1944, in Ligao, Albay, and Escolastico was tortured. He was taken to Lt. Renegado’s headquarters in Maguiron, Oas, arriving on the evening of October 11. Upon learning of Escolastico’s arrival, Lt. Renegado asked why he had not yet been killed, ordered him tied to a guava tree, and after conversing with Eugenio Araw and Jose Vega, personally stabbed Escolastico. Renegado then handed his dagger to Balbino Ranoco and ordered him to finish the killing, which was done. The appellants denied participation, with Pedro Ricon setting up an alibi and Eugenio Araw denying the mortgage story, his denunciation, and any involvement in the arrest, torture, and murder. During the proceedings, Lt. Filomeno Renegado was extended the benefits of amnesty by the Guerrilla Amnesty Commission on June 30, 1949, on the ground that he caused the arrest and killed Escolastico in furtherance of the resistance movement. The trial court convicted Eugenio Araw and Pedro Ricon and sentenced them to reclusion perpetua.
ISSUE
Whether the appellants, Eugenio Araw and Pedro Ricon, who were members of the guerrilla unit and obeyed the orders of their lieutenant, Filomeno Renegado, are criminally liable for the murder of Escolastico Matias, given that Renegado was granted amnesty for the same act.
RULING
The Supreme Court reversed the trial court’s decision and acquitted the appellants. The Court held that since Lt. Filomeno Renegado, who ordered the arrest and personally killed Escolastico, was exonerated and granted amnesty by the Guerrilla Amnesty Commission on the ground that his acts were in furtherance of the resistance movement, the two appellants, who were members of his guerrilla unit and merely obeyed his orders, must also be held exempt from criminal liability for the sake of consistency. The Court found it unnecessary to rule on the denial of the motion for new trial based on newly discovered evidence (Renegado’s favorable testimony), as the admitted exoneration of Renegado was fatal to the appellants’ conviction.