The Sangley Point Robery

Republic of the Philippines
SUPREME COURT
Manila

SECOND DIVISION

G.R. No. L-53926-29 November 13, 1989

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
MANUEL MATEO, JR., ESMERALDO CRUZ, EMMANUEL CAGANAP, GENER FILOTEO, MANUEL MENDOZA, ROLANDO REYES, DANNY TOSCO, RENATO MENDOZA, MELANIO MENDOZA, ROBERTO MARTINEZ, ENRIQUE CONCEPCION, CHARLES "DOE", GEORGE "DOE", RICHARD "DOE", BENJAMIN "DOE", FRANK "DOE", JOSEPH "DOE", and ROBERT "DOE", defendants, ENRIQUE CONCEPCION, defendant-appellant.

The Office of the solicitor General for plaintiff-appellee.

Carlos Ambrosio and Mario P. Gomez for defendant-appelant.

PADILLA, J.:

For having allegedly robbed the American Express Bank Branch located inside the United States Naval Base in Sangley Point, Cavite City and killed a U.S. marine officer on the occasion thereof, Manuel Mateo, Jr., Esmeraldo Cruz, Roberto Martinez @ Ruben Martinez, and Enrique Concepcion, members of the Cavite City police department, and Emmanuel Caganap, Gener Filoteo, Manuel Mendoza, Rolando Reyes, Danny Tosco, Renato Mendoza, Melanio Mendoza, and seven (7) persons whose Identities have remained unknown, were charged before the Circuit Criminal Court of Pasig, Rizal, with the crime of Robbery in Band with Homicide, and three (3) separate crimes of Robbery in Band, docketed therein as CCC-VII-843-Cavite City to CCC-VII-846-Cavite City, inclusive, committed as follows:

1. CCC-VII-843-Cavite City:

That on or about the 4th day of June, 1971, in Cavite City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating and helping one another, and with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence, and intimidation did, then and there wilfully, unlawfully and feloniously rob, take and carry away from the American Express Bank Branch, a private firm duly represented by Antonio Laforteza, resident special agent, of the amount of $41,120.79 and P96,532.38, to the damage and prejudice of the latter in the aforesaid amount of $41,120.79 and P96,532.38; that as a consequence of an encounter during said Robbery in Band, the person of First Lt. James Plumpowski, USMC, who at that time responded to the alarm flashed by the bank personnel, sustained serious wounds on the vital parts of his body which caused his death.

The aggravating circumstances attendant thereto are the following:

1. Use of Motor Vehicle;

2. Taking advantage of superior strength;

3. Committed in band, all being armed;

4. Committed with the aid of persons who insure or afford impunity;

5. Committed with evident premeditation; and

6. That craft, fraud, or disguise was employed. ¹

1. CCC-VII-844-Cavite City:

That on or about the 4th day of June 1971, in Cavite City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating and helping one another, with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence and intimidation, did then and there wilfully, unlawfully and feloniously rob, take and carry I away from Antonio Araquel, the following articles, to wit:

Man's wrist watch "Wiseman" valued at P50.00

Shoes valued at 21.00

Cash money in the amount of 15.00

Gate pass (unestimated amount) P86.00

to the damage and prejudice of the latter in the aforementioned amount of P86.00.

The aggravating circumstances attendant thereto are the following:

1. Use of motor vehicle;

2. Taking advantage of superior strength;

3. Committed in band, all being armed;

4. Committed with the aid of persons who insure or afford impunity;

5. That craft, fraud or disguise was employed. ²

3. CCC-VII-845-Cavite City:

That on or about the 4th day of June 1971, in Noveleta, Province of Cavite, Philippines and within the jurisdiction of its Honorable Court, the above-named accused conspiring and confederating and helping one another, with intent of gain and against the will of the owner thereof, armed with firearms, by means of force, violence and intimidation did, then and there wilfully, unlawfully and feloniously rob, take and carry away from the Aguinaldo Development Corporation ( Goody-Goody Bakery), a delivery truck with Plate No. 42-24xx, Manila 1971, valued at $1,500.00 which Aguinaldo Development Corporation is duly represented by Atty. Carlos, to the damage and prejudice of the latter corporation in the aforeamount of $1,500.00.

The aggravating circumstances attendant thereto are the following:

1. Use of Motor Vehicle;

2. Taking advantage of superior strength;

3. Committed in band, all being armed;

4. Committed with the aid of persons who insure or afford impunity;

5. Committed with evident premeditation; and

6. That craft, fraud or disguise was employed. ³

4. CCC-VII-846-Cavite City:

That on or about the 4th day of June, 1971, in Cavite City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring and confederating and helping one another, with intent of gam and against the will of the owner thereof, armed with firearms, by means of force, violence and intimidation did, then and there wilfully, unlawfully and feloniously rob, take and carry away from Rodrigo Estrebillo his Driver's License valued at P6.00, to the damage and prejudice of the afore-said driver in the amount of P6.00.

The aggravating circumstances attendant thereto are the following :

1. Use of Motor Vehicle;

2. Taking advantage of superior strength;

3. Committed in Band, all being armed

4. Committed with the aid of persons who insure or afford impunity; and

5. That craft, fraud or disguise was employed. ⁴

When arraigned, the accused entered pleas of NOT GUILTY, except for Emmanuel Caganap who pleaded GUILTY to the charges and was accordingly sentenced, in Crim. Case No. CCC-VIII-843- Cavite City, to suffer the penalty of reclusion perpetua; to indemnify the heirs of the deceased Lt. James Plumpowski in the amount of P12,000.00; to pay the American Express Bank Branch, thru Antonio Laforteza, the amounts of $41,120.79 and P96,532.38; to pay the amount of P10,000.00 as moral damages and another P10,000.00 as exemplary damages, and to pay the costs; and in CCC-VII-844-Cavite City, CCC-VII-845-Cavite City and CCC-VII-846-Cavite City, to suffer the penalty of from two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to four (4) years and two (2) months of prision correccional, as maximum, in each of the aforestated cases; and to indemnify the complainants Antonio Araquel in the amount of P86.00; the Aguinaldo Development Corporation, in the amount of $1,500.00; and Rodrigo Estrebillo, in the amount of P6.00; and to pay the costs. ⁵

The accused Rolando Reyes subsequently withdrew his plea of NOT GUILTY and pleaded GUILTY to the charges. He was consequently sentenced, in Crim. Case No. CCC-VII-843-Cavite City, to suffer the penalty of reclusion perpetua; to indemnify the heirs of the deceased Lt. James Plumpowski in the amount of P12,000.00; to pay the American Express Bank Branch, thru Antonio Laforteza, the amounts of $41,120.79 and P96,532.38; to pay the amount of P10,000.00 as moral damages and another P10,000.00 as exemplary damages; and to pay the costs; and in Crim. Cases Nos. CCC-VII-844- Cavite City, CCC-VII-845-Cavite City and CCC-VII-846-Cavite City, to suffer the penalty of from two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to four (4) years and two (2) months of prision correccional, as maximum, in each of the aforesaid cases; and to indemnify the complainants Antonio Araquel in the amount of P86.00, the Aguinaldo Development Corporation, in the amount of $1,500.00, and Rodrigo Estrebillo in the amount for P6.00; and to pay the costs. ⁶

On 5 November 1973, upon motion of the City Fiscal, the charges against the accused Manuel Mendoza were dismissed. ⁷

After a joint trial of the cases and an assessment of the evidence presented by the parties, judgment was rendered by the court a quo on 5 November 1979, as follows:

WHEREFORE, in Criminal Case No. CCC-VII-843-Cavite City, the Court finds the accused Manuel Mateo, Jr.; Esmeraldo Cruz, Gener Filoteo, Renato Mendoza, Melanio Mendoza, Roberto Martinez @ Ruben Martinez and Enrique Concepcion GUILTY beyond reasonable doubt of the crime of Robbery in Band with Homicide, as defined in paragraph 1, Article 294 of the Revised Penal Code, as charged in the Amended Information; and the Court hereby sentences all of the said accused to suffer the penalty of RECLUSION PERPETUA, with accessory penalties prescribed by law; ordering them to indemnify jointly and severally the heirs of the offended party, Lt. James Plumpowski in the amount of Twelve Thousand Pesos (P12,000.00); ordering them to pay jointly and severally the American Express Bank Branch, thru Antonio Laforteza, the amount of Forty-one Thousand One Hundred Twenty Dollars and Seventy-nine Cents ($41,120.79), or its equivalent in Philippine Currency, and the amount of Ninety-six Thousand Five Hundred Thirty-two Pesos and Thirty-eight Centavos (P96,532.38); and to pay their proportionate share of the costs.

