G.R. No. L-1260 - DECEMBER 1903 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-1260December 31, 1903 United States vs. Francisco David et al. G.R. No. L-1503December 29, 1903 United States vs. Alejo Ravidad et al. G.R. No. L-1441December 29, 1903 United States vs. Severa Bergantino G.R. No. L-1423December 29, 1903 United States vs. Eduardo Abaroa G.R. No. L-1403December 29, 1903 Jose E. Alemany et al. vs. John C. Sweeney G.R. No. L-1365December 29, 1903 United States vs. Gervasio Santiago et al. G.R. No. L-1345December 29, 1903 United States vs. Jose Montano G.R. No. L-1247December 22, 1903 United States vs. Pablo Jamino et al. G.R. No. L-1312December 21, 1903 United States vs. Ignacio Bundal et al. G.R. No. L-1026December 21, 1903 United States vs. Victorino Correa et al. G.R. No. L-1167December 16, 1903 In Re: R. S. Macdougall G.R. No. L-1303December 12, 1903 United States vs. John B. Colley G.R. No. L-1056December 8, 1903 Agueda Benedicto vs. Esteban De La Rama G.R. No. L-935December 5, 1903 United States vs. Marcelo Alvarez G.R. No. L-1360December 4, 1903 United States vs. Adam Smith G.R. No. L-1271December 4, 1903 United States vs. Telesforo Dasal et al. G.R. No. L-1374December 3, 1903 United States vs. Cristino Reyes G.R. No. L-1415December 2, 1903 United States vs. Anastasio Mangubat et al. The Lawphil Project - Arellano Law Foundation, Inc. United States vs. Francisco David et al. United States vs. Alejo Ravidad et al. United States vs. Severa Bergantino United States vs. Eduardo Abaroa Jose E. Alemany et al. vs. John C. Sweeney United States vs. Gervasio Santiago et al. United States vs. Jose Montano United States vs. Pablo Jamino et al. United States vs. Ignacio Bundal et al. United States vs. Victorino Correa et al. In Re: R. S. Macdougall United States vs. John B. Colley Agueda Benedicto vs. Esteban De La Rama United States vs. Marcelo Alvarez United States vs. Adam Smith United States vs. Telesforo Dasal et al. United States vs. Cristino Reyes United States vs. Anastasio Mangubat et al. The Lawphil Project - Arellano Law Foundation, Inc.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-1260 December 31, 1903

THE UNITED STATES,complainant-appellee,
vs.
FRANCISCO DAVID, ET AL.,defendants-appellants.

Eduardo Gutierrez Repide for appellants.
Office of the Solicitor-General Araneta for appellee.

WILLARD,J.:

The appellant, David, has been convicted of the crime of assassination and sentenced to life imprisonment. The court below held that he was not entitled to the benefits of the amnesty of July 4, 1902. In this we think that there was error.

The evidence in the case as to the circumstances connected with the commission of the offense is very conflicting. Mamerto Anteojo, a defendant who was acquitted in the court below, testified twice during the trial. His two statements were inconsistent with each other, but it is probable that his second one is more nearly the truth than the statement of any other of the persons who claim to have been eyewitnesses. He said that when he and one Cofu were returning from the forests they met French. He was looking for another American who had been arrested by the revolustionists and taken to the commander of those forces, Daniel T. Sisson. They immediately seized French and were taking him to the same chief, when, on passing by the house of Eusebio Cenarro, they saw there Francisco Villabrille and other revolutionists. Villabrille gave French something to eat and soon departed, leaving him in the charge of David and directing the latter to take the prisoner to Sisson. At night fall they started, and on the way David killed French with a bolo. The offense was committed in Surigao some time in 1900. No complaint was presented until February, 1903.

1. The appellant at the time in question was participating against the United States in the insurrection. The witnesses all agree that he and his companions were revolutionary soldiers. The appellant wore the uniform of a revolutionists.lawphil.net

2. It sufficiently appears that the crime was political in its character. The only reason for seizing French was that he was an American belonging to the country against which they were then fighting. The fact that they were taking him to the leader of the revolutionary forces shows almost conclusively that the detention was for causes connected with the insurrection. While a political prisoner and on his way to headquarters he was killed. There can be no doubt that the killing was due to the same cause as the arrest, namely, that he was an American and an enemy.

3. We think also that the evidence is sufficient too show that the appellant committed the act pursuant to orders of his superiors. Mamerto testified that David told him in the very act that he was ordered by Villabrille to kill the deceased. This testimony is something more than hearsay. It is a declaration made in the act itself and is a part of it. Mamerto also testified that when Villabrille charged David with the custody of the prisoner he said something more to him which the witness could not hear. The fact that French was not killed by his captors when they first seized him but only after the conference with Villabrille is also entitled to weight.

The first declaration of the appellant appears in the record as follows:

The statement as to the killing of prisoners was entirely irrelevant to the rest of the statement, and in view of the fact that it was given before his counsel, who was the superior officer mentioned in the testimony, we think it is not entitled to weight.

The rank which Villabrille had in the revolutionary army does not appear. But that it was superior to that of David is evident. They reported to him the capture. He assumed control of French while they were together and gave orders as to his disposition when he departed.

The appellant is entitled to the benefit of the amnesty above mentioned, and, on filing in this court the oath required by the proclamation, an order will be entered dismissing the case.

Arellano, C. J., Torres, Cooper, Mapa and McDonough, JJ., concur.

Separate Opinions

JOHNSON,J.,dissenting:

Amnesty should not be granted to the defendant in the above cause for the reason that the proof does not show that he is included among the class of persons named or mentioned in the proclamation of amnesty of July 4, 1902, of the President of the United States. Neither does the proof show that the crime with which he is charged is included among those mentioned in the same proclamation.