[No. 45344.

November 29, 1938]

THE PEOPLE OF THE PHILIPPINES, plaintiff and

appellee, vs. VICENTE P. ANCHETA ET AL., defendants.
VICENTE P. ANCHETA, ISIDORO DEL ROSARIO, and
BENITO GASPI, appellants.

1. CRIMINAL LAW; MURDER; CONSPIRACY.·The theory of

the defense is that the S brothers, their sister B and S had
conspired to assault A. While there are some circumstances
which seem to lend' plausibility to this theory, the court is
unable to accept it. A conspiracy to commit a crime must be
established by positive evidence, and such evidence does not
obtain here.

2. ID. ; ID. ; UNDUE INFLUENCE ON THE TRIAL COURT

BY LOCAL ATMOSPHERE.·In convicting the appellants,
the trial court was unduly influenced, unconsciously no
doubt, by the local atmosphere which seems to have been
strongly unfavorable to the appellants. This is indicated by
the fact that the appellants and their co-defendants in the
court below were even prosecuted and convicted for the
crime of sedition, which action the SolicitorGeneral, upon a
more calm and careful review of the evidence, later
admitted to have been unwarranted, when he asked for a'
reversal of the judgment of conviction for the said crime of
sedition. (See People vs. Ancheta, G. R. Nos. 46250 and
46251 Nov. 29, 1938.)

639

VOL. 66, NOVEMBER 29, 1938 639

People vs. Ancheta et al.

3. ID.; ID.; EXCESSIVE SHOW OF FORCE BY MEMBERS

OF THE CONSTABULARY.·While it may appear to the
mind of the average person that there was an altogether
 excessive show of force on the part of the members of the
constabulary involved in this case when they effected the
arrest of the S brothers and S, it must be borne in mind that
the men here dealt with were trained to take no chances in
an emergency and to uphold their authority by force of
arms. And while the court may not approve of their conduct
in this particular instance, it must not be allowed' such
consideration to affect the court's judgment as to the
appellants' guilt or innocence of the particular crime now
imputed to them.

4. ID.; ID.; DEFENSE OF A STRANGER.·The evidence fails

to show that there was even an attempt on the part of any
of the soldiers to shoot anyone of the S brothers. What the
evidence for the prosecution tends to show is that upon
seeing the S brothers, A wanted to shoot them, but was
prevented by Del R and B. Granting this to be true, it
reveals that Del R and B who, as sergeant and corporal,
respectively, were in charge of the expedition sent out to
arrest the S brothers and S, preserved their self-control, and
did not run amuck, as some of the witnesses for the
prosecution would have us believe. That G shot S in defense
of Del R's life is established by a preponderance of evidence.
G, is, therefore, exempt from criminal liability, (Revised
Penal Code, art. 11, clause 3.) It follows that A and Del R
must also be acquitted.

APPEAL from a judgment of the Court of First Instance of

Palawan. Araneta Diaz, J.
The facts are stated in the opinion of the court.
Alejo Mabanag for appellants.
Solicitor-General Tuason for appellee.

ABAD SANTOS, J.:

This case grew out of an affray which took place in a small

and isolated community, the municipal district of Balabac,
Province of Palawan. Appellants, with twelve others, all
members of the constabulary, were charged in the Court of
First Instance of Palawan with having murdered
Guillermo Salazar who was at the time the justice of the
peace of the said municipal district. Upon motion of the
prosecution, one of the accused, Isaac de Guzman, was
excluded from the information and used as a state witness.
After due trial, the court found 'he apellants Isidoro del
Rosario and Benito Gaspi guilty of the crime
 640

640 PHILIPPINE REPORTS ANNOTATED

People vs. Ancheta et al.

charged, as principals, and the appellant Vicente P.

Ancheta, as accomplice, and sentenced each of the first two
to suffer the penalty of reclusión perpetua, and the last the
penalty of not less than six years and one day of prisión
mayor and not more than twelve years and one day of
reclusión temporal. The three appellants were further
sentenced to indemnify the heirs of the deceased Guillermo
Salazar in the sum of P1,000, pro rata, to suffer the other
accessory penalties prescribed by law, and to pay the costs.
The eleven remaining accused were acquitted.
While the information alleged that the fifteen accused
conspired to kill Salazar, the trial court held that there was
no proof of such conspiracy. According to the findings of
the court, Salazar was shot and killed by Gaspi while the
former was being assaulted by Del Rosario; and although
there was no expressed finding of conspiracy between these
two appellants, they were both found guilty of the alleged
crime, as principals. The appellant Ancheta was found
guilty, as accomplice, for having failed to restrain his co-
appellants from the commission of the alleged criminal act.
This appeal seeks to reverse the judgment of the court
below, and to have the appellants acquitted. On the other
hand, the Solicitor-General maintains that the appellant
Ancheta, like his two co-appellants, is guilty of murder, as
principal. The Solicitor-General takes the view that the
appellants were engaged in the commission of an unlawful
act when Salazar was shot and killed by Gaspi.
It is undisputed that, at the time of the commission of
the alleged crime, all the fifteen persons originally included
as accused in this case, were members of a constabulary
detachment in the municipal district of Balabac, Province
of Palawan. The appellant Ancheta, with the rank of third
lieutenant, was their commander. The appellant Del
Rosario was a sergeant, while the appellant Gaspi was a
private. Ancheta became engaged to a young woman by the
name of Bibiana Sanson who belonged to one of the most
prominent families in that municipal district. Bibiana had
two brothers named Cirilo and Rufo. About six