In Criminal Case No. CCC-VII-844-Cavite City, the Court finds the accused Manuel Mateo, Jr., Esmeraldo Cruz, Gener Filoteo Renato Mendoza, Melanio Mendoza, Roberto Martinez @ Ruben Martinez, and Enrique Concepcion GUILTY beyond reasonable doubt of the crime of Robbery in Band, as defined in paragraph 5, Article 294 of the Revised Penal Code, as charged in the Amendment Information; and the Court hereby sentences all of the said accused to suffer imprisonment of FOUR (4) YEARS, TWO (2) MONTHS and ONE (1) DAY, as minimum, to SIX (6) YEARS, as maximum, with accessory penalties prescribed by law; ordering them to indemnify jointly and severally the offended party, Antonio Araquel, in the amount of Eighty-six Pesos (P86.00); and to pay their proportionate share of the costs.

In Criminal Case No. CCC-VII-845-Cavite City, the Court finds the accused Manuel Mateo, Jr., Esmeraldo Cruz, Gener Filoteo, Renato Mendoza, Melanio Mendoza, Roberto Martinez @ Ruben Martinez, and Enrique Concepcion GUILTY beyond reasonable doubt of the crime of Robbery in Band, as defined in paragraph 5, Article 294 of the Revised Penal Code, as charged in the Amended Information; and the Court hereby sentences all of the said accused to suffer imprisonment of FOUR (4) YEARS, TWO (2) MONTHS, and ONE (1) DAY, as minimum, to SIX (6) YEARS, as maximum, with accessory penalties prescribed by law; and to pay their proportionate share of the costs.

In Criminal Case No. CCC-VII-846-Cavite City, the Court finds the accused Manuel Mateo, Jr., Esmeraldo Cruz, Gener Filoteo, Renato Mendoza, Melanio Mendoza, Roberto Martinez @ Ruben Martinez, and Enrique Concepcion GUILTY beyond reasonable doubt of the crime of Robbery in Band, defined in paragraph 5, Article 294 of the Revized Penal Code. as charged in the Amended Information, and the Court hereby sentences all "he said accused to suffer imprisonment of FOUR YEARS, TWO 2) MONTHS and ONE DAY, asminimum, to SIX (6) YEARS, as maximum, with accessory penalties prescribed by law; ordering them to indemnify jointly and severally the offended party, Rodrigo Estrebillo, in the amount of Six Pesos (P6.00); and to pay their proportionate share of the costs.

In the service of the sentence, all of the said accused are entitled to Article 29 of the Revised Penal Code, as amended by Republic Act No. 6127.

As regards the accused Danilo Tosco @ Danny Tosco this Court finds the evidence against him insufficient to warrant his conviction beyond reasonable doubt for all the crimes charged in Criminal Cases Nos. CCC-VII-843, 844, 845 and 846-Cavite, and hereby ACQUITS said accused. ⁸

From this judgment, the accused Manuel Mateo, Jr., Esmeraldo Cruz, and Enrique Concepcion appealed. Manuel Mateo, Jr. and Esmeraldo Cruz, however, subsequently withdrew their appeals. ⁹

The incriminatory facts of these cases, as contained in the People's Brief, are as follows:

At about 4:45 o'clock in the morning of June 4, 1971, Rodrigo Estrebillo was driving the Goody-Goody delivery truck of the Aguinaldo, Inc., coming from its bakery at V. Mapa, Manila to deliver bread at the then U.S. Naval Base at Sangley Point, Cavite City. With Estrebillo in the truck was Antonio Araquel a helper. At approximately 7:00 o'clock of the same morning of June 4, 1971, while the Goody-Goody truck was travelling at the Lido Beach Resort and upon reaching a curve near Long Beach, a passenger jeep with armed men on board suddenly cut across the way of the Goody-Goody truck. Estrebillo immediately stopped the truck. Three armed men alighted from the jeep and one of them poked a gun at Estrebillo, shoved him to the side and took over the wheels of the Goody-Goody truck. The second armed man likewise poked a gun at Antonio Araquel and ordered him to alight from the truck and to go inside the passenger jeep. The third man blindfolded Estrebillo with an undershirt and sat in front of the truck sandwiching Estrebillo between him and the other armed man. Estrebillo Identified the armed man who poked a gun at him as Roberto or Ruben Marinez. Araquel Identified the man who pointed a gun at him and ordered him to go to the passenger jeep as Gener Filoteo. The man who took over the driver's seat from Estrebillo was Identified as Emmanuel Caganap. Thereafter, the passenger jeep proceeded to Bay Court Hotel in Cavite City near the police checkpoint. Following the passenger jeep was the Goody- Goody truck driven by Emmanuel Caganap,

At the Bay Court Hotel, Estrebillo and Araquel were brought inside a room. Estebillos blindfold was removed. Martinez asked Araquel how to use the gate pass to enter Sangley Point and the latter informed Martinez that the receipt for the bread should be stamped by a doctor before actual delivery. Martinez took the gate pass and the receipt for the bread from Araquel as well as Estrebillo's driver's license. Araquel was stripped of his watch worth P50.00, shoes worth P20.00 and cash money of P15.00. Estrebillo and Araquel were warned by Martinez that they would be killed and be seen floating in the sea should they tell anyone what happened.

Aside from Martinez and Filoteo, who were Identified by Estrebillo and Araquel other armed men were Identified by Marilyn Tordecillas Orendain, wife of the Assistant Manager of the Bay Court Hotel, Gin Moe alias Lee. Mrs. Orendain was at the hotel at 6:00 o'clock in the morning of June 4, 1971. They saw Roberto Martinez and Enrique Concepcion arrive. She also Esmeraldo Cruz come in when Martinez asked for a drink. Concepcion sat in front of Mrs. Orendain a little away from the counter. At past seven o'clock of the same morning, she saw a passenger jeep arrive with armed men followed by a Goody-Goody truck. The jeep parked near the second house in the house compound, while the Goody-Goody truck went straight to the fourth house and then returned to the second house where the jeep was parked. Also among the group were Manuel Mateo, Jr., or June Mateo, the brothers Melanio and Renato Mendoza, a certain Doming, Didong, Lando and Eddie Mata.

It was at the Bay Court Hotel where Martinez spelled out the details of the plan to rob the American Express Bank inside Sangley Point. At about 10:00 a.m., after Martinez had acquired the necessary information as to how the entrance to the U.S. Naval Base at Sangley Point could be effected, the Goody-Goody truck, driven by Emmanuel Caganap, left the Bay Court Hotel and proceeded to the base. Beside Caganap in front of the truck was Gener Filoteo. Inside the truck were Rolando Reyes. Renato and Melanio Mendoza, Doming and Didong. The rest of the group comprising Martinez, Mateo, Cruz, Concepcion and Eddie Mata rode in a jeep in going to Sangley Point.

xxx xxx xxx

Martinez also suave out last-minute instructions. He told the men in the Goody-Goody truck that his group composed of himself, Mateo, Concepcion Cruz, Eddie Mata and Lando and would be outside the base and would fire to confuse the Americans. Martinez further said that if there be any danger, hostages would have to be taken.

And so, at about ten o'clock in the morning of June 4, 1971, in furtherance of the conspiracy, with Caganap driving, with Filoteo beside him, and with Reyes, Melanio and Renato Mendoza, Doming and Didong inside the Goody-Goody truck, the group proceeded towards the American Express Bank inside Sangley Point. While still away from the bank, Gener Filoteo and Renato Mendoza alighted from the Goody-Goody truck and walked to the bank. On the pretext that they were looking for the Administration Building, they asked a U.S. Marine on guard posted at the bank where the Administration Building is located. However, the marine did not understand the question, is he did not answer. Filoteo and Renato Mendoza then asked a Filipino who was there at the moment, and the Filipino pointed to the Administration Building. Filoteo and Renato Mendoza proceeded to cross the street towards the Administration Building. At the moment, the Goody- Goody truck arrived. Immediately, Filoteo and Mendoza returned to the bank pointed their guns at the marine on guard, Para Guadalupe, handcuffed him at the railings of the stairs in front of the bank and took the marine's shotgun and radio. Almost simultaneously, the armed men inside the Goody-Goody truck alighted and proceeded inside the bank. Filoteo and Renato Mendoza followed but not until after Filoteo had ordered two of the "cuadra" boys to stand guard outside the bank near the handcuffed marine, Para Guadalupe. The latter recognized from the picture, Exhibit "G-3", the man wearing a cap, and Identified him as Gener Filoteo, as one of the two armed men who approached him, handcuffed him and took his shotgun and radio. According to him the two armed men standing outside the bank near the place where he was handcuffed. fired shots in the air to scare people.

