Back to Index
1960 / Aug

G.R. No. L-15633 - AUGUST 1960 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-15633August 31, 1960 People of the Philippines vs. Primitivo D. Ala, et al. G.R. No. L-15590August 31, 1960 Asturias Sugar Central, Inc. vs. Corazon Segovia, et al. G.R. No. L-15474August 31, 1960 Alfredo B. Saulo vs. Pelagio Cruz, etc. G.R. No. L-15375August 31, 1960 Baltazar Ragpala, et al. vs. Justice of the Peace of Tubod, Lanao, et al. G.R. No. L-15325August 31, 1960 Provincial Fiscal of Rizal vs. Cecilia Muñoz Palma G.R. No. L-15186August 31, 1960 Gonzalo G. de Guzman vs. Alfredo Trinidad, et al. G.R. No. L-15153August 31, 1960 In re: Anacleta Abellana. Lucio Balonan vs. Eusebia Abellana, et al. G.R. No. L-14959August 31, 1960 Republic Savings Bank vs. Far Eastern Surety and Insurance Co., Inc. G.R. No. L-14835August 31, 1960 Ponciano Medel, et al. vs. Julian Calasanz, et al. G.R. No. L-14601August 31, 1960 Philippine National Bank vs. Emilio dela Viña, et al. G.R. No. L-14363August 31, 1960 People of the Philippines vs. Caridad Capistrano G.R. No. L-14357August 31, 1960 Johanna H. Borromeo vs. Ezequiel Zaballero, Sr. G.R. No. L-14184August 31, 1960 In re: Pablo Uy Yao. Pablo Uy Yao vs. Republic of the Philippines G.R. No. L-14107August 31, 1960 Miguel Mendiola, et al. vs. Ricardo Tancinco, et al. G.R. No. L-14101August 31, 1960 Andriana de Blanco vs. Sta. Clara Transportation Co. G.R. No. L-13801August 31, 1960 Paulina Bautista, et al. vs. Leoncio Dacanay, et al. G.R. No. L-13581August 31, 1960 Epifanio S. Cese vs. Government Service and Insurance System G.R. No. L-13353August 31, 1960 Dolores Narag vs. Salvador Cecilio, et al. G.R. No. L-13281August 31, 1960 Siari Valley Estates, Inc. vs. Filemon Lucasan, et al. G.R. No. L-13219-20August 31, 1960 People of the Philippines vs. Remigio Cruz G.R. No. L-13177August 31, 1960 Swee Din Tan vs. Republic of the Philippines G.R. No. L-13162August 31, 1960 C. N. Hodges vs. Francisco Arellano, et al. G.R. No. L-13129 and L-13179-80August 31, 1960 Benguet Consolidated Unions Council vs. Court of Industrial Relations, et al. G.R. No. L-12898August 31, 1960 Estanislao Pabustan vs. Pastor de Guzman, etc., et al. G.R. No. L-12790August 31, 1960 Joel Jimenez vs. Remedios Cañizares G.R. No. L-12781August 31, 1960 Philippine Racing Club, Inc. vs. Collection of Internal Revenue G.R. No. L-12597August 31, 1960 Fermin Lacap, et al. vs. Pastor L. de Guzman, etc., et al. G.R. No. L-12486August 31, 1960 Leonor Grana, et al. vs. Court of Appeals, et al. G.R. No. L-12286August 31, 1960 Jose Javellana, et al. vs. Felicidad Javellana, et al. G.R. No. L-12020August 31, 1960 Felixberto Bulahan, et al. vs. Juan