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People vs. Ancheta et al.

months, prior to the occurrence of the events which gave

rise to this case, the engagement of Ancheta to Bibiana
was broken. Whether because of this rupture or some other
reason, the relations between Ancheta and the Sanson
brothers appeared to be quite strained. The Sanson family
was running a store located on the ground floor of their
house facing the main street. On that fateful Sunday
morning, January 13, 1935, Bibiana, her two brothers, and
the deceased Salazar were gathered in the store. After the
mass and while passing in front of the store, Ancheta was
assaulted and beaten by the Sanson brothers and received
multiple bruises and cuts about the face. In the course of
the scuffle Ancheta fell down, and while Cirilo grappled
with him, Rufo continued to box him. Ancheta carried a
pistol on his waist, and while he was thus being attacked
by the Sanson brothers, the deceased Salazar took the
pistol and kept it. The evidence is irreconcilably in conflict
as to what transpired, afterwards. It is likewise in conflict
as to what motivated the assault perpetrated on Ancheta
by the Sanson brothers.
According to the evidence for the prosecution, Bibiana
approached Ancheta, as he was walking in front of the
store, in order to demand from him an explanation about
certain statements alleged to have been made by Ancheta,
which were derogatory to the dignity of Bibiana; that
Ancheta, out of spite, slapped Bibiana on the face and
thereupon Bibiana's brothers, Rufo and Cirilo, came out of
the store and engaged Ancheta in a fight giving him a bad
beating; that in the course of the fight Salazar pulled out
Ancheta's pistol from his waist and kept it, presumably to
forestall more serious consequences; that after the
combatants had been separated, six soldiers arrived and
tried to strike Salazar and the two brothers; that, at this
juncture, Ancheta ran to the barracks and had a bugle call
to arms sounded; that in response to the call, all the
soldiers composing the garrison, except one who remained
on guard duty, with loaded guns and fixed bayonets,
marched to the town, firing in the air as they went; that
they arrested the two brothers and Salazar; that while
Salazar was under the

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People vs. Ancheta et al.

custody of the soldiers, appellant Del Rosario gave him a

blow on the stomach with his left fist, while with his right
hand he struck him with his pistol; that Salazar became
groggy, and as he was falling down, appellant Gaspi shot
him.
On the part of the defense, Ancheta testified that on the
morning in question, while on his way to the forest station,
he saw Bibiana standing in the store; that she came out to
meet him and said that she wanted to ask him something;
that, smiling, she pointed to his right shoulder and asked
what he had on it; that he looked at his shoulder and, as he
did so, Bibiana embraced him tightly; that Bibiana's
brothers, Rufo and Cirilo, and Salazar came out of the
store and attacked him; that Rufo struck him on the back
of the head and his sight became dim; that he was thrown
down and Rufo and Cirilo mounted on him and beat him on
the face with stones; that he scratched Cirilo with his left
fingers; that the sergeant of police came and separated the
Sanson brothers from him; that when he stood up he
noticed that his pistol was missing from its holster; that he
inquired who took it, and Salazar answered: "I have your
pistol but I will not give it"; that he left and went to the
store of Wy Dian Lo to see his face, which was bleeding, in
the mirror; that from that store, he proceeded to the
barracks; that he did not reach the barracks because he
met appellant Del Rosario between the bridge and Jupeda's
store; that he told Del Rosario that he had been assaulted
by the Sanson brothers, their sister Bibiana, and Salazar;
that he further told Del Rosario that his pistol was with
Salazar, and ordered him to make the necessary
investigation to effect the arrest; that after talking with
Del Rosario, he went to his residence and lay down; that
while thus lying down in his house, he heard shots from the
direction of the town; that although he felt weak, he made
an effort to go down to find out the cause of the shooting
suspecting that the shots had been fired by his soldiers,
and fearing that they might have done harm; that when he
reached the intersection of two roads near the Catholic
church, he saw soldiers coming out of the house of the
Sanson family,

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People vs. Ancheta et al.