Ismael Bob Pittman, a U.S. marine assigned at the U.S. Naval Base, Sangley Point, was inside the barracks when he heard the bank alarm. Responding to the alarm, Pittman and several other U.S. marines, among whom were Capt. Taylor, S/Sgt. Mc Daniel, Sgt. Greene, Cpl. Mitchell, Pfc. Thompson, boarded a marine truck and proceeded direction of the bank. There was an exchange of gunfire between the marines and the armed men in the bank. Pittman hid behind a tree, but could not return fire as he left his firearm in the marine vehicle. In the ensuing gunbattle Pittman and Para Guadalupe saw Lt. James Plumpowki fatally shot.

Inside the American Express Bank, the employees were performing their usual duties. Helena Parcero was secretary and assistant vault custodian. Nicanor Obtera was senior teller and senior custodian of the bank. Other employees were Lucila Santos. teller No. 5; Edgardo Moncal, teller No. 2; and Angelina Basto The Bank Manager, Robert Gilman, was in his office. When the four or five armed men entered the bank, one of them shouted, "Everybody, do not move; this is a hold-up," and asked for the Manager. Nicanor Obtera pointed to the Bank Manager, who came out from his office. Upon orders from the armed men, Gilman told Obtera to open the vault. Obtera and Parcero then opened the vault, with two armed men behind them. After the two safes in the vault were opened, the armed man holding a sack ordered Obtera and Parcero to take the pesos from one safe and the dollars from the other safe and to place them in the sack.

During the shooting that ensued, the man armed with a rifle was hit in the head. The bleeding man sat near the grill door of the vault, took off his shirt and tied it around bis head. This man was Identified as Renato Mendoza. Another gunman was shot and who was later Identified as Emmanuel Caganap. One of the gunmen, known as Doming was killed.

Meanwhile, Daniel Luchyz, a U. S. navyman who was standing in front of the American Express Bank at the time the Goody-Goody truck passed, was ordered by the armed man carrying a rifle to go inside the bank, and there he was told by the man carrying .45 caliber pistol and with a gun slung across his shoulder, to carry the sack of money outside the bank. The other armed men took hostages with them, rushed out of the bark towards a parked marine truck, boarded the vehicle, sped towards the west gate and made their exit at the portion of the gate where the wire fence was cut two days before the incident. A group of armed men waited outside the fence for their companions and they all made their escape with the bank loot.

Almost at the same time that the bank heist was happening, another scene was transpiring at the main gate of the U.S. Naval Base at Sangley Point, John L. Tori, Jr. a U.S. marine stationed at Sangley Point, was at the main gate of the base at about ten o'clock in the morning of June 4, 1971 with his wife Joselita Tori to shop at the base commissary. When he heard the alarm, he went back to the gate to close it. Tori heard four shots outside the gate and saw a woman running towards the gate. Tori also saw a man running towards Post No. 3 holding and firing a .45 caliber pistol. Tori Identified him as Manuel Mateo Jr., Tori also saw another armed man who fired his weapon. A jeep with motor still running was parked outside the fence of the base about a yard from the tower post. Tori Identified Esmeraldo Cruz as the one seated inside the jeep with another man with his back turned. After helping to safety a woman and a child inside the gate, Tori ran towards Post No. 3, where marine Elliot J. Grey was on guard duty, positioned at the tower located at the fence along the Street.

Elliot saw a jeep pass the tower three times and at the fourth time, the jeep pulled off in a corner and two men got out of the jeep, who started filing inside the base, one with .45 caliber pistol and the other with a Thompson sub-machine gun. As the two men "fired, they ran down the street behind the jeep which turned to the corner. Elliot then got out of the tower and ran to the main gate, met Tori and helped to move people recover. About two three minutes after the men fired from outside the base, Elliot heard firing from the direction of the American Express Bank. Elliot proceeded to the bank and had an argument with the wife of the Bank Manager, who wanted to go to the bank to see her husband, but Elliot brought her to safety inside a house. Elliot identified Mateo as the gunman who fired the .45 caliber pistol and Martinez as the man who fired the Thompson submachinegun.

Merle Dyer is a journalist of the U.S. Navy, Subic Naval Base. On June 4, 1971, he was assigned to the U.S. Naval Base at Sangley Point as a photographer. Dyer had no actual knowledge that a robbery was being committed at the American Express Bank, but he had a feeling that something was happening from what he saw and heard. He loaded 20 films in his Nikkon 35mm camera, with 105 mm. lens. He positioned himself at the glass of the window in an office about 75 meters away from the scene. In kneeling position, Dyer took several pictures, using 19 of the 20 films in his camera. The films were processed by a technician and photograph officer at the base laboratory. Among the films were being processed, Dyer was outside the door of the laboratory. Among the films developed, the following are the significant ones:

Exhibit "C" depicts an American holding a gun crouched near a panel truck. In the background is the building housing the American Express Bank inside the U.S. Naval Base at Sangley Point Exhibit "C-1-a" depicts an armed in prone position near a tree with a motorcycle nearby . Exhibit "C-2-a" shows an armed man emerging from the bank building which is a sequence to Exhibit "C- l". Exhibit "C-3-a" shows a dead man near a tree, one of the armed robbers. Exhibit "C-4-a" shows the American hostage, Daniel Luchyz carrying the sack of money and behind him is the gunman later Identified as accused Gener Filoteo. This is a sequence to Exhibit "C", Exhibit "C-5" is blowup of Exhibit "C-4" in which the marine hostage Daniel Luchyz and the up accused Gener Filoteo, Exhibit "G-5-b", are depicted. Exhibit "C-6" shows another gunman herding hostages, Exhibit "C-6-a". Exhibit "C- 7" shows accused Filoteo at the back of the American hostage Daniel Luchyz, Exhibit "C-7-b" with Goody-Goody truck, Exhibit "C-7-a", clearly visible. Exhibits "C-8", "C-9" and "C-10" depict accused Renato Mendozawith bandaged head at the back of the Manager of the American Express Bank. Exhibit "C-11" clearly shows accused Gener Filoteo, Exhibit "C-11-c", pointing a gun at the American hostage Daniel Luchyz Exhibit "C-11-b", who was carrying the sack of money near the Goody-Goody truck, Exhibit "C-11-a". Exhibits "C-12" and "C-13" show accused Renato Mendoza with bandaged head, holding a gun behind the Bank Manager with raised hands and the American hostage Daniel Luchyz, Exhibit "C-12-a-l", Exhibit "C- 13-b-l", carrying the sack of money near the Goody- Goody truck. Exhibit "C-1 4 clearly shows the accused Renato Mendoza, with bandaged head behind Bank Managers Rolando Reyes, Exhibit "C-14-1", and Melanio Mendoza, Exhibit "G3". Exhibits "C-15" and "C-16" show the persons being herded by a gunman in front of the bank.

Dr. William Hunter, Jr., a physician of the U.S. Naval Command Institution at San Miguel Zambales was working at the dispensary of the U.S. Naval Base at Sangley Point on June 4, 1971. At about 10:50 a.m. the body of the slain Lt. James Plumpowski was brought into the dispensary. Together with two other doctors, Dr. Hunter examined the body of Lt. Plumpowski found two large wounds on the left side of the chest (Exhibits "B-1-a" and "B-1-b") and a small wound on the left arm (Exhibit "B-1-c"). The marine officer was dead on arrival at the dispensary (Exhibit "B"). Cause of death was external and internal hemorrhage due to gunshot wounds.

Meanwhile at the Bay Court Hotel where the armed group left Rodrigo Estrebillo and Antonio Araquel driver and helper of the Goody-Goody truck, respectively, it was about 2:30 oclock in the afternoon of June 4, 1971 that the two left the hotel. They went towards the police checkpoint in front thereof and boarded a Saulog bus to Manila. Stopping at Baclaran, Estrebillo and Araquel took the JD transit bound for Monumento, alighting at Mandaluyong and from there proceeded towards Quiapo dropping at the Aguinaldo, Inc. office at V. Mapa, Manila. After Estrebillo reported the incident, he was accompanied to the NBI office by Atty. Fernandez, lawyer of the Aguinaldo, Inc., and there Estrebillo narrated what happened to him and Antonio Araquel Atty. Rogelio M. Carlos, Assistant Chief Legal Counsel of the Aguinaldo, Inc., Identified the Goody-Goody truck as one of the properties of the Aguinaldo, Inc. (Exhibits "H" and "H-l") valued at $1,500.00 (Exhibit "H-2") Incidentally, the Goody-Goody truck was released to its owner on July 5, 1971 by the Cavite PC Command at Imus Cavite.

After the robbery, Antonio Laforteza, agent of the American Express Company, conducted an investigation on June 4, 1971, together with the company travelling auditor. The investigation revealed that the loss sustained by the American Express Bank as aresult of the armed robbery amounted to P96,532.38 and $41,120.79 (Exhibit "M").