E. Tuason, et al. G.R. No. L-12005August 31, 1960 People of the Philippines vs. Francisco Fraga, et al. G.R. No. L-11944August 31, 1960 Philippine Racing Club, et al. vs. Arsenio Bonifacio, et al. G.R. No. L-11910August 31, 1960 Philippine Land-Air-Sea Labor Union vs. Bogo-Medellin Milling Co., Inc., et al. G.R. No. L-10111August 31, 1960 Soledad Robles, et al. vs. Isabel Manahan de Santiago, et al. G.R. No. L-9786August 31, 1960 In re: Teodora Tangco de Valencia. Rosita Masangkay, et al. vs. Marcelo Valencia, et al. G.R. No. L-9576August 31, 1960 Sixto Vengaso, etc. vs. Cenon Buencamino, et al. G.R. No. L-15076August 29, 1960 Enrique Ferrer vs. E.L. de Leon, etc. G.R. No. L-14904August 29, 1960 Consuelo Arranz, et al. vs. Veneracion Barbers Arranz G.R. No. L-14903August 29, 1960 Koppel (Philippines) Inc. vs. Danilo Darlucio, et al. G.R. No. L-14518August 29, 1960 Eugenia Nelayan, et al. vs. Cecilia Nelayan, et al. G.R. No. L-14461August 29, 1960 Bonifacio Mercado vs. Paulo M. Mercado G.R. No. L-14427August 29, 1960 Batangas Transportation Co. vs. Galicano A. Rivera, et al. G.R. No. L-9965August 29, 1960 Lucina Biglangawa, et al. vs. Pastor B. Constantino G.R. No. L-15822August 26, 1960 Megida Tintiangco, etc., et al. vs. Bernabe de Aquino, et al. G.R. No. L-15315August 26, 1960 Abundio Merced vs. Clementino V. Diez, etc., et al. G.R. No. L-14684-86August 26, 1960 Catalino Caisip, et al. vs. Domingo M. Cabangon, et al. G.R. No. L-15128August 25, 1960 Cecilio Diego vs. Segundo Fernando G.R. No. L-13105August 25, 1960 Lucina Baito vs. Anatalio Sarmiento G.R. No. L-14637August 24, 1960 Rodrigo Matutina vs. Teofilo B. Buslon, et al. G.R. No. L-12909August 24, 1960 Francisco Crisologo vs. Vicente S. del Rosario, et al. G.R. No. L-12730August 22, 1960 C. N. Hodges vs. Amador D. Garcia G.R. No. L-12220August 8, 1960 Paulino J. Garcia, et al. vs. Panfilo Lejano, et al. G.R. No. L-14400August 5, 1960 Felicismo Gatmaitan vs. Gorgonio D. Medina G.R. No. L-14003August 5, 1960 Federico Azaola vs. Cesario Singson G.R. No. L-12800August 5, 1960 Melecio Cajilig, et al. vs. Flora Roberson Co. G.R. No. L-12362August 5, 1960 Cecilio E. Trinidad, et al. vs. Arsenio H. Lacson The Lawphil Project - Arellano Law Foundation, Inc. People of the Philippines vs. Primitivo D. Ala, et al. Asturias Sugar Central, Inc. vs. Corazon Segovia, et al. Alfredo B. Saulo vs. Pelagio Cruz, etc. Baltazar Ragpala, et al. vs. Justice of the Peace of Tubod, Lanao, et al. Provincial Fiscal of Rizal vs. Cecilia Muñoz Palma Gonzalo G. de Guzman vs. Alfredo Trinidad, et al. In re: Anacleta Abellana. Lucio Balonan vs. Eusebia Abellana, et al. Republic Savings Bank vs. Far Eastern