1. CRIMINAL LAW; MURDER WITH HOMICIDE; EVIDENCE; ADMISSION OF KILLING BY ACCUSED; BURDEN OF PROOF TO SHOW JUSTIFICATION. — here the accused admits having killed a victim, it is incumbent upon him to offer a justification satisfactory to the courts to exculpate him.

2. D.; ID.; ID.; ID.; MOTIVE, PRESUMPTION AS TO. — Where a killing is admitted, the law presumes that there was motive therefor. In the mind and eyes of the law in such cases, even though the motive might have been successfully concealed from the human perception of others, and might be known only to the agent and to his God, still there it was impelling the agent to the criminal transgression.

3. ID.; ID.; KILLING OF TWO PERSONS BY BULLETS DISCHARGED FROM SAME SHOT. — The evidence discloses that A. I. and I. G. died from bullets discharged by the same shot which was aimed at the former. As regards A. I., it appears that while A. I. had his back towards M. B., the defendant-appellant, the latter got hold of the former’s right shoulder, pushed him forward and while I’s body was moving in the direction of the push, B fired at his back. The aggressor therefore committed the act with treachery, because he employed means, methods or forms in the execution of the crime which tended directly and specially to insure its execution without risk to himself from the defense which the offended party might make, thereby qualifying the killing of A. I. as murder. The killing of I. G. must, however, be classified as homicide, because the wrongful act done consisting in the killing of I. G. constituted a felony (delito) for which appellant is criminally liable which act is presumed to be voluntary. Held: That the appellant is guilty of, and should be sentenced for, the complex crime of murder with homicide.

4. ID.; ID.; ID.; KILLING OF SEVERAL PERSONS BY SUCCESSIVE SHOTS. — The evidence discloses that after discharging the shot which killed A. I. and I. G., the accused holding his gun with the barrel pointing in the direction where he was facing, changed his position to face toward one side and fired another burst from the gun, which shot hit N. Z., who died six days later. Held: That the accused is guilty of, and should be sentenced for, a separate offense of homicide for the death of N. Z.

5. ID.; ID.; ID.; ID.; RESPONSIBILITY FOR CONSEQUENCES OF UNLAWFUL ACT. — All acts punishable by the law are presumed to be voluntary in the absence of proof to the contrary. With respect to crimes of personal violence, the penal law looks particularly to the material results following the unlawful act and holds the aggressor responsible for all the consequences thereof.

Appellant was charged in and convicted by the Court of First Instance of Iloilo in Criminal Case No. 405, now subject of this appeal, wherein the information alleged that on or about February 22, 1946, in the municipality of Oton, Province of Iloilo, Philippines, said appellant, being a first class private of the Military Police in said province, with deliberate intent, treachery and abuse of authority, and with a decided purpose to kill, did then and there fire several shots with a Thompson submachine gun against Ireneo Gellangala, Apolonio Ikoy, and Napoleon Zambales, hitting them on different parts of their bodies and as a result Irineo Gellangala and Apolonio Ikoy died instantaneously and Napoleon Zambales died a few days later. The trial court, presided over by his Honor, Judge Jose Quisumbing, after due trial, rendered judgment on May 8, 1946, finding the following facts as proven through the testimony of the eye-witnesses Eusebio Davila, Pedro Zambales, and Juanito Espera, and that of Doctors Ramon V. Ferrer, who performed the autopsy of the corpse of Apolonio Ikoy and examined that of Irineo Gellangala, and Manuel F. Cartagena, who operated upon the now deceased Napoleon Zambales: that during a dance on the occasion of the feast of the patron saint of barrio Trapiche, municipality of Oton above mentioned, "between 12 and 12:30 of the midnight of February 22, 1946," there was a verbal brawl followed by a fist fight between Cornelio Soliman and an unknown individual who later resulted to be a resident of Iloilo City; that Eusebio Davila, chief of the Municipal Police of Oton, and Juanito Espera, a municipal policeman, who were at the place of the incident, intervened to pacify the fighters; that the latter had been scarcely pacified when a third party intervened delivering fist blows upon Cornelio Soliman which knocked him to the ground; that Eusebio Davila attempted to help Cornelio Soliman to his feet, at which moment the accused Meliton Buyco, now appellant, who was on patrol with his six companions, fired in the air two discharges from his Thompson submachine gun; that Eusebio Davila, who saw Meliton Buyco fire, approached the latter and prohibited him from firing again to avoid personal injury among those present; that Meliton Buyco replied that Davila leave him alone because he was an agent of the law; that minutes later Meliton Buyco got hold with his left hand of the back around the left shoulder of Apolonio Ikoy, who was the one who had boxed Cornelio Soliman, and pushed him forward, firing at him with a discharge from his Thompson submachine gun which killed him right then and there. Another bullet of the same discharge by Meliton Buyco found its mark in the body of Irineo Gellangala, who was in almost a straight line from the spot from which Apolonio Ikoy was; that Irineo Gellangala fell and died instantaneously; that the accused appellant Meliton Buyco fired another shot aimed at a group of persons, among them Pedro Zambales and his son Napoleon Zambales, and a bullet of this last shot hit Napoleon Zambales, who died after six days in St. Paul’s Hospital, City of Iloilo; that Eusebio Davila tried to place Meliton Buyco under arrest but the latter threatened him with his Thompson submachine gun, and when Eusebio Davila attempted to succor the three wounded persons, Meliton Buyco warned him to withdraw from the spot, and in view of this attitude on the part of the accused, Eusebio Davila desisted from his purpose through fear that he might be another victim of Meliton Buyco.