Immediately after the robbery of the American Express Bank, PC forces under Col. Daniel G. Lira, PC Cavite Provincial Commander, captured Emmanuel Caganap, one of the wounded gunmen, in a house in Cavite City. Interviewed by M/Sgt. Prospero B. Gapas of the Cavite PC Command, Caganap confessed and admitted his participation in the Sangley Point holdup and named as his companions, Ruben Martinez Enrique Concepcion, Manuel Mateo, Jr., Rolando Reyes, and Renato Mendoza. Caganap also stated in the interview which was reduced into writing by Sgt. Gapas (Exhibit "A") that Ruben Martinez supplied them with three .45 caliber pistols, two carbines, and three M-16 armalites.

At about 5:30 p.m. of the same day, June 4, 1971, the military authorities under Col. Lira received information that Martinez, Concepcion and Mateo were at the residence of Fiscal Dante Filoteo at 535 Guzman Street, Caridad, Cavite City. The house was cordoned and guarded to prevent escape. At 6:00 p.m., Col. Lira met Fiscal Filoteo two or three blocks away from his house. Fiscal Filoteo was informed that the three suspects in the robbery (Martinez, Concepcion and Mateo) were in his house and that he should help facilitate their surrender, but Fiscal Filoteo refused. At about 8:00 p.m., Col. Lira met Mayor Dones of Cavite City, Governor Montano and Fiscal Filoteo at the Pagoda Restaurant. Montano and Dones joined in convincing Filoteo to help in the surrender of the three suspects. Again Filoteo declined and said he was afraid to go to his house because there might be shooting, Finally, at one o'clock in the morning of June 5, 1971 when Fiscal Filoteo learned that the Chief of the Philippine Constabulary would not countermand Col. Lira's order, Fiscal Filoteo relented and accompanied by Police Chief Del Rosario of the Cavite City Police, Fiscal Filoteo went to his house. Thereafter, Fiscal Filoteo came out with Martinez, Mateo and Concepcion. Confiscated were an armalite from Concepcion (Exhibit "O-1") and "a carbine from Martinez (Exhibit "O-2"). The three suspects were brought to Camp Crame immediately for investigation. However, only Martinez gave a statement (Exhibit "U"), while Mateo and Conception refused.

On September 30, 1971, elements of the PC-CIS arrested Rolando Reyes in barrio Pugad, Hagonoy, Bulacan. Taken to the CIS office at Camp Crame, Reyes was investigated by T/Sgt. Marcial Admana on October 1, 1971 in the presence of CIS Senior Agent Berlin Castillo and Investigating Agent Cesar Catibog. In an extra-judicial confession (Exhibit "P"), Rolando Reyes narrated in detail the circumstances surrounding the bank robbery in Sangley Point, Cavite City and he named his co-accused herein as participants in the said robbery.

On December 9, 1972, Gener Filoteo was arrested by CIS agents in his place of work in Cavite City. On December 11, 1972, he gave a statement to the CIS before Sgt. Jacinto Astrero which corroborated in substantial detail the confession of Rolando Reyes. Filoteo's extrajudicial confession appears in Exhibit "Q", "Q-l" to "Q-7" and Identified himself, Rolando Reyes, Renato and Melanio Mendoza in the pictures (Exhibits "Q-8" and "Q-9").

On December 16, 1972, the brothers Renato and Melanio Mendoza, accompanied by their mother and former Vice-Mayor of Imus Francisco Herrera, went to see Gen. Cicero Campos at U.P. Village to surrender. As Gen. Campos was not at home, they were told by an aid to proceed to the CIS at Camp Crame. Before Sgt. Astrero Melanio Mendoza executed an extra-judicial confession (Exhibits "R", "R-l" to "R-3"), describing in detail the armed robbery at the American Express Bank at Sangley Point on June 4, 1671. Melanio Mendoza corroborated in material points the confession of Rolando Reyes and Gener Filoteo. On the other hand, Renato Mendoza executed and signed a statement (Exhibits "S" and "S-l") affirming the truth of his brother Melanio's confession. ¹⁰

The appellant, Enrique Concepcion, denied having participated in the commission of the crimes charged and interposed the defense of alibi. The trial court summarized his evidence, as follows:

Accused Enrique Concepcion was a police sergeant of Cavite City on June 4, 1971, in-charge of the mobile patrol with tour of duty from 8:00 p.m. to 4:00 a.m.. According to Concepcion, he went home after his tour of duty was finished, took his snack, and was about to sleep when policeman Esmeraldo Cruz arrived at about past 5:00 a.m. Cruz told him that Vice-Mayor Eduardo de Guzman would like to talk to him about the suspected killer of the brother of the Vice-Mayor. Concepcion told Cruz that he would follow. Cruz rode in the mobile car, while, Concepcion took his jeep.

At Salem Restaurant Concepcion talked to Vice-Mayor De Guzman who told him to go to the check-point to prevent the escape of the killer of his brother. It was past 5:00 a.m. when Concepcion and Cruz left the restaurant. Cruz parked the mobile car at his house and rode with Concepcion in the latter's service jeep to the check-point, arriving there at 6:00 a.m..

Cpl. Felix Tiongco was at the checkpoint, Tiongco asked Concepcion and Cruz why they came and he was told that Vice- Mayor De Guzman ordered them to be on the look-out for the killer of the Vice-Mayor's brother, a certain Roberto Javitan. Pat Manuel Mateo, Jr., also arrived at the checkpoint. At about 9:30 a.m., Cpl. Tiongco received a call from the Vice-Mayor and he told him that Concepcion and Cruz may go home already. Tiongco relayed the message of the Vice-Mayor to Concepcion and Cruz.

At the same moment, a spare-parts dealer from Pasay City, Benigno Medina, arrived at the checkpoint in a jeep containing spare parts for a jeep that Concepcion was then assembling. Medina met Concepcion at the checkpoint and they went together in Medina's jeep to Concepcion's house at Makisig Street, San Antonio, Cavite City, to deliver the spare parts. After unloading the spare parts, while Concepcion and Medina were having snack, Concepcion's wife arrived from the market at about 11:00 a.m. She told Concepcion that there was a robbery at Sangley Point. Immediately, Concepcion went to the police headquarters taking Medina's jeep. He carried with him an armalite and a .38 Cal. revolver. Concepcion asked the Desk Officer Pfc. Virgilio Salazar (now dead) about the Sangley Point incident, and he was told by Salazar that he was a suspect with a shoot-to-kill order for him and that he better see the Police Chief Del Rosario.

Concepcion, went to Del Rosario's residence and was waiting for more than an hour, when Fiscal Dante Filoteo arrived. Concepcion told Fiscal Filoteo that he was a suspect in the Sangley Point case and that there was a shoot-to-kill order for him by the PC. Filoteo told Concepcion that he would contact the PC Commander about it. Concepcion stayed until about 1:00 p.m. at the house of the Chief of Police, but he left when the Police Department called the Chiefs house that he could not come home. Concepcion then proceeded to Fiscal Filoteo's house. At about 2:00 p.m., Mateo and Martinez arrived at the Fiscal's house and told Concepcion that they too were suspects in the Sangley Point robbery; that they also went to the residence of Chief of Police, but did not see him that they were told that Concepcion went to the residence of Fiscal Filoteo; and that they followed to seek the aid of the Fiscal to surrender.

At past midnight of June 5, 1971, Fiscal Filoteo arrived at his house, which was then surrounded by soldiers. Concepcion recognized Fiscal Filoteo and told him to come in. Filoteo led the three-Concepcion, Martinez and Mateo-outside and surrendered them to Col. Lira, the Provincial Commander. According to Concepcion, a.38 caliber revolver was grabbed from his waist by a PC soldier. No receipt was issued to him for the revolver because according to him, there was a commotion when the PC Soldiers disarmed Fiscal Filoteo of his firearm. At past 1:00 a.m., Concepcion, Martinez and Mateo were brought to the CIS, Camp Crame, where they were investigated and charged with illegal Possession of firearms. However, they were acquitted of the offense (Exhibit "3-Concepcion"). ¹¹

This appeal involves the determination of the question of whether or not the accused-appellant Enrique Concepcion conspired with his co-accused in the commission of the crimes charged. Counsel for the appellant contends that there is no iota of proof that the appellant actually participated in the commission of the offenses charged and/or in the furtherance of a conspiracy to rob the American Express Bank at the U.S. Naval Base in Sangley Point, Cavite.