Surety and Insurance Co., Inc. Ponciano Medel, et al. vs. Julian Calasanz, et al. Philippine National Bank vs. Emilio dela Viña, et al. People of the Philippines vs. Caridad Capistrano Johanna H. Borromeo vs. Ezequiel Zaballero, Sr. In re: Pablo Uy Yao. Pablo Uy Yao vs. Republic of the Philippines Miguel Mendiola, et al. vs. Ricardo Tancinco, et al. Andriana de Blanco vs. Sta. Clara Transportation Co. Paulina Bautista, et al. vs. Leoncio Dacanay, et al. Epifanio S. Cese vs. Government Service and Insurance System Dolores Narag vs. Salvador Cecilio, et al. Siari Valley Estates, Inc. vs. Filemon Lucasan, et al. People of the Philippines vs. Remigio Cruz Swee Din Tan vs. Republic of the Philippines C. N. Hodges vs. Francisco Arellano, et al. Benguet Consolidated Unions Council vs. Court of Industrial Relations, et al. Estanislao Pabustan vs. Pastor de Guzman, etc., et al. Joel Jimenez vs. Remedios Cañizares Philippine Racing Club, Inc. vs. Collection of Internal Revenue Fermin Lacap, et al. vs. Pastor L. de Guzman, etc., et al. Leonor Grana, et al. vs. Court of Appeals, et al. Jose Javellana, et al. vs. Felicidad Javellana, et al. Felixberto Bulahan, et al. vs. Juan E. Tuason, et al. People of the Philippines vs. Francisco Fraga, et al. Philippine Racing Club, et al. vs. Arsenio Bonifacio, et al. Philippine Land-Air-Sea Labor Union vs. Bogo-Medellin Milling Co., Inc., et al. Soledad Robles, et al. vs. Isabel Manahan de Santiago, et al. In re: Teodora Tangco de Valencia. Rosita Masangkay, et al. vs. Marcelo Valencia, et al. Sixto Vengaso, etc. vs. Cenon Buencamino, et al. Enrique Ferrer vs. E.L. de Leon, etc. Consuelo Arranz, et al. vs. Veneracion Barbers Arranz Koppel (Philippines) Inc. vs. Danilo Darlucio, et al. Eugenia Nelayan, et al. vs. Cecilia Nelayan, et al. Bonifacio Mercado vs. Paulo M. Mercado Batangas Transportation Co. vs. Galicano A. Rivera, et al. Lucina Biglangawa, et al. vs. Pastor B. Constantino Megida Tintiangco, etc., et al. vs. Bernabe de Aquino, et al. Abundio Merced vs. Clementino V. Diez, etc., et al. Catalino Caisip, et al. vs. Domingo M. Cabangon, et al. Cecilio Diego vs. Segundo Fernando Lucina Baito vs. Anatalio Sarmiento Rodrigo Matutina vs. Teofilo B. Buslon, et al. Francisco Crisologo vs. Vicente S. del Rosario, et al. C. N. Hodges vs. Amador D. Garcia Paulino J. Garcia, et al. vs. Panfilo Lejano, et al. Felicismo Gatmaitan vs. Gorgonio D. Medina Federico Azaola vs. Cesario Singson Melecio Cajilig, et al. vs. Flora Roberson Co. Cecilio E. Trinidad, et al. vs. Arsenio H. Lacson The Lawphil Project - Arellano Law Foundation, Inc.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-15633             August 31, 1960

