GR L 6195; (June, 1954) (Digest)
G.R. No. L-6195 June 30, 1954
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO POLUTAN and RUPERTO DAPOGO, defendants-appellants.
FACTS
The appellants, Ruperto Dapogo and Francisco Polutan, along with Cenon Pama, were charged with the murder of Manuel Francisco on August 6, 1949, in Barrio Tagubong, Passi, Iloilo. The trial court acquitted Pama but convicted Dapogo and Polutan, sentencing them to reclusion perpetua. The evidence for the prosecution established that Dapogo fetched the victim from his home under the pretense that Pama wanted to see him. The victim’s wife, Adelina Sialvo, later discovered his death and was threatened by the appellants and Pama not to report the crime or view the body, with Pama claiming to be an “inspector and secret detective.” The appellants initially confessed before a justice of the peace, detailing that during a drinking spree, Pama ordered them to bind and stab the victim, which they did under threat. At trial, they repudiated these confessions, claiming coercion. Dapogo denied participation, while Polutan claimed self-defense, alleging the victim was attempting robbery. The defense’s version was found incredible by the trial court, which noted the appellants’ failure to report the alleged robbery and their flight after the incident.
ISSUE
Whether the guilt of appellants Francisco Polutan and Ruperto Dapogo for the crime of murder has been proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The Court found the appellants’ confessions, sworn before a justice of the peace, to be credible and voluntary, rejecting their claims of coercion. Their post-crime conduct, including threats to the victim’s family and failure to report the incident to authorities, was inconsistent with innocence. The defense’s alternative narrative of robbery and self-defense was deemed implausible and unsupported by evidence. The penalty of reclusion perpetua was upheld as in accordance with law.