The contention is devoid of merit. Conspiracy need not be proved by direct evidence. It need not be shown that the parties actually came together and agreed in express terms to enter into and pursue a common design. The assent of the minds may be and, from the secrecy of the crime, usually inferred from proof of facts and circumstances which, taken together, indicate that they are parts of some complete whole. If it is proved that two or more persons aimed by their acts, at the accomplishment of the same unlawful object, each doing a part so that their acts, though apparently independent, were in fact connected and cooperative, indicating a closeness of personal association and a concurrence of sentiment, a conspiracy may be inferred though no actual meeting among them to concert ways and means is proved. ¹²

In the instant cases, the accused Emmanuel Caganap, Rolando Reyes, Gener Filoteo, Melanio Mendoza and Renato Mendoza stated in their extra-judicial confessions given to PC investigators soon after their arrest, ¹³ that the appellant, Enrique Concepcion, was their companion in robbing the American Express Bank Branch in the U.S. Naval Base in Sangley Point on 4 June 1971. Rolando Reyes and Gener Filoteo also stated that the appellant was one of those who acted as "look-outs" outside the base and waited for them outside the hole they had previously made in the wire fence to facilitate their exit from the naval base. Melanio Mendoza and Gener Filoteo further stated that they saw the appellant inside the Bay Court Hotel talking to Ruben Martinez. These extra-judicial confessions were given when the presumption of law was in favor of spontaneity and voluntariness of a confession and it was incumbent upon the accused to destroy that presumption; ¹⁴ and yet, no evidence had been presented to overcome that presumption except the retracting testimonies of Gener Filoteo, Melanio Mendoza, and Renato Mendoza to the effect that they did not give the implicatory statements. However, the accused Emmanuel Caganap and Rolando Reyes, who both pleaded guilty, did not recant their statements. ¹⁵ Besides, the recitals therein reflect spontaneity and coherence and are replete with details that only the confessants could have known and supplied.

The appellant claims, however, that the said extra- judicial confessions of his co-accused should not be taken against him following the rule of res inter alios acta.

The cited rule is not absolute. In the case of People v. Ty Sui Wong, ¹⁶ the Court said:

Since People vs. Badilla, the rule which has been reiterated by this Court in various cases is that extrajudicial confessions, independently made without collusion, which are Identical with each other in their essential details and are corroborated by other evidence on record, are admissible as circumstantial evidence against the person implicated to show the probability of the latter's actual participation in the commission of the crime.

Inasmuch as there is no proof of collusion among the declarants, their confessions should, therefore, be read together to form a complete picture of the commission of the crime and considered collectively as corroborative or confirmatory of the evidence apart from the confessions themselves.

There is no evidence of collusion and the extra-judicial confessions of appellant's co-accused are corroborated by Marilyn Tordecillas Orendain, wife of the Assistant Manager of the Bay Court Hotel, who declared that she saw the appellant. Enrique Concepcion, at a little past 6:00 o'clock in the morning of 4 June 1971 in the Bay Court Hotel together with the accused Roberto Martinez and five (5) armed men who rode in a jeep and escorted the Goody-Goody truck to the hotel premises and left the hotel together at about 9:00 o'clock that morning.

Conspiracy can also be inferred from the fact that after the commission of the robbery in the U.S. naval base, the accused appellant and his co-accused, Manuel Mateo, Jr. and Roberto Martinez, fled together to the house of Fiscal Dante Filoteo, where they "holed out" until they were persuaded to surrender to the authorities in the early morning of 5 June 1971.

Besides, the alibi of the appellant is riot convincing. His claim that he was in his house at about the time the robbery was perpetrated in Sangley Point, Cavite, looking over the spare parts which were delivered to him by one Benigno Medina, appears to be an afterthought. No record of the alleged transaction was presented in court and the jeep he was supposed to assemble for one Danny Abarro could not be traced. He reasoned that Abarro who is now living abroad, had allegedly sold the jeep to one Penny Lalana who is now deceased.

The appellant's claim that he went to the house of the chief of police to seek protection after having been told by the desk sergeant that there was a shoot-to-kill order Out for him and that he then transferred to the house of Fiscal Dante Filoteo in order to get the fiscal's help in surrendering to the police authorities, is incredible. To begin with, the desk sergeant, one Salazar, who is now conveniently deceased, could not have told the appellant at 11:00 o'clock in the morning of 4 June 1971 of an alleged shoot-to-kill order as a result of the robbery in Sangley Point, because his co-accused Emmanuel Caganap, who implicated the appellant in the bank robbery, was investigated only at about 1:35 o'clock in the afternoon of 4 June 1971.

And, if his purpose in going to the house of Fiscal Dante Filoteo was to seek the latter's help in order to surrender, why did he not surrender to Fiscal Filoteo earlier when they met at the house of the chief of police? Again, there was no point in going to Fiscal Filoteo in order to surrender when he was already at the police station and all he had to do was to give up to the desk sergeant. It is unfortunate that the said desk sergeant is already dead and cannot answer the appellant's charge that he was remiss in the performance of his duty to arrest the appellant, pursuant to the shoot-to-kill order.

Moreover, the Court has held in a great number of cases that for alibi to prosper. It is not enough to prove that the accused was somewhere else when the crime was committed, but it must be also shown that it was physically impossible for him to have been at the scene of the crime at the time of its commission. ¹⁷

The appellant was in Cavite City when the robbery was committed and his then proximity to the scene of the crime does not rule the possibility that he could be at the scene of the crime at the time it was committed. In fact, the trial court found that the 'flimsiness of the defense of alibi is exposed by the nearness of the accused to the scene of the crime. ¹⁸

The trial court found the appellant guilty of the crime of Robbery in Band with Homicide. This is not correct. In the case of People vs. Pedroso, ¹⁹ the Court said:

... There is no special complex crime of robbery in band with double homicide and/or serious, less serious or slight physical injuries under the present Code, as amended by Republic Act No. 373. If robbery with homicide (or with the other crimes enumerated above) is committed by a band, the indictable offense would still be denominated as "robbery with homicide" under Article 294(l), but the circumstance that it was committed by a band is not an element of the crime but is merely a generic aggravating circumstance which may be offset by mitigating circumstances. The homicides or murders and physical injuries , irrespective of their numbers, committed on the occasion or by reason of the robbery are merged in the composite crime of "robbery homicide."... (Emphasis supplied)

Accordingly, the appellant should be found guilty of the crime of "Robbery with Homicide." The penalty of of reclusion perpetua imposed by the trial court is correct. But, the amount to be paid to the heirs of the slain marine officer should be increased to P30,000.00 in line with the recent decisions of the Court.

We also find that the penalty imposed upon the appellant, Enrique Concepcion, in Crim. Cases Nos. CCC-VII-844, CCC-VII-845, and CCC-VII-846-Cavite City, is not in accord with law. The penalty provided for the offense under Article 294, No. 5, of the Revised Penal Code, as amended, is prision correccional in its maximum period to prision mayor in its medium period, or which is four (4) years, two (2) months and one (1) day to ten (10) years. Applying the Indeterminate Sentence Law, the minimum period to be imposed should be within the range of the penalty next lower in degree, which is arresto mayor in its maximum period to prision correccional in its medium period, or from four (4) months and one (1) day to four (4) years and two (2) months. The minimum of the period imposed by the trial court, which is four (4) years, two (2) months and one (1) day, is obviously beyond the period provided for by law. It should be reduced accordingly.

With respect to the maximum period, there being two (2) aggravating circumstances and no mitigating circumstance, the maximum of the period, which is ten (10) years, should be imposed. The correct penalty to be imposed upon the appellant, Enrique Concepcion, in each of the three (3) aforementioned cases (CCC-VII-844, CCC-VII-845, CCC-VII-846-Cavite City) should, therefore, be imprisonment of from four (4) years and two (2) months, as minimum, to ten (10) years, as maximum.

WHEREFORE, with the modifications above-indicated, the judgment appealed from is hereby AFFIRMED. With costs.

SO ORDERED.

Paras, Sarmiento and Regalado, JJ., concur.

Melencio-Herrera (Chairman), J., is on leave.

Footnotes

1 Original Record of CCC-VII-843-Cavite City, p. 5.

2 Original Record of CCC-VII-844-Cavite City, pp. 1-2.

3 Original Record of CCC-VII-845-Cavite City, pp. 1-2.

4 Original Record of CCC-VII-846-Cavite City, pp. 1-2.

5 Original Record, p. 22.

6 Id., p. 659.

7 Id., p. 418.

8 Brief for defendant-appellant, pp. 97-100, Rollo, p. 74.

9 Rollo, p. 85; Original Record, p. 1410.

10 Brief of the appellee, pp. 5-20, Rollo, p. 86.

11 Brief for the appellee, pp. 21-24, Rollo, p. 86.

12 People vs. Carbonell, 48 Phil. 868.

13 Exhibits A, P, Q, R and S.

14 People vs. Legaspi, G.R. Nos. 55103-04, August 18, 1988 164 SCRA 481, 488, citing People vs. Garcia, 101 Phil. 616.

15 See tsn of July 12, 1971, pp. 6-27 and tsn of February 5, 1972, p. 11.

16 G.R. No. L-32529, May l2, 1978, 83 SCRA 125, 163.

17 People vs. Mercado, G.R. Nos. L-39511-13, April 28, 1980, 97 SCRA 232, 247.

18 Brief for defendant-appellant . p. 86, Rollo. p. 74.

19 G.R. No. L-32997, July 30, 1982, 115 SCRA 599, 608-609.

source:

http://www.lawphil.net/judjuris/juri1989/nov1989/gr_l53926_29_1989.html

TIRONA AT NORIEL SA HUKUMAN NG KASAYSAYAN

Daniel Anciano

Nalathala sa Filipino Magasin

Nobyembre 10, 1997

Noong nakaraang Mayo 10, ay ginunita ng sambayanang Pilipino ang sentenaryo ng kamatayan ng Supremo Andres Bonifacio. Isandaan taon na ang nakalipas nang ang mgakapatid na Andres at Procorpio Bonifacio ay bitayin (sabi ng ilang palabiro ay sinalvage) sa paanan ng isa samga bundok ng Maragondon, Cavite.

