Case: People v. Saladino, L-3634, 30 May 1951, 89 Phil.

807

Topic: Impossible Crimes (Art 4, Par 2, RPC)

Petitioner: People of the Philippines

Respondent: Bartolo Saladino and Anastacia Alejo

Facts

In the night of June 23, 1948 Corporal Bartolo Saladino and Private Anastacia Alejo of the
Philippine Constabulary were resting in the house of Celso Abucay in Paoay, Ilocos Norte,together
with policemen Melchor Quevedo, Wilfredo Osman and George Plan of that municipality.

They had gone on patrol duty to the barrio for the purpose of apprehending those who on a previous
night had fired upon the dwelling.

About midnight they were suddenly awakened by cries for help. They went down and were
approached by one Felix Pasion who reported he had been robbed, one of the robbers being Luis
Bernabe.

The next morning, Saladino and Alejo, accompanied by the policemen proceeded to the house of
Luis Bernabe in Barrio Samac of San Nicolas same province. Having found the suspect, they
brought him, for questioning, to the residence of Felix Pasion in Barrio Singao same municipality.

It was about ten in the morning. As Pasion reiterated his imputation, Saladino led Bernabe up the
house for further investigation. He was followed by Anastacio Alejo and the policemen. Bernabe
denied the charge. To extract a confession, Saladino repeatedly boxed and kicked him in different
parts of the body. Bernabe continued denying his guilt. Saladino got a piece of wood, two inched
thick and one yard long, and clubbed him several times on the chest, abdomen and the back. Then
he called on Alejo to take his turn. Alejo reluctantly whipped Bernabe four times with the branch
of a tree, and then retired to the kitchen. Saladino again questioned his prisoner and as the latter
would not admit his culpability, he repeated the severe beating, and tying Bernabe’s wrists together
with a rubber strap, made him stand on a chair, tied the strap to a beam in the ceiling and then
pushed the chair from under Bernabe with the result that the latter was left hanging in the air.
While in that position Bernabe was cudgeled by Saladino, with the wooden club, on the sides,
armpits, stomach, hips and back. It was at this juncture that policeman Plan interceded for the
victim saying, Stop now corporal. Better bring him to your headquarters and there you will
investigate him”. But Saladino ignored plea, and resumed the maltreatment, loudly predicting that
Bernabe would confess before noon. After Bernabe had remained suspended for five minutes,
Saladino untied him, made him sit on a chair and urged him to acknowledge his offense. As
Bernabe persisted in his refusal, Saladino kicked the chair and Bernabe fell on the floor, even as
Saladino pouncing on his captive booted him several times until the latter lay motionless on the
floor. “It seems he is dead,” Policeman Oaman exclaimed. Saladino replied “No, he is only
feigning death” and presently stepped on Bernabe’s throat and chest. Then Saladino let him alone
for fifteen minutes, during which time Bernabe did not stir nor breathe. An old man approaching
Bernabe and taking his pulse said that the man was dead. Suddenly realizing his predicament,
Saladino ordered two civilians to carry Bernabe down and told Alejo: “shoot him now and we will
say that he ran away”. Complying with the corporal’s order Alejo shot Bernabe four times with
his carbine, after the latter had been laid down flat on his stomach about thirty meters away from
the house. Three days afterwards Bernabe was intered.

Issue

Whether or not the accused shall incur criminal liability?

Held

Yes. Bartolo Saladino and Anastacia Alejo shall incur criminal liability.

From the foregoing it is plain that Bernabe having died as a consequence of the violent mauling
by Saladino, the latter must be declared guilty of assassination. Anastacio Alejo does not appear
to have conspired with him, and is not liable either as principal or as accomplice of the murder.
But he is guilty as accessory after the fact for having performed acts tending to conceal Saladino’s
crime by making it appear that Bernabe had run away.

U.S. v. Cuison 20 Phil. 433 is a relevant example. Facundo Balangac was shot from behind by
Private Valentin Fortuna in the cemetery of Barili, Cebu. “Some hours afterwards, the defendant
Cuison with several constabulary privates, among them Valentin Fortuna, went by order of
Lieutenant Poggi to the place where the body of the deceased lay, and commanded the soldiers to
spread out in skirmish like and discharge their firearms into the air; then the defendant, with the
private Fortunam, went to the house of Epimaco Sosa to ask him for a dagger to place beside the
body of a man whom they had shot, thereby to give the appearance that the deceased had been
carrying a dagger.”

This court declared the defendant Cuison guilty of accessory after the fact saying:

“But we do find criminal liability in the acts performed by Corporal Cuison, eventhough he obeyed
orders from his Lieutenant, Poggi; such liability consists in his having intervened subsequently to
the commission of the crime, by furnishing the means to make it appear that the deceased was
armed and that it was necessary to kill him on account of his resistance to the constabulary man,
who, to lend color to such pretended resistance, discharged their firearms into the air, under the
direction of Cuison, at the place there where the corpse was lying; and also consists in his having
tried to find a dagger to place beside the deceased. Such acts must be characterized as concealment,
and since they are not only wrong but also unlawful, the defendant is not exempt from liability,
even though he acted in obedience to a command from his superior, because such command was
illegal and in conflict with law and justice. Therefore it can not be alleged that obedience was due,
or that it exempts the defendant from criminal liability.”
Ruling

Therefore, inasmuch as the penalty imposed on appellant Saladino accords with the law, the
judgment against him is affirmed, with costs.

As to appellant Alejo the appealed decision is revoked and one will be entered sentencing him to
imprisonment for not less than 3 years of prision correctional nor more than six years and two
months, of prision mayor; and in case of insolvency of Saladino to indemnify the heirs of the
deceased in the sum of P6000 without subsidiary imprisonment in case of his own inability to
pay. No costs against this appellant.

So ordered.