11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL.
ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
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June 1949 Decisions > G.R. No. L-1797 June 30, 1949 -
ChanRobles PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL.
Professional Review,
Inc. 084 Phil 148:
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
EN BANC
[G.R. No. L-1797. June 30, 1949.]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
v. RAFAEL MENDOZA, FELIPE SUIZO, AMBROSIO
GARCIA, ANDRES DE MESA, JOSE DIMAANO, and
EUSEBIO HERNANDEZ, Defendants. FELIPE SUIZO,
Appellant.
Tomas Dizo, for Appellant.
ChanRobles On-Line
Bar Review
Assistant Solicitor General Guillermo E. Torres and
Solicitor Lucas Lacson for Appellee.
SYLLABUS
1. CRIMINAL LAW; ROBBERY WITH HOMICIDE; ACCUSED’S
LONG ACQUAINTANCE WITH THE VICTIM AS ONE OF THE
POSSIBLE MOTIVES FOR THE KILLING. — The circumstance
that accused was well known to the deceased couple may
have been one of the reasons that prompted him to silence
them forever by putting them to death.
2. ID.; ID.; LIABILITY OF A PARTICIPANT. — Being a
participant in the robbery, the accused cannot escape
ChanRobles CPA liability for the killing of the spouses just because he did not
Review Online actually take part in the killing, there being no proof that he
made any endeavor to prevent it.
DECISION
REYES, J.:
In the night of July 13, 1946, an armed band raided the
house of Jose Evangelista and his wife, Epifania Cordero, in
barrio Del Remedio, or Wawa, of the City of San Pablo,
Laguna, robbing them of P20, and shooting both of them to
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
death.
Following an investigation by the city police, six persons
were accused of robbery with double homicide for alleged
participation in the above raid. Those accused were Rafael
Mendoza, Felipe Suizo, Andres de Mesa, and three others
who, at the time of the trial, had not yet been apprehended.
Andres de Mesa turned state witness and was excluded from
the information. Rafael Mendoza pleaded guilty and was
sentenced to life imprisonment. Declining to make the same
plea, Felipe Suizo went to trial, which resulted in his
conviction, and the case is now before us on his appeal.
The record shows that appellant’s participation in the crime
ChanRobles Special
charged is established not only by the testimony of one of
Lecture Series
his companions in the raid (the accused Andres de Mesa,
who turned state witness), but also by that of 18-year old
Remedios Cordero, who being one of the inmates of the
house raided, was able to recognize appellant as one of the
raiders. It would appear from the combined testimony of
these two witnesses that on the night in question the six
defendants had set out to rob, the defendant Mendoza being
armed with a .45-caliber pistol and four of the other
defendants with a carbine each. As they came near Jose
Evangelista’s house, Mendoza asked appellant, who lived in
those parts, if they could get anything from there
("makakatipak ba tayo dian?"), and assured that they could,
the group went to the said house and tried to gain entrance
by calling the owner and asking for some oil or an electric
light bulb. As they were told that they could have neither of
these, they asked that the door be opened, saying that they
wanted to speak to the owner. Once the door was opened,
Mendoza went up with three of his codefendants, leaving the
other two downstairs as guards. On the balcony they were
met by the spouses Jose Evangelista and Epifania Cordero,
whom they asked for money. Going into his room,
Evangelista soon came back and handed P20 to Mendoza,
saying that it was all the money he had. But Mendoza did
not believe him and pressed him to give more. Evangelista
replied that they could search the house and was welcome
to any amount they could find. One of the defendants then
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
searched the bedroom, another posted himself at the door
of the balcony, while appellant followed Remedios Cordero
into the dining room and, carbine in hand, told her not to
move or something would happen to her. Mendoza, on his
part, with his hand on his pistol went with the couple to
their room and closed the door behind him. Shortly
thereafter, there was a commotion in that room followed by
a shot, then by the screams of Epifania Cordero and by four
other shots. On hearing the shots, the companions of
Mendoza fled.
After the robbers had left, the dead bodies of Jose
Evangelista and Epifania Cordero, one on top of the other
and drenched in blood, were found in their room. Expert
examination showed that the couple died from gun-shot
wounds. Near their bodies were found five empty cartridges,
caliber .45, which according to a ballistic expert were fired
from the pistol identified in evidence as formerly belonging
to defendant Mendoza but sold by him to one Juan Pandiclan
after the robbery. Andres de Mesa also testified that when
he was already downstairs he saw Mendoza jump out of the
window, pistol in hand, and that, once they were together,
Mendoza told him he had killed the couple.