Ang kamatayan ng supremo ay isa sa itinuturing na pinakamatingkad na dungis sa ginintuang Pahina ng Unang Yugto ng Himagsikang Filipino ng 1896-1897. Hanggang sa kasalukuyan ang misteryo ng kamatayan ng magkapatid na Bonifacio ay patuloy pa rin na pinag-uusapan ng mga taong may hilig sa kasaysayan.

Dalawang katipunero ang nagkaroon ng malaking papel sa malagim na kinasapitan ng supremo sa paanan ng bundok ng Maragondon – sila ay sina Daniel Tirona at Mariano Noriel, dalawang pangunahing heneral ni Pangulong Emilio Aguinaldo.

Sa artikulong ito ay ating susundan ang mga sumunod na kaganapan kina Tirona at Noriel at kung papaanong ang kasaysayan ay humatol sa kanila upang matagpuan ng mga sumusunod na lahi ng mga mananalaysan ang dalawang personalidad sa basurahan ng kasaysayan.

DANIEL TIRONA

Ang Panghihiya sa Supremo

Si Heneral Daniel Tirona ay nagsilbing Direktoer ng Digmaan ng Sanggunuang Magdalo bilang kapalit ng kaniyang nakatatandang kapatid na si Koronel Candido Tirona na nasawi sa madugong labanan ng Binakayan noong Nobyembre 11, 1896.

Sa pagdating ni Bonifacio sa Cavite noong kalagitnaan ng Disyembre 1896, si Tirona pa ang naghatid sa supremo mula sa Imus, Cavite patungong San Francisco de Malabon (Bayan ng General Trias, ngayon). Sa nasabing parada si Tirona ay nakasakay pa sa kabayo na nasa kanang paning ng karitelang sinasakyan ng Supremo Andres Bonifacio. Nakabunot pa ang espada ni Tirona at sumisigaw pa sa mga taong nadadaanan ng parada ng "Mabuhay ang Supremo."

Ayon sa pagsasalaysay ni Heneral Santiago Alvares, ang nabanggit na paghahatid at pagsigaw ng pagbubunyi ni Tirona sa supremo ay hindi minabuti ng Sangguniang Magdalo, dahilan ito upang siya ay mapagalitan ng mga kasamahan niya. Bilang pagbabangong puri sa kaniyang mga kasamahan sa Magdalo. Si Tirona ay nagpakalat ng mga mapanirang sulat laban sa katauhan ng supremo.

Labis na ikinagalit ng supremo ang ganitong mga mapanirang sulat, kaya ng magkita sina Bonifacio at Tirona sa San Francisco de Malabon ay tinutukan agad ng baril ni Bonifacio si Tirona. Mapalad na lamang at naawat ng mga taong sa bahay ang supremo sa kaniyang pagpisil ng gatilyo.

Ang pinakamalaki at pinakapopular na panghihiya ni Tirona laban sa supremo ay naganap sa Kumbensiyon ng Tejeros. Pagkatapos na matalo ng sunod-sunod ang supremo sa mga mahahalagang puwesto sa itinatayong Rebolusyonaryong Gobyerno na papalit sa Katipunan, nahalal din sa wakas ang supremo bilang Direktor ng Interior. Sa kabilang dako, ang nasabing puwesto para kay Bonifacio ay tinutulan ni Tirona at iminungkahi ang pangalan ni Jose del Rosario na mas angkop sa puwesto. Sa pagkakataong ito, naging labis na ang pagkamuhi ng supremo at tinutukan ng baril si Tirona. Sa ikawalang pagkakataon ay naging mapalad si Tirona dahilan sa naawat ni Ricarte ang supremo, na nagbigay ng pagkakataon para kay Tirona na mabilis na makatakbo.

Ang Hatol ng Kasaysayan

Pinarusahan ng kasaysayan si Tirona sa dalawang magkahiwalay na pagkakataon. Una ay nang mabawi ng mga Espayol ang Cavite noong 1897 mula sa kamay ng mga rebolusyonaryo. Si Tirona at si del Rosario (na pinagpipilitan ni Tirona bilang kapalit ni Bonifacio) ay nagtungo sa Tanza at buong kaduwagang nakaluhod ma humihingi ng amnestiya sa mga Espanyol.

Noong 1898 ay nagbalik si Aguinaldo mula sa Hongkong at naitatag ang isang bagong pamahalaan. Muli niyang tinawag si Tirona para maglingkod sa pamahalaan bilang heneral ng hukbo ng unang republika. Sa panahon ng Digmaang Filipino-Amerikano, si Tirona ay naatasan na mamuno sa Cagayan bilang gobernador-militar ng nasabing lalawigan.

Ang kaduwagan ni Tirona ay naipakitang muli sa ikalawang pagkakataon. Sa talaarawan ni Dr. Simeon Villa na nakapaloob sa petsang Pebrero 5, 1900, mapait niyang isinalaysay ang mga kawalanghiyaan ni Tirona. Sinulat ni Dr. Villa na ginamit ni Tirona ang kaniyang posisyon sa pamahalaang panlalawigan sa pagmomonopolyo ng mga kalakal na pumapasok sa Cagayan na nagkaloob kay Tirona ng napakalaking pakinabang na pera.

Kabilang sa isinulat ni Dr. Villa sa kaniyang talaarawan ay ang insidente kung saan ang bahay ng isang mayamang taga Tuguegarao, Cagayan ay nilooban ng mga masasamang loob at nilimas ang alahas at salapi. Hindi na nahuli o nakilala ang gumawa ng pagnanakaw. Pagkatapos ng dalawang buwan, ang ilan sa mga alahas na ninakaw sa bahay ng mayamang taga Tuguegarao ay nakitang nakasuot na sa katawan ni Tirona. Dito ay natanto ng mga taga Cagayan kung sino ang tunay na utak ng nakawan.

Sa pagsalakay ng mga Amerikano sa Cagayan, isinisi ng mga taga-roon ang pagbagsak ng lalawigan sa kabuktutan, kaduwagan at kawalan ng kahihiyan ni Tirona. Agad sumuko si Tirona sa mga Amerikano. Nang sumukod si Tirona, nakahanay siya sa harapan at sa pagkakataong ito ay harapang iniinsulto siya ng mga taga Cagayan na nakasaksi sa pagsuko. Sumisigaw ang mga taga Cagayan ng buong pagkutya na nagsasabing si Tirona ay magnanakaw na may pinakamaitim na balahibo, walang karangalan at duwag.

Si Tirona ay nagsilbing isang alila sa kapitang Amerikano na nakadakip sa kaniya. Sa nasabing kapitang Amerikano (heneral si Tirona) si Tirona ay naglingkod bilang tagalinis ng sapatos at tagapaglinis ng opisina.

MARIANO NORIEL

Ang Lagda ng Kamatayan

Pagkatapos ng kumbensiyon sa Tejeros, nagbalak ang supremo na muling I-organisa ang kaniyang puwersa sa pagpupulong na naganap sa casa hacienda sa Naic, Cavite. Sa nasabing pagpupulong kaniyang itinalaga sina heneral Pio del Pilar at Mariano Noriel na na maging pinuno ng hukbong mapaghimagsik (na hiwalay sa Tejeros).

Ngunit ang nasabing pulong ay natuklasan ni Aguinaldo at nakita niya na ang kaniyang dalawang heneral sa paksiyong Magdalo na sina Noriel at Tirona ay kasama sa pagpupulong ni Bonifacio. Ipinatawag ni Aguinaldo ang dalawa at kanilang sinabi na "nilinlang lamang sila ni Bonifacio" at muling nakilahok sa pangkating Magdalo.

