Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-17163 September 28, 1962
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
GERARDO DUMLAO, defendants,
GERARDO DUMLAO, JUAN FAMULARCANO, DIEGO FAMULARCANO and FROILAN TABUNDAY, defendants-appellants.
Office of the Solicitor General for plaintiff-appellee.
Estanislao A. Fernandez and Jose A. Ambrosio for defendants-appellants.
CONCEPCION, J.:
This is an appeal taken by defendants Gerardo Dumlao, Juan Famularcano, Diego Famularcano and Froilan Tabunday from a decision of the Court of First Instance of Zambales convicting them of the crime of murder, with which they are charged, and sentencing them to life imprisonment, to indemnify, jointly and severally, the heir of the late Engracio Doble in the sum of P6,000, and to pay the costs proportionally.
The prosecution proved, and the defense does not deny that, during the military occupation of the Philippines the Japanese, the Western Luzon Guerilla forces were under the command of one Capt. Raul McGuire; that in the morning of March 23, 1943, McGuire bade his Inspector General and second in command, Capt. Engracio Doble, and the latter's son, Sgt. Bendito Doble, to find out why herein appellants, Gerardo Dumlao and Juan Famularcano, who were guerilla officers, and other underground leaders had failed to attend a conference held several days before; that, accordingly, the Dobles proceed to the evacuation place of Juan Famularcano, in the sitio of Matunga or Tomamoc, Barrio Maguisguis, Municipality of Botolan, Province of Zambales, which they (the Dobles) reached that same day, late in the afternoon; that upon inquiry by the Dobles, said defendant stated that he had not even been informed of the aforementioned conference; that Engracio Doble then asked for a guide to lead him and Bendito Doble to the place of Gerardo Dumlao; that appellant Diego Famularcano was designated by his brother Juan Famularcano to guide the Dobles, but, because it was almost nighttime and Diego Famularcano had to go on an errand, the Dobles spent that night in the house of Juan Famularcano; that, the next morning, the Dobles and Diego Famularcano started out for the evacuation place of Dumlao, in the sitio of Talben, on the other side of the Maguisguis river; that Diego Famularcano crossed it ahead of the Dobles, to ascertain whether there were enemies there; that when the Dobles began to wade the river, shots coming from the other side thereof rang out, hitting Engracio Doble, who fell down; and that, as Bendito Doble tried to help his father, more shots were fired, whereupon he (Bendito) ran for safety. Moreover, it is not disputed that Engracio Doble died in consequence of the bullet wounds sustained by him on that occasion.
The main issue for determination in this appeal is the identity of the person or persons who killed Engracio Doble.1awphîl.nèt
Bendito Doble testified that as he ran from the place on which his father had fallen wounded, appellant Froilan Tabunday pursued, and fired twice at him, but failed to hit him, he having succeeded in crossing the river obliquely and hidden behind some rocks and bushes on the other side of the river; that from his hiding place, Bendito noticed that those who were firing at his father were Isidro Ramos — who died before the trial of this case — and appellants Gerardo Dumlao, Juan Famularcano and Diego Famularcano, and their Negrito companions; that, thereupon, this group, together with Tabunday, went to the place where Engracio Doble was prostate on the ground; that finding then that Engracio was still alive, Isidro Ramos shouted and then shot him on the forehead; and that subsequently, the members of the group brought away the body of Engracio Doble.
Bendito Doble was partly corroborated by Egmidio Basa, another member of the Western Luzon Guerilla forces, who, upon order of Gerardo Dumlao, had assisted Isidro Ramos, Diego Famularcano, and one Federico Ramos in burying the body of Engracio Doble a short distance from the edge of the Maguisguis River.
Upon the other hand, appellants denied having committed the crime charged and each — except Diego Famularcano — set up a sort of alibi. Froilan Tabunday and Juan Famularcano testified that, in the morning of March 24, 1943, they left the sitio of Matunga or Tomamoc, where the Dobles had spent the previous evening, in the house of Juan Famularcano, and went to the sitio of Camao, about six (6) kilometers away, to look for sugar, which they were unable to get, and that they did not return to Matunga until 4:00 p.m., or after the occurrence. Gerardo Dumlao, in turn, declared that he merely learned of the death of Engracio Doble through Diego Famularcano who informed him about, and that, thereupon, he called Egmidio Basa, Federico Ramos, and Isidro Ramos and together with Diego Famularcano, they went to the place where the dead body of Engracio Doble was and then buried it. Diego Famularcano would have us believe that, while the Dobles and he were in the Maguisguis river, on their way to the place of Gerardo Dumlao, they were fired at; that, thereupon, he (Diego Famularcano) and Bendito Doble ran away, that when they (Diego Famularcano and Bendito Doble) came back, Engracio Doble was already dead; and that, accordingly, they buried his body.
The case thus hinges on the credibility of the aforementioned opposing testimony. The lower court accepted the version of the prosecution and found the evidence for the defense unworthy of credence. Upon review of the record before us, we find no plausible reason to disturb the findings of fact of His Honor the trial judge. To begin with, in an affidavit made before the Justice of the Peace of Botolan, Zambales, on May 6, 1949, Juan Famularcano admitted that neither he nor Froilan Tabunday had gone to the sitio of Camao on March 24, 1943, contrary to their testimony in this case. Secondly, Diego Famularcano admitted that he could not explain why Bendito Doble had implicated him. Again, according to said affidavit of May 6, 1949, Juan Famularcano learned from his brother Diego Famularcano that Engracio Doble had been shot by Gerardo Dumlao, who confirmed this fact to him (Juan Famularcano). In this connection, it is interesting to note that Gerardo Dumlao did not even try to deny his aforementioned admission to Juan Famularcano.
Regarding the motive in committing the crime charged, it would appear that Juan Famularcano, Diego Famularcano and Gerardo Dumlao believed Engracio Doble — as the second officer in command of the Western Luzon Guerrilla Force — responsible for, or instrumental in, the excution by the guerrillas of their cousins Eulogia and Wenceslao Dumlao, as supposed spies of the Japanese, and that Engracio Doble had turned down a request of Froilan Tabunday that Eulogia Dumlao be buried in the barrio cemetery of Villar, Botolan, instead of the place where she died, as well as a request that he (Froilan Tabunday) be transferred from a given guerrilla sector to another.
Being in accordance with the facts and the law, the decision appealed from is hereby affirmed, therefore, with costs against the appellants. It is so ordered.
Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Reyes, J.B.L., Barrera, Paredes, Dizon and Makalintal, JJ., concur.
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