and he stopped and waited f or them; that when the

soldiers came near him, he asked corporal Sapad, who
came ahead of the rest of the soldiers and who
accompanied the Sanson brothers, about the shooting; that
Sapad answered that they had been fired in the air to effect
the arrest of the Sanson brothers who closed themselves in
their house and did not want to surrender; that he and the
soldiers walked towards the barracks; that when they came
in front of the church, he heard two shots coming from
behind; that he immediately went back and saw Salazar
lying on the ground; that the first shot he heard was a
pistol shot and the second must have been fired from a
rifle; that upon reaching the place where Salazar lay dead,
he asked who killed him, and the appellant Gaspi
answered: "I did, sir. 1 shot him because he wanted to shoot
against the sergeant once more"; that he then ordered Del
Rosario to watch the corpse, and left for his house with
private De Guzman to have his wounds treated.
Gaspi testified that he was among the soldiers who were
sent out to arrest the Sanson brothers and Salazar; that
after arresting them they started to take them to the
barracks; that the three persons arrested did not come out
of the house of the Sanson family at the same time; that
the Sanson brothers came out first, and were guarded by
Del Rosario, Sapad and three other soldiers; that Salazar
was under the custody of corporal Baquiao and himself;
that they were not able to take Salazar to the barracks
because upon hearing an acacia tree, Del Rosario and
private Aguilar approached them and the former required
Salazar to surrender Ancheta's pistol; that Salazar told Del
Rosario he did not have the pistol, whereupon the latter
told the former that he would search his person; that as Del
Rosario was about to approach Salazar to search him, the
latter stepped back and at the same time drew a pistol out
of the left pocket of his trousers and fired at Del Rosario;
that the latter could parry Salazar's left hand, and thus
avoided the shot; that Salazar again stepped back and was
about to fire again at Del Rosario when he shot and killed
Salazar to save Del Rosario's life.

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644 PHILIPPINE REPORTS ANNOTATED
People vs. Ancheta et al.

The theory of the defense is that the Sanson brothers, their

sister Bibiana and Salazar had conspired to assault
Ancheta While there are some circumstances which seem
to lend plausibility to this theory, we are unable to accept
it. A conspiracy to commit a crime must be established by
positive evidence, and such evidence does not obtain here.
Neither is .there enough evidence to support the theory of
the prosecution that the purpose of the soldiers in
marching to the town was not merely to arrest the Sanson
brothers and Salazar, but mainly to avenge the assault
committed against Ancheta by the Sanson brothers. If such
were the case, if the soldiers were really determined to take
the law into their hands and punish those who assaulted
and wounded their superior officer, Ancheta, the first object
of their revenge would have been the Sanson brothers, and
not Salazar.' And yet the former suffered no serious bodily
harm at the hands of the soldiers. The evidence fails to
show that there was even an attempt on the part of any of
the soldiers to shoot anyone of the Sanson brothers. What
the evidence for the prosecution tends to show is that upon
seeing the Sanson brothers, Ancheta wanted to shoot them,
but was prevented by Del Rosario and Baquiao. Granting
this to be true, it reveals that Del Rosario and Baquiao
who, as sergeant and corporal, respectively, were in charge
of the expedition sent out to arrest the Sanson brothers
and Salazar, preserved their self-control, and did not run
amuck, as some of the witnesses for the prosecution would
have us believe. That Gaspi shot Salazar in defense of Del
Rosario's life is, we believe, established by a preponderance
of evidence. Gaspi, is, therefore, exempt from criminal
liability. (Revised Penal Code, article 11, clause 3.) It
follows that Ancheta and Del Rosario must also be
acquitted.
Upon a careful scrutiny of the evidence in this case, we
are inclined to believe that, in convicting the appellants,
the trial court was unduly influenced, unconsciously no
doubt, by the local atmosphere which seems to have been
strongly unfavorable to the appellants. This is indicated by
the fact that the appellants and their codefendants in

645
 VOL. 66, NOVEMBER 29, 1938 645
Pampanga Bus Co. vs. Diaz

the court below were even prosecuted and convicted for the
crime of sedition, which action the Solicitor-General, upon
a more calm and careful review of the evidence, later
admitted to have been unwarranted, when he asked for a
reversal of the judgment of conviction for the said crime of
sedition. (See People vs. Ancheta, G. R. Nos. 46250 and
46251, Nov. 29, 1938.) While it may appear to the mind of
the average person that there was an altogether excessive
show of force on the part of the members of the
constabulary involved in this case When they effected the
arrest of the Sanson brothers and Salazar, we must bear in
mind that we are dealing here with men who were trained
to take no chances in an emergency and to uphold their
authority by force of arms. And while we may not approve
of their conduct in this particular instance, we must not
allow such consideration to affect our judgment as to their
guilt or innocence of the particular crime now imputed to
them.
The judgment appealed from must be reversed, and the
appellants acquitted, with costs de oficio. So ordered.

Avanceña, C. J., Villa-Real, Imperial, and Diaz, JJ.,

concur.

CONCEPCION, J.:

I dissent because I find no reason for altering the

conclusions of the appealed judgment.
Judgment reversed, appellants acquitted.

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