Dahilan sa naganap na pagpupulong ni Bonifacio sa Naic ay natanto ng mga Magdalo na ang supremo Bonifacio ay isang tinik sa kanilang lalamunan at banta sa bagong tatag na rebolusyonaryong pamahalaan. Nadakip ang magkapatid na Bonifacio sa Sito ng Limbon, Indang, Cavite, pagkatapos ng isang sagupaan na ikinamatay ni Ciriaco Bonifacio at labis na ikinasugat ng Supremo. Mula sa Indang, dinala ang mga bihag sa Naic, Cavite upang litisin ng tribunal militar na pinamumunuan ni Heneral Mariano Noriel. Ang paglilitis ay nagsimula ng Abril 29, 1897 at inilipat sa Maragondon noong Mayo 4, 1897. Ngunit ang aktwal na paglilitis ay naganap noong Mayo 5, 1897 at ng sumunod na araw ay nakapagpalabas na ng hatol na kamatayan ang tribunal militar.

Nang iharap kay Aguinaldo ang desisyon ukol sa hatol na kamatayan laban sa magkapatid na Andres at Procorpio Bonifacio, nagpalabas si Aguinaldo ng kautusan na nagbabawi ng kaparusahang kamatayan sa magkapatid na Bonifacio kapalit ang kaparusahang pagpapatapon na lamang. Ngunit sina Noriel at del Pilar ang pumilit kay Aguinaldo na hayaan na lamang na manaig ang desisyong iginawad ng tribunal militar "alang-alang sa kapakanan ng himagsikan."

Noong Mayo 10, 1897, si Major Lazaro Makapagal ay ipinatawag ni Heneral Noriel, pinagsama ng ilang tauhan , may iniabot na sulat, inutusan na kunin ang mga preso at dalhin sa bundok Tala. Sinunod ni Makapagal ang utos at dinala ang magkapatid na preso sa kabundukan ng Maragondon. Bago pa man marating ang bundok Tala ay pinilit ni Bonifacio si Makapagal na basahin ang sulat. Nang buksan ang sulat ay natagpuan nila ang ganitong nilalaman.

Major Makapagal,

Sang-ayon sa kauusan ng Sangguniang Pandigma na ginanap sa Maragondon noong Mayo 8 laban sa magkapatid na Andres at Procorpio Bonifacio, na hinatulan na patayin sa pamamagitan ng pagbaril, ikaw ay inuutusan na ipatupad ang nasabing kahatulan.

Ikaw sa pamamagitan nito ay binabalaan na anumang pagpapabaya o kawalan ng ingat na iyong magagawa sa pagpapatupad ng kautuasng ito, ikaw ay mananagot at pasasailalim ng higpit ng mga batas na nakapaloob sa Kodigo ng Hukumang Militar Pang-Espanyol.

Banatayan ka nawa ng Diyos sa maraming mga taon.

(Lagda) M. Noriel

Maragondon, Mayo 10, 1897

Nang mabasa ito ni Makapagal at narinig ito ni Bonifacio ay hindi sila kapwa makapaniwala. Maging ang nakakahigit na ebalwasyon ng paglilitis sa kaso ng supremo ay nauwi sa isang konklusyon na ang mga akusasyon ay higit na hindi kapanipaniwala.

Mapagbirong Wakas

Ngunit mayroong naganap na kabalintunaan sa kasaysayan para kay Heneral Mariano Noriel pagkatapos ng 12 taon. Noong 1909, sa panahon ng pamamahala ng mga Amerikano, si Noriel ay inakusahan ng salang pagpatay kasama ng kaniyang dalawang tauhan na sina Luis Landas (alcalde ng Bacoor, Cavite) at Roman Malabanan.

Noong Marso 23, 1914, hinatulan si Noriel at ang kaniyang mga kasamahan ng parusang kamatayan sa kabila ng hinala ng marami na ang pagkakasangkot ni Noriel sa kasong pagpatay ay gawa-gawa lamang.

Noong Enero 27, 1915, si Heneral Noriel na lumagda ng kautusan ng pagbitay sa magkapatid na Bonifacio ay binitay din sa Piitan ng Bilibid sa Maynila. Katulad ng supremo Bonifacio, namatay si Noriel na hindi niya matanggap ang pagiging matuwid ng hatol ng hukuman.

Napakahusay ng pagbibiro ng kasaysayan, ang lalaking lumagda sa kautusan ng pagbitay kay Bonifacio ay inilakad din ang huling hakbang ng kaniyang mga paa patungo sa andamyo ng bitayan, kasama ng kaniyang dalawang kaibigan.

ABACA

By HUGO H. MILLER
Bureau of Education

The Philippine Crafstman
August 1912

THE name "hemp" as applied to the fiber of Musa textilis is a misnomer. The chief cordage fiber of the world was formerly that obtained from the hemp plant Cannabis sativa which grows in Europe, the United States, and other temperate regions. Many other fibers have from time to time taken the place of hemp in rope making and have in a general way also been classed as "hemp." Often they have the name of their place of origin prefixed in order to distinguish them from other similar fibers. Such are Mauritius hemp, New Zealand hemp, Sisal hemp, and Manila hemp. The term "hemp" as applied to abaca fiber is not only a misnomer but it is an unfortunate one as far as the foreign viewpoint of our industrial articles is concerned. To those persons to whom the word "hemp" may convey some meaning it brings to mind a coarse gray material of no particular beauty, the chief quality of which is its strength. It will therefore be unfortunate if, in the markets of the world, the beautiful abaca hand bags, the delicate slippers, the fine laces, and such articles made from the fiber of Musa textilis are to be advertised and sold under the name "hemp" or "Manila hemp." There is much in a trade name. The word "hemp" has a definite meaning in the world at large and conjures up no impression of beauty and delicacy. The word "abaca" is not known in foreign markets but it is an unusual and catchy word, one for which many a manufacturer would pay a considerable sum. The title of this article has therefore been limited to "abaca" with the hope that the word will be employed by all when referring to articles made from fiber of Musa textilis.

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Capitana Vicenta

By HAMMON H. BUCK

CERTAIN scientists have advanced the suggestion that a matriarchal form of society formerly existed in the Philippines. The strongest argument in favor of this contention seems to be the Filipina woman's superiority over the man in the financial affairs of the family. The average male American thinks his womenfolk are well treated if he makes them a fixed allowance and pays on his own account the monthly bills for rent, groceries, heat, light, water, etc. Occasionally the lady of the house will have a checking account and settle monthly the ordinary household expenses, but the number and variety of jokes one reads in the funny papers, illustrating woman's inability to keep a record of her income and outlay, illustrate the man's opinion of woman's efficiency in financial matters. In the average Filipino family, however, the woman is supreme in money matters. If the man of the house draws a salary, he is expected to turn it over to his spouse intact or nearly so on the evening of each payday.

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Principle Versus Policy

BY HAMMON H. BUCK
Author of "Capitan Baltazar"

CAPITAN BALTAZAR was fond of repeating the story of the old Spaniard who was crossing a deep ravine on a rotten log. THE SPANIARD AND GOD AND THE DEVIL The Spaniard, according to the tale, was half way across before he realized how precarious was his support. He hesitated. There was no room to turn around and go back, and he reasoned correctly that to proceed would be no more dangerous than to retrace his steps. He thought of death and from thinking of death, although he was not religiously inclined, he recalled his Maker. Instinctively he voiced his thoughts, "El Dios es bueno" (God is good), and stepping carefully, holding his breath, he advanced toward the other side. Another thought struck him. Perhaps the devil would resent his calling on the Lord, and, with a view toward forestalling any act of revenge from the arch fiend he exhaled, "El Demonio no es malo" (The devil is not bad).

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The birth of the Philippine National Anthem

ROSES & THORNS
By Alejandro R. Roces


Thursday, June 5, 2008

This day, June 5, in the year 1898, historical accounts tell of General Emilio Aguinaldo being visited by a young pianist and composer, a Caviteno by the name of Julian Felipe. He brought with him a letter written by General Mariano Trias, introducing him as a good musician and composer. Felipe was then asked to play a musical composition, Hymno de Balintawak, which was composed by a Filipino musician in Hongkong where Aguinaldo had been in exile. General Aguinaldo was then looking for a composition that embodies the noble ideals of the Filipino, something that would inspire the people to fight against foreign invaders. He was not quite satisfied with the composition although it sounded good. The next day, Aguinaldo told Felipe, "It is not what I'm looking for. I want something more stirring and majestic". This was a week before the scheduled proclamation of the Philippine independence in Kawit. Felipe labored on the new composition during the next six days and nights. On the eve of the proclamation, Felipe played his composition in the presence of Aguinaldo and two other revolutionary generals. They were aptly impressed and approved it as the Filipino Republic's national anthem, calling it "Marcha Nacional-Magdalo".

As historical books narrated it, when General Aguinaldo proclaimed the country's independence on June 12, 1898, the "soul-inspiring masterpiece without lyrics" was played by the music band of San Francisco de Malabon (now General Trias, Cavite), while the Filipino flag (made in Hongkong, red, white and blue with the sun shining through) was being hoisted outside the central window of the Aguinaldo ancestral home which still stands now in Kawit, Cavite. Being a Marcha, no one sang it, because it had no wordings then.

