G.R. No. L-6969; August 31, 1955
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TOMAS UBIÑA, JOSE UBIÑA, ROMERO PAGULAYAN, LORETO MERCADO, MARCELO DE GUZMAN, PASCUAL ESCOTE and PABLO BINAYUG, defendants-appellants.

FACTS

Early in the evening of September 14, 1952, Aureliano Carag, Mayor of Solana, Cagayan, arrived at the house of spouses Esteban Tambiao and Teodora Quilang in Barrio Bañgag. He had illicit relations with their daughter, Dionisia Tambiao. After supper preparations, Carag went to remove his horse’s saddle when the first gunshot was heard, hitting him. He called for help. Teodora, Dionisia, and Esteban went down to assist. More shots were fired. Proceso Ledesma, a policeman, heard the commotion and fired two shots in the air; Carag identified him and called for help, naming Tomas Ubiña and his companions as the attackers. A voice responded, “You call for all your policemen, although they are many, we are not afraid.” After an exchange of fire lasting about 15 minutes, the attackers left. The next morning, the police found the dead bodies of Aureliano Carag, Dionisia Tambiao, and Esteban Tambiao, along with spent shells from carbines and a revolver. The autopsy revealed multiple gunshot wounds on each victim causing instantaneous death.
Prosecution witnesses testified to the conspiracy and execution of the crime. Ruben Francisco, who lived with Tomas Ubiña, detailed the planning in the afternoon of September 14, 1952, at Tomas Ubiña’s house in Tuguegarao. The group, including the appellants, planned to kill Carag. They armed themselves with carbines and pistols, traveled by truck and banca to Barrio Andarayan, met other co-accused, and proceeded on foot to Barrio Bañgag. Upon arrival, Tomas Ubiña distributed firearms and positioned the men around the Tambiao house. After the shooting, they regrouped, threw the firearms into the Cagayan River, returned to Tuguegarao, and Tomas Ubiña gave money to some of the participants. Antonio Ugaddan, the truck driver, corroborated the group’s travel. Flora Quilang, a neighbor, witnessed the attack, identified Tomas Ubiña as one of the shooters who fired at her, and recognized his voice during the incident. Her son, Cecilio Ubiña, an 11-year-old boy, also saw Tomas Ubiña firing and giving bullets to a companion.

ISSUE

Whether the defendants-appellants are guilty of the murder of Aureliano Carag, Dionisia Tambiao, and Esteban Tambiao.

RULING

The Supreme Court affirmed the guilt of all defendants-appellants for triple murder but modified the penalties. The crime was attended by the aggravating circumstances of treachery and abuse of superior strength. The Court found that Tomas Ubiña conceived the plan, utilized his influence, and exhibited marked determination, cruelty, and depravity. He was sentenced to death by electrocution. Jose Ubiña, Marcelo de Guzman, and Loreto Mercado, being principals but influenced by their dependence on Tomas Ubiña, were sentenced to reclusion perpetua for each death. Romero Pagulayan, Pascual Escote, and Pablo Binayug, as accomplices, were sentenced to an indeterminate penalty of 8 years and 1 day of prision mayor to 14 years, 8 months, and 1 day of reclusion temporal for each murder. All appellants were ordered to indemnify the heirs of each deceased jointly and severally in the amount of P4,000 and to pay the costs. The Court also directed that proceedings be instituted against Jose de Guzman, who was not included as an accused.