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United States vs. Apolonio Caballeros, 4 Phil. 350

The Supreme Court of the Philippines overturned the convictions of Apolonio Caballeros and Roberto Baculi as accessories after the fact in the murder of four American schoolteachers. The evidence did not show that Baculi participated voluntarily in burying the bodies, as he was compelled to do so by the murderers at gunpoint. There was also no evidence that Caballeros participated in burying the bodies or was present at the crime scene. His confession to authorities could not be considered as it was made with the promise that nothing would happen to him, which invalidates it as not being made freely and voluntarily. The Court therefore acquitted both defendants.

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190 views2 pages

United States vs. Apolonio Caballeros, 4 Phil. 350

The Supreme Court of the Philippines overturned the convictions of Apolonio Caballeros and Roberto Baculi as accessories after the fact in the murder of four American schoolteachers. The evidence did not show that Baculi participated voluntarily in burying the bodies, as he was compelled to do so by the murderers at gunpoint. There was also no evidence that Caballeros participated in burying the bodies or was present at the crime scene. His confession to authorities could not be considered as it was made with the promise that nothing would happen to him, which invalidates it as not being made freely and voluntarily. The Court therefore acquitted both defendants.

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Mars Tubalinal
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© © All Rights Reserved
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THE UNITED STATES, complainant-appellee, vs.

APOLONIO CABALLEROS, ET
AL., defendants-appellants.

1905-03-29 | G.R. No. 1352

DECISION

MAPA, J.:

The defendants have been sentenced by the Court of First Instance of Cebu to the penalty of seven
years of presidio mayor as accessories after the fact in the crime of assassination or murder perpetrated
on the persons of the American school-teachers Louis A. Thomas, Clyde O. France, John E. Wells, and
Ernest Eger, because, without having taken part in the said crime as principals or as accomplices, they
took part in the burial of the corpses of the victim in order to conceal the crime.

The evidence does not justify, in our opinion, this sentence. As regards Roberto Baculi, although he
confessed to having assisted in the burial of the corpses, it appears that he did so because he was
compelled to do so by the murderers of the four teachers. And not only does the defendant affirm this,
but he is corroborated by the only eyewitness to the crime, Teodoro Sabate, who, by the way, is a
witness for the prosecution. This witness says he was present when the Americans were killed; that
Roberto Baculi was not a member of the group who killed the Americans, but that he was in a banana
plantation on his property gathering some bananas; that when he heard the shots he began to run; that
he was, however, seen by Damaso and Isidoro, the leaders of the band; that the latter called to him and
striking him the butts of their guns they forced him to bury the corpses.

The Penal Code exempts from liability any person who performs the act by reason of irresistible force
(par. 9, art. 8). Baculi acted, doubtless, under such circumstances when he executed the acts which are
charged against him.

As regards the other defendant, Apolonio Caballeros, there is no proof that he took any part in any way
in the execution of the crime with which he has been charged; there is conclusive proof to the contrary,
since Baculi, as well as on of the witnesses for the prosecution, Teodoro Sabate, expressly declare that
he, Caballeros, did not take any part in the burial of the aforesaid corpses, nor was he even in the place
of occurrence when the burial took place. The confession of his supposed liability and guilt, made before
an official of the division of information of the Constabulary, Enrique Calderon, as the latter states when
testifying as a witness, can not be considered as legal proof, because the same witness says that
Roberto Baculi was the only one of the defendants who made a confession to him voluntarily. It appears
besides, from the statements of another witness for the prosecution, Meliton Covarrubias, that the
confession of Apolonio Caballeros was made through the promise made to him and to the other
defendants that nothing would be done to them. Confessions which do not appear to have been made
freely and voluntarily, without force, intimidation, or promise of pardon, can not be accepted as proof on
a trial. (Sec. 4 Act No. 619 of the Philippine Commission.)

The fact of the defendants not reporting to the authorities the perpetration of the crime, which seems to
be one of the motives for the conviction and which the court below takes into consideration in his
judgment, is not punished by the Penal Code and therefore that can not render the defendants criminally
liable according to law.

By virtue, then, of the above considerations, and with a reversal of the judgment appealed from, we
acquit the defendants, appellants, with the costs de oficio in both instances. So ordered.
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Arellano, C.J., Torres, Johnson and Carson, JJ., concur.

| Page 2 of 2

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