THE PEOPLE OF THE PHILIPPINES,plaintiff-appellee,
vs.
PRIMITIVO ALA Y DURAN, ET AL.,defendants.
PRIMITIVO ALA Y DURAN,defendant-appellant.

E. Arce Ignacio Espiritu for appellant.
Office of the Solicitor General Edilberto Barot and Solicitor F. C. Zaballero for appellee.

PER CURIAM:

Defendant Primitivo Ala is accused, together with Nicolas Mojica, of murder committed, according to the information, as follows:

That on or about the 24th day of March, 1959, in the New Bilibid Prison, municipality of Muntinlupa, province of Rizal, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused conspiring and confederating together and mutually helping one another, armed with deadly weapons to wit, sharp-pointed instruments, with intent to kill with evident premeditation and treachery, did then and there, wilfully, unlawfully and feloniously stab one Ruperto Artus y Garcia on the different parts of his body, thereby inflicting several stab-wounds on the body of said Ruperto Artus y Garcia which caused his death instantaneously.

That the accused are quasi-recidivist having committed the above-mentioned felony while serving sentence after having been convicted of final judgment.

Contrary to law.

Upon arraignment, Ala pleaded guilty to the charge, whereas Mojica entered a plea of not guilty. Thereupon, the court of First Instance of Rizal rendered judgment sentencing Ala to the extreme penalty, to indemnify the heirs of the deceased Ruperto Artus in the sum of P6,000, and to pay the costs. Then, the court proceeded with the trial as regards Mojica. The case is now before usen consulta, insofar as Ala is concerned, owing to the nature of the penalty meted out against him.

Counselde oficiofor Ala, namely, Atty. Erlinda Arce Ignacio Espiritu, has submitted a well written brief. She candidly states therein that, owing to the absence of evidence in the records of this case, due to Ala's plea of guilty and to the fact that the records of the proceedings in the lower court had not been transcribed prior to the filing of said brief, apart from the circumstances that the case against Mojica was still pending determination in said court, she exerted efforts to ascertain Ala's participation in the commission of the crime charged, and that, on the basis of the information thus furnished her, by Ala and Mojica, which admittedly is hearsay evidence, the veracity of which she cannot assure, she doubts whether Ala had sufficient knowledge of the meaning and consequences of his plea of guilty, when he entered the same, and whether he perpetrated said crime. Hence, she prayed that the records be remanded to the lower court for the reception of evidence and/or a new trial. The brief filed on behalf of the prosecution, by the Office of the Solicitor General, has, likewise, a similar conclusion and recommendation, predicted upon analogous considerations.

Fortunately, however, the transcript of the proceedings when Ala entered his plea of guilty and was sentenced by the lower court is now attached to the record. Moreover, after due trial, Ala's co-defendant Nicolas Mojica was, likewise, convicted by the lower court and sentenced to the same penalty meted out to Ala, for which reason the decision against Mojica, dated June 6, 1960, is now before us, pending reviewen consulta. We are, therefore, in a better position than the prosecution and the defense were, at the time of the submission of their respective briefs, to ascertain whether or not Ala was sufficiently posted on the meaning and consequences of his plea of guilty.

Said transcript reveals that upon arraignment, counsel for Ala stated, in open court, that after advising him of the contents of the information, Ala "manifested his desire to plead guilty" to the charge. Counsel further said that he explained to Ala the consequences of such plea and that this notwithstanding, Ala expressed his determination to enter said plea, "as he really committed the acts alleged in the information", and that Mojica would plead "not guilty". Thereupon, the court inquired whether the accused were ready to plead. Their counsel having answered in the affirmative, arraignment took place, the court interpreter reading the information and translating its contents to the accused. Then Ala pleaded guilty to the charge, whereas Mojica entered a plea of not guilty. Asked by the court: "Have you understood the information as read and translated to you by the Court Interpreter?" Ala answered affirmatively. The court further asked: "And in pleading guilty are you doing so freely and voluntarily, without having been coerced, intimidated, or promised any reward or immunity by any person?" Ala gave the same answer. Still the court inquired: "Are you aware of the fact that in pleading guilty you are liable to be sentenced in accordance with the provisions of the law governing this case?" Ala's reply was: "Yes, Your Honor." Forthwith, the lower court rendered the decision which is now before usen consulta. To our mind, the foregoing facts satisfactorily indicate that Ala had adequate knowledge of the nature of the charge against him, of the connotations of his plea and of the consequence thereof.

This view is bolstered up by the decision of conviction, rendered by the lower court, against his co-defendant Nicolas Mojica. Said decision discloses that Gabriel Buclatin, one of the leaders of the "OXO Gang" was killed by several members of the "Sigue- Sigue Gang" inside the New Bilibid Prison at Muntinlupa, Rizal, on March 24, 1954, at about 4:15 p.m. Upon being apprised of this event, Ala and Mojica, who are members of the "OXO Gang", decided to kill their co-prisoner Ruperto Artus, who seemingly belong to the "Sigue-Sigue Gang", in order to avenge the death of Buclatin. So, that evening, at about 6:00 p.m., while Artus was standing inside Cell No. 1 of Dormitory No. 3-C, to which Ala and Mojica belong, the latter stabbed him several times with a "flat pointed instrument". Not to be outdone, Ala likewise, stabbed Artus with an improvised weapon, looking like an ice pick. Altogether, Artus, who died that same evening, sustained thirty-two (32) wounds. According to the prison doctor, the nature of the same and the effects thereof were:

External Findings:

Chest:

1. One (1) Punctured wound, at level of 5th intercostal space along mid sternal line.

2. One (1) Punctured wound, at level of 6th intercostal space along margin of sternum, left.

3. One (1) Punctured wound, at level of 6th intercostal space along para-sternal line, left.

4. Three (3) Punctured wounds, at level of 6th intercostal space along mid sternal line, left.

5. One (1) Punctured wound, at level of 5th intercostal space mid clavicular line left.

6. One (1) Punctured wound, at level of 5th intercostal space one inch lateral and clavicular line left.

7. One (1) Punctured wound, at 7th intercostal space along para- sternal line, right.

8. One (1) Punctured wound, at 8th intercostal space parasternal line, right.

9. One (1) Punctured wound, at 8th intercostal space along margin of sternum, right.

10. One (1) Punctured wound, at 8th intercostal space 1 cm. lateral to mid sternal line, right.

Abdomen:

1. Two (2) Punctured wounds, at epigastric region.

2. Three (3) Punctured wounds, 1 ½ inches above umbilicus, along linea alba.

3. One (1) Punctured wound, 1 inch below 12th rib, along semilunar line, left..

4. Three (3) Punctured wounds, 1 inch below 12 rib, along mid inguinal line, left.

5. Eight (8) Punctured wounds, at lumbar region, left.

6. One (1) Punctured wound, at level of umbilicus, along mid inguinal line right.

7. One (1) Punctured wound, 1 inch above umbilicus along mid inguinal line left.

8. One (1) Punctured wound, « inch above umbilicus along pararectus line, left.

Internal Findings:

Lungs:

Left — Four (4) Punctured wounds, penetrating thru and thru.

Right — Two (2) Punctured wounds, penetrating thru and thru.

Heart:

Left ventricle — Two (2) Punctured wounds, penetrating thru and thru.

Cause of Death:

SHOCK AND PASSIVE INTERNAL HEMORRHAGE SECONDARY TO MULTIPLE FATAL PUNCTURED WOUNDS.

Soon after the occurrence, Mojica with blood stained clothing, surrendered to Jose Magakalas, the prison guard on duty in Dormitory No. 3, stating that he had killed Artus with said "flat-pointed" weapon, which he delivered to Magkalas. Mojica confirmed the foregoing facts in a statement made by him, that evening, at about 8:10 p.m., before Inspector Melito I. Geronimo, of said penal institution, which statement was subsequently sworn to by Mojica before the Acting Assistant Director thereof.

Viewed in the light of this background, it is not difficult to understand why Ala pleaded guilty to the crime charged in the information above quoted. The circumstances obtaining in this case are such as to render it almost impossible to prevent the prosecution from establishing the facts narrarted above. Considering that Ala was, at the time of the occurrence, serving a sentence imposed upon him by final judgment, he must have known that the only retribution indicated by law for his participation in the commission of the crime charged is the extreme penalty (Artticles 160 and 248, Revised Penal Code). His only hope for survival was an appeal for mercy, and a plea of guilty could, perhaps, clear the way therefor. Indeed, from a legal viewpoint, he had nothing to lose by such plea, considering the means available to the prosecution to establish the allegations of the information.

Upon the other hand, said plea might give him a chance, no matter how slim, to impress the Court with a seeming feeling of repentance. In short, it offered the possibility, however remote, of inducing the court to entertain doubts on the advisability of the death sentence and open the door to the imposition of the penalty next lower in degree.

In short, we are satisfied that defendant Primitivo Ala was sufficiently aware of the nature of the charge against him, of the import of his plea of guilty and of its possible consequences, and that he thus assumed a calculated risk.

Wherefore, the decision of the lower court is hereby affirmed, with costs. It is so ordered.

Paras, C.J., Bengzon, Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera and Gutierrez David, JJ.,concur.