That same night Remedios Cordero told the chief of police,
that she was able to recognize appellant Felipe Suizo (whom
she then called Iping Bachoy) as one of the robbers, and on
a latter date she was also able to identify, from a group of
case law
twenty persons that were lined up before her, both appellant
criminal records and the defendant Mendoza as two of those who had taken
part in the robbery.
international law
Appellant declared that at the time of the robbery he was
litigation lawyer
sleeping in his house and that he was awakened by his wife
when the latter heard the shots. This declaration, though
dividend stocks
corroborated by his wife, is not entitled to much weight in
view of appellant’s positive identification by the witness
Remedios Cordero as the one who watched her in the dining
room while his companions were searching the house for
money, to say nothing of the testimony of Andres de Mesa,
naming him as one of his companions in the raid.
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
litigation lawyer The defense calls attention to the fact that appellant was a
person well known to the deceased spouses so that he
would not have dared commit the robbery without his face
dividend stocks
being covered, since there was light in the house. But the
circumstance that he was well known to the deceased
stock market couple may have been one of the reasons that prompted
him to silence them forever by putting them to death. And if
law school he did not dispense the same treatment to Remedios
Cordero, it may well be because he was not aware that he
was well known to the latter, it not appearing that he had
law school struck an acquaintance with her, while, on the other hand,
the evidence shows that she was new in those parts as he
hailed from Nueva Ecija, having come to live in the house of
the deceased spouses not long before the robbery.
The explanation for the delay in the arrest of the appellant
despite the fact that his participation in the robbery was
already known to the police on the night of the crime is to
be found in the following testimony of the chief of police: jgc:chanrobles.com.ph
"Q. Can you tell the Court any particular reason why in spite
June-1949 of the fact that Remedios Cordero identified Felipe Suizo as
Jurisprudence one of the four perpetrators of the crime you did not arrest
him until July 29? — A. In the first place, I did not know
who is Iping Bachoy, and it took me time to know who he is.
C.A. No. 793 June 9, At the time I learned who he is, I did not effect the arrest
1949 - MARCOS right away knowing from Amy Cordero that he was not the
ROQUE, ET AL. v. one who killed the couple, so I decided not to effect the
LEONCIA SONGCO, ET arrest right away, because if we did, it may cause the other
AL. to be in hiding. So, what I did was to arrest first the other
because I knew it was easy to arrest Iping Bachoy." (Pages
084 Phil 1 55-56, t. s. n. Rañeses.)
G.R. No. L-1408 Not much importance can be attached to the testimony of
June 11, 1949 - MARIA Rafael Mendoza denying appellant’s participation in the
BAUTISTA v. JOSE B. L. crime. The said testimony was given after Mendoza had
REYES, ET AL. already pleaded guilty, well knowing that any attempt on his
part to free appellant from criminal liability would not in any
084 Phil 3 way redound to his own prejudice.
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
G.R. No. L-1086 There can be no doubt as to appellant’s participation as
June 13, 1949 - BELLA principal in the commission of the robbery in question, it
BERNARDINO, ET appearing from the evidence that he was the one who led
AL.vs. EL ARZOBISPO the gang to the house of the deceased spouses, was the one
CATOLICO DE MANILA who informed them that they could get something from
there, and was also the one who asked the inmates of the
084 Phil 8 house to open the door. In addition, he was the one who
watched Remedios Cordero in the dining room while his
G.R. No. L-1081 companions were ransacking the house. And being a
June 14, 1949 - MARIA participant in the robbery, he can not escape liability for the
DE LA CRUZ v. PEDRO killing of the spouses just because he did not actually take
BUENAVENTURA, ET AL. part in the killing, there being no proof that he had made
any endeavor to prevent it. (Par. 2, Art. 296, Rev. Penal
084 Phil 12 Code; People v. Morados, 40 Off. Gaz. [9th Sup. ], No. 13,
p. 75; U. S. v. Macalalad, 9 Phil., 1; U. S. v. Tiongco, 37
G.R. No. L-670 June Phil., 951; People v. Salumddin, 52 Phil., 670.) .
16, 1949 - SEGUNDA
SANTIAGO, ET AL. v. The crime committed by appellant is that of robbery with
PABLO VALENZUELA, ET homicide and falls under the first paragraph of article 294 of
AL. the Revised Penal Code, punishable with reclusion perpetua
to death. The crime having been committed with the
084 Phil 14 aggravating circumstances of nocturnity, band, and dwelling,
not offset by any mitigating circumstance, the said penalty
G.R. No. L-1522 should be imposed in its maximum degree. But, there being
June 16, 1949 - EL no sufficient votes for the imposition of the death penalty,
PUEBLO DE FILIPINAS the sentence of life imprisonment meted out by the court
v. MARCIANO O. below will have to stand together with the accessory
MERIALES penalties, indemnity and restitution imposed in the decision
appealed from.
084 Phil 18
In so far as the judgment below conforms to this decision,
G.R. No. L-1568 the same is affirmed, with costs against the Appellant.
