GR L 2082; (April, 1950) (Digest)
G.R. No. L-2082; April 26, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NEMESIO LLANETA and PEDRO MAGDUGO, defendants-appellants.
FACTS
Appellants Nemesio Llaneta and Pedro Magdugo were convicted of murder for the killing of Pedro Tagam on November 5, 1942, in Alubijid, Misamis Oriental. Magdugo was the leader of an irregular force, and Llaneta was a member. The prosecution’s evidence, primarily from witnesses Pedro Sabay and Rodolfo Carretas, established that Magdugo ordered the arrest and investigation of Tagam, allegedly to obtain dynamite from him. After the investigation, Llaneta, upon Magdugo’s order, shot and killed Tagam. The defense contended that Tagam was killed by another person, Pedro Balacuit. The trial court found the prosecution witnesses credible and convicted the appellants. The case was referred to the amnesty commission, but it refused cognizance as the appellants denied participation in the crime.
ISSUE
1. Whether the trial court erred in convicting the appellants of murder based on the credibility of witnesses.
2. Whether the appellants are entitled to the benefits of amnesty under Proclamation No. 8.
RULING
1. The Supreme Court affirmed the conviction. The trial court did not err in crediting the prosecution witnesses. The evidence established that Magdugo ordered the arrest and investigation of Tagam and that Llaneta carried out the killing on Magdugo’s order. The killing was qualified by treachery as the attack was sudden and without warning, ensuring no risk to the assailants. The Court found no reason to disturb the trial court’s findings on witness credibility.
2. The appellants are not entitled to amnesty. The amnesty proclamation applies to acts committed in furtherance of resistance to the enemy or against persons aiding the enemy’s war efforts. The killing of Tagam was not shown to be in furtherance of the resistance, nor was Tagam aiding the Japanese. Furthermore, the appellants’ denial of participation in the crime is inconsistent with a plea for amnesty, which presupposes the commission of a crime.
The judgment of the trial court was modified by increasing the indemnity to the heirs of the deceased from P2,000 to P6,000. The conviction for murder and the penalty of reclusion perpetua were affirmed.
AI Generated by Armztrong.