Julian Felipe drew inspiration from his country's sufferings. He expressed his love for his country with his music. From his pen flowed many beautiful musical pieces, such as Amoria Danza, Cintas y Flores Rigodones, Matete al Santissimo, Philippines, My Philippines. He composed Un Recuerdo which he dedicated to the Thirteen Martyrs of Cavite, with whom he was almost killed. His Marcha Filipina-Magdalo, became the national anthem of the Philippines, his legacy to his country.

Six months after the proclamation of Philippine Independence in Kawit, in December 1898, the Philippines was ceded by Spain to the United States of America in the Treaty of Paris. The Filipinos found themselves under the rule of the Americans. In February of 1899, the Filipino-American War erupted. The revolution and the fightings moved a 23-year old poet-soldier of the revolution, Jose Palma, to compose a poem entitled "Filipinas". This was first published during the first anniversary of the Declaration of Independence published in La Independencia, the Filipino Republic's organ on September 3, 1899 in Bautista, Pangasinan. The lyrics perfectly matched the Philippine National Anthem.

Palma's original Spanish lyrics underwent several English and Tagalog translations. In 1918, Senator Camilo Osias translated "Filipinas" into English. In 1938, the National Assembly enacted a law confirming the Philippine National Anthem that will be coterminous with the life of the country. In 1943, the poets Julian Cruz Balmaceda and Ildefonso Santos translated it into Tagalog. In 1956, a new version penned by the Surian ng Wikang Pambansa (Institute of National Language) was adopted. Entitled "Lupang Hinirang," it was declared by President Ramon Magsaysay on May 26, 1956, as the official Tagalog version of the Philippine National Anthem.

A timeless musical legacy is now our national treasure. It speaks of our beginnings, without which we will not be what we are now. May we never forget to tell our children one of the most beautiful stories in the history of our country.

http://philstar.com/index.php?Opinion&p=49&type=2&sec=25&aid=20080604116

Shrimp fishermen at Cavite Viejo, Cavite Province, Luzon, 1900.

Image ID: fish7115, NOAA's Historic Fisheries Collection
Location: Cavite Vieng, Luzon
Photo Date: 1900
Photographer: Archival Photographer Stefan Claesson
Credit: Gulf of Maine Cod Project, NOAA National Marine Sanctuaries; Courtesy of National Archives

A PHILIPPINE NATURAL BRIDGE

The Philippine journal of science. [Vol. 7, no. A] -1912

In July of 1910, while making a geological reconnaissance in the vicinity of Silang, Cavite Province, P. I., the writer discovered a natural bridge of unusual size, and owing to its remoteness it is probable that the place had not previously been visited by white men. It is noteworthy that this is the first large natural bridge reported in the Philippines, although it is likely that future explorers will find others, especially in the great bedded tuff area lying between Manila and the Gulf of Tayabas where the rock is favorable for their formation. The bridge is on the Lucsuhim stream about 3 kilometers west of the barrio of Silang...

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THE BANISHED PRIME MINISTER

Percy A. Hill

IN the year 1677, there arrived at Manila, on the galleon San Telmo-which made a rather fortunate voyage across the vast Pacific for those days-a celebrated personage consigned as a prisoner of state to the fortress of San Felipe in Cavite. He was Don Fernando de Valenzuela, knight of Santiago, grandee of Spain, Marquis de Villasierra, Count of Pinares, etc., etc., among other things prime minister of Spain. This gentleman had been so favored by fortune that he trusted she would never forsake him, but he had overplayed his hand. Of noble lineage and bearing, he was skilled in his youth in the military service, but abandoned this career for that of the courtier and ambassador. Speaking Latin, French, and Italian, and naturally endowed with tact and diplomacy, he had been introduced to the Queen Mother by Cardinal Nitard, and was soon a favorite at court...

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Allfonso's Historical Background

HISTORICAL BACKGROUND OF ALFONSO

Establishment of Alfonso

The town has established on May 16, 1859, named ALFONSO to honor King Alfonso XII of Spain.

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Insurgency In Cavite 1900

Conditions in Cavite Province. Conditions in the thickly settled province of Cavite are shown in the "memorandum of a secret agent,"* dated September 25, I900, which was forwarded to Washington with the comment that it "is so instructive that it is respectfully inserted herewith as embodying in condensed form the best statement of the situation in Cavite Province that has reached this office."

Inasmuch as the situation in Cavite seems to have been not unlike the situation in the other provinces of Southern Luzon, it may be taken as more or less representative of the whole department. A Secret Service Memorandum. [Summary of omitted portions: Trias in a barrio of. San Francisco de Malabon, with 376 soldiers all armed with guns.]

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THE ROJASES OF CAVITE

From:http://www.freewebs.com/rojasofcavite/chineseheritage.htm


Domingo Rojas came to the Philippines on a boat from Canton, China (according to Teofilo Rojas, son of Modesto Rojas ) when he was still a young boy. He had nine siblings and they came here because there was much grief and strife in China then. Domingo's original surname was Go Pao and he took on the Spanish surname of his godfather,Rojas, when he was baptized into Catholicism. Domingo's family brought their wealth ,mostly gold, here with them . It must have been around the mid to late 19th century when young Domingo arrived in the Philippines and his first stop was Silang. Ka Pilo (Teofilo Rojas) told me more than 12 years ago that there were 2 gentlemen with caps and queues who accompanied him here. Who they were, Ka Pilo didn't also know.

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CENSUS OF CAVITE PROVINCE - 1903

Census of Cavite Province, including its municipalities and barrios.

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HACIENDA OF SANTA CRUZ DE MALABON

Description.-The hacienda styled Santa Cruz de Malabon or Tansa comprises all the municipal jurisdiction of the township of the same name in the province of (Cavite. It is principally devoted to the cultivation of irrigated rice, and in many parts of the estate two crops a year are produced. Part of it is devoted to the cultivation of upland rice, part to sugar cane, part to pasturage, and part as building lots. Another large part of it, including more than 5,000 hectares in the eastern and southeastern portions of the hacienda, is uncultivated, and on this land the corporation has stock corrals and houses for the men. It is bounded on the north and on the east by the Canas River, which separates it fromnt the hacienda of San Francisco de Malabon, the property of the Augustinian...

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HACIENDA OF NAIC

(Township of Naic, Province of Cavite, P. I.)

Description.-An hacienda styled San Isidro Labrador, or Naic, situated within the municipal jurisdiction of Naic, province of Cavite. It has an area of 7,968 hectares, 75 ares, and 95 centiares, equivalent to over 1,382 quinfones realengos, or over 2,851 ordinary quifiones. The land is in part devoted to the cultivation of highland rice, part to the cultivation of sugar cane, and part building lots. On the eastern part of the estate there are over 3,000 hectares of uncultivated land used for pasturage. It is bounded on the north by Manila Bay; on the east by the hacienda of Santa Cruz de Malabon, in the following form: From the mouth of the Timalan River, following the course of that river to Timalan Pass; from Timalan Pass (which is the point of affluence of the Timalan River with the Malabon River) it follows the Malabon River to a place called Tanque...

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HACIENDA DE IMUS

The CIVIL GOVERNOR OF THE PHILIPPINE ISLANDS. SIR:

The subscribing attorneys commissioned by your excellency to examine and report upon the title deeds held and submitted by the British-Manila Estates Company (Limited) relative to the Imus estate in the province of Cavite, having complied with such commission after a very careful study of all the documents submitted, have now the honor to report to your excellency upon said titles. For the sake of method and greater clearness this report is divided into three parts, whereof the first contains the description of the said estate, the second the history or record

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HACIENDA DE SAN FRANCISCO DE MALABON

From the 5th Annual Report of the Philippine Commission (1904)

HACIENDA OF SAN FRANCISCO DE MALABON(Province of Cavite, P. I.) Description.-This hacienda, which is used for farming purposes, is situated within the municipal jurisdiction of the township of Rosario, Noveleta, and San Francisco de Malabon. It is bounded on the north by the Patis Creek, the lands of Don Jos6 Basa, by the high road of the town of Noveleta and by the Iturraldes farmhouse; on the south by the lands of the township of Amadeo; on the east by the Ilangilang River, which in part separates the estate from the township of Imus, the property of the Recoletos;

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Report of the Governor of Cavite 1904

OFFICE OF THE GOVERNOR, PROVINCE OF CAVITE, Cavite, June 30, 1904.

SIR: I have the honor to submit the following report, required by act No. 1044, Philippine Commission:

DESCRIPTION AND GENERAL CONDITIONS. The province of Cavite is situated on the southern shore of Bay of the Manila. On the east it is bounded by the provinces of Rizal and Laguna. On the south by the province of Batangas, the boundary line being in the main the crests of the Sungay and Tagaytay mountain ridges. On the west it is bounded by Manila Bay and the China Sea...

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