Upon examination of the corpse of the deceased Apolonio Ikoy by Doctors Ferrer and Cartagena, there were found three wounds in his body, one which entered the back on the level of the right scapula, another a little below toward the angle of the right scapula, and a third on the left side near the lumbar region, which wounds caused the instantaneous death of Apolonio Ikoy (Exhibit C); on the corpse of Irineo Gellangala there was found one wound in the head penetrating the upper part of the hind occipital bone emerging through the frontal bone, which likewise caused the instant death of said deceased (Exhibit D); and in the corpse of Napoleon Zambales there were found the following wounds according to the medical certificate, Exhibit B:jgc:chanrobles.com.ph

"A bullet wound allowing entrance of 45 cal. bullet situated at the epigastric region with the bullet lodging just anterior to the skin of the lumbar region to the left side of the eighth vertebrae;

"Two wounds in the stomach, one at its anterior and another at its posterior aspect; and three wounds at different loops of the small intestines."cralaw virtua1aw library

The defense, through the testimony of the appellant Meliton Buyco and of his companions, the MP soldier Enrique Bernales and Corporal Braulio Taleon, and Lt. Jose M. F. Pelo, and the musician Antonio Herradura, attempted to prove that at the night in question Corporal Braulio Taleon, the appellant Meliton Buyco, and Pvt. Enrique Bernales, and four other companions, arrived at barrio Trapiche from their station in Guimbal, near the auditorium where a dance was being held; that the jeep used by them developed engine trouble, and while they were fixing it, they heard that a fight was going on inside the auditorium causing public disorder which the municipal policemen under the command of Chief Eusebio Davila could not pacify; that the accused Meliton Buyco, followed by Cpl. Braulio Taleon and Private Enrique Bernales, entered the auditorium, intervened in the fight to pacify the combatants, but were unsuccessful; that one of the combatants hurled himself against Corporal Taleon, wrested from the latter his rifle and aimed the same at him, who had fallen on the ground; that the appellant, upon seeing this, fired a shot from his Thompson submachine gun at the individual who afterwards resulted to be Apolonio Ikoy, the latter falling dead; that after these events, and for fear of reprisal which might come from the relatives of Apolonio Ikoy, the MP patrolmen fled from the place and finally reached their detachment station in Guimbal, where they reported the incident to their chief, Lt. Belo.

The trial judge, who saw, heard and observed the witnesses for the state as well as those for the defense testify, did not believe the version given by the latter. Below we quote the analysis that His Honor made of the defense’s version as related by its witnesses:jgc:chanrobles.com.ph

"El juzgado no da credito a la version presentada por la defensa mediano (mediante) el testimonio de Meliton Buyco, y de sus compañeros Enrique Bernales y Braulio Taleon y del musico Antonio Herradura.

"El testimonio del teniente Jose M. F. Belo no tiene materialidad al caso de autos ni constituye defensa a favor del acusado Meliton Buyco.

"El testigo Antonio Herradura, a quien el juzgado estuvo observando en todo el curso de su declaracion, no ha infundido confianza alguna en el animo del juzgado; pues desde el comienzo de su testimonio ha estado mintiendo hasta el extremo de decir que no revelo a ninguno lo que el habia visto en la noche de autos y que solo lo revelaba por primera vez en aquel dia cuendo declaraba en la vista como testigo; llego tambien a afirmar que no se vio ni se entrevisto con cualquiera de los abogados de la dafensa y que estos le presentaron a el como testigo sin saber de lo que el tenia que declarar; lo cual el juzgado cree que es una falsedad. Ningun abogado, por mas leve que sea el delito o falta atribuido a su cliente, cometera la imprudencia de presentar a su testigo sin antes enterarse de lo que el testigo tiene que declarar.

"Sobre el testimonio del acusado Meliton Buyco y de sus compañeros Enrique Bernales y Braulio Taleon, el juzgado tampoco les da credito. El Exhibit E, presentado en contrapruebas, que es la transcripcion fiel