G.R. No. L-4911; February 10, 1953
The People of the Philippines, plaintiff-appellee, vs. Bulalakao Mamasalaya, et al., defendant-appellants.

FACTS

In March 1949, Lt. Mucio P. Cabelin of the Philippine Constabulary (PC) was in charge of patrolling Cotabato and Dinaig. Moro Bulalakao Mamasalaya reported to Lt. Cabelin and his superiors the presence of dissidents and bandits stealing palay and work animals in Sapalan, Dinaig. Believing the report, a 16-man PC patrol, armed with a machine gun and rifles, was organized under Lt. Cabelin’s command, with Bulalakao as guide. Their mission was to verify the report and enforce the law. On March 29, 1949, before dawn, the patrol reached a cornfield near three houses. Bulalakao identified these as the hideouts of the lawless elements. Lt. Cabelin deployed his men into three flanks surrounding the houses at a distance of 25-35 yards and ordered them not to fire until he gave a signal—a burst from the machine gun. According to the defense, dogs barked, lights were flashed from the houses, and a seized Moro (Badtuden) shouted, after which a volley of fire came from the houses directed at the patrol. Despite shouts in the dialect identifying themselves as PC soldiers, the firing continued, prompting Lt. Cabelin to order the machine gun burst, upon which his men fired at the houses. The prosecution denied any initial firing from the houses or any shouts from the soldiers. After the firing ceased, the patrol advanced and found four dead persons in the houses: Datu Mamasalawa Benito, Mora Mesalama Landing, and two young children, Sinaulan Tasil and Kamad Talib. A carbine and a shotgun with empty shells were found. The patrol arrested two individuals and returned to headquarters. Ten other Moros, followers of Bulalakao, were charged alongside him and Lt. Cabelin. The trial court convicted Lt. Cabelin, Bulalakao, and ten other Moros of quadruple murder. The Court of Appeals, finding aggravating circumstances, certified the case to the Supreme Court for imposition of the death penalty.

ISSUE

Whether the accused, particularly Lt. Mucio P. Cabelin and Bulalakao Mamasalaya, are guilty beyond reasonable doubt of the crime of quadruple murder.

RULING

Yes. The Supreme Court affirmed the conviction but modified the penalty. The Court found that Bulalakao Mamasalaya, motivated by a long-standing feud with the deceased Datu Benito, concocted a false report to lure the PC patrol into attacking Datu Benito’s household. Lt. Cabelin, while acting in his official capacity, was grossly negligent and reckless. He failed to exercise due diligence and care expected of an officer in a police operation. There was no sudden emergency; the patrol was in a position of safety and control. Lt. Cabelin could have taken precautions to verify the situation without immediately resorting to a concentrated assault with deadly fire on ordinary houses in a clearing, which resulted in the deaths of four individuals, including women and children. His actions constituted a flagrant and wanton disregard for the safety and rights of defenseless people. The ten other Moro appellants were acquitted due to lack of conclusive proof of their active participation in the assault. The Court found the qualifying circumstance of treachery present. Considering the absence of any mitigating circumstance and the presence of the aggravating circumstances of evident premeditation (as to Bulalakao) and abuse of superior strength, the penalty was imposed in its maximum period. However, for lack of sufficient votes for the death penalty, the Court sentenced Lt. Cabelin and Bulalakao Mamasalaya to reclusion perpetua. They were also ordered to indemnify the heirs of each victim.