June 16, 1949 - PEOPLE
OF THE PHIL. v. Moran, C.J., Ozaeta, Paras, Feria, Bengzon, Tuason and
VALENTIN ERAÑA ET Montemayor, JJ., concur.
AL.
Separate Opinions
084 Phil 21
G.R. No. L-2261 REYES, J.:
June 16, 1949 -
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
PAMPANGA BUS CO. v.
EMPLOYEES ASS’N OF
THE PAMPANGA BUS
CO.
084 Phil 31
G.R. No. L-2428
June 20, 1949 - PEOPLE
OF THE PHIL. v. ROQUE
MARIQUlNA, ET AL.
084 Phil 39
I hereby certify that Mr. Justice Pablo and Mr. Justice
G.R. No. L-1855
Perfecto voted in favor of this decision.
June 22, 1949 - FELIPE
C. ALVIAR, ET AL. v.
SANTOS B. PAMPOLINA,
ET AL.
Back to Home | Back to Main
084 Phil 45
G.R. No. L-923 June
24, 1949 - PEOPLE OF
THE PHIL. v. JOSE
DIZON
084 Phil 48
G.R. No. L-1305
June 24, 1949 - PEOPLE
OF THE PHIL. v.
BERNABE GALO
084 Phil 52
G.R. No. L-1513
June 24, 1949 - PEOPLE
OF THE PHIL. v. AKAI,
ET AL.
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
084 Phil 54
G.R. No. L-2063
June 24, 1949 - PEOPLE
OF THE PHIL. v.
CEFERINO BARTIQUIN
084 Phil 59
G.R. No. L-2137
June 24, 1949 - PEOPLE
OF THE PHIL. v.
MAMILLANO GRIAR
084 Phil 64
G.R. No. L-2949
June 24, 1949 -
ROBERT L. WEADOCK,
ET AL., v. MACARIO
OFILADA, ET AL.
084 Phil 68
G.R. No. L-565 June
27, 1949 - PEOPLE OF
THE PHIL. v. ROQUE
BADILI
084 Phil 71
G.R. No. L-1080
June 27, 1949 - PEOPLE
OF THE PHIL. v. JOSE
JAVIER ALMODOVAR
084 Phil 76
G.R. No. L-1373
June 27, 1949 - PEOPLE
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
OF THE PHIL. v.
EUFRONIO VISAGAR
084 Phil 84
G.R. Nos. L-1604, L-
1712 & L-1713 June 27,
1949 - PEOPLE OF THE
PHIL. v. SERVILLANO
FALTADO, ET AL.
084 Phil 89
G.R. Nos. L-1820-21
June 27, 1949 - PEOPLE
OF THE PHIL. v. PAULO
SANTOS, ET AL.
084 Phil 97
G.R. No. L-2012
June 27, 1949 - PEOPLE
OF THE PHIL. v.
SOFRONIO GAJO, ET
AL.
084 Phil 107
G.R. No. L-547 June
28, 1949 - PEOPLE OF
THE PHIL. v. JOSE DE
CASTRO
084 Phil 118
G.R. No. L-1006
June 28, 1949 - PEOPLE
OF THE PHIL. v.
FILEMON ESCLETO
084 Phil 121
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
G.R. No. L-1716
June 28, 1949 -
MATERIAL
DISTRIBUTORS (PHIL.)
, ET AL. v. FELIPE
NATIVIDAD, ET AL.
084 Phil 127
G.R. No. L-2427
June 28, 1949 - PEOPLE
OF THE PHIL. v.
ANATALIO SALIENTE,
ET AL.
084 Phil 136
C.A. No. 8037 June
28, 1949 - DIRECTOR
OF LANDS, ET AL. v.
MAXIMIANO P. MARTIN,
ET AL.
084 Phil 140
G.R. No. L-1794
June 30, 1949 - PEOPLE
OF THE PHIL. v.
VENERANDO VIERNES,
ET AL.
084 Phil 144
G.R. No. L-1797
June 30, 1949 - PEOPLE
OF THE PHIL. v. RAFAEL
MENDOZA, ET AL.
084 Phil 148
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11/3/2020 G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL. <br /><br />084 Phil 148 : June 1949 - Philipppi…
G.R. No. L-2443
June 30, 1949 - PEOPLE
OF THE PHIL. v. JOSE L.
DEMETRIO, ET AL.
084 Phil 153
G.R. No. L-2852
June 30, 1949 -
VICTOR A. BOROVSKY
v. COMM. OF
IMMIGRATION, ET AL.
084 Phil 161
G.R. No. L-48494
June 30, 1949 -
BANQUE GENERALE
BELGE, ET AL. v.
WALTER BULL & CO.,
INC., ET AL.
084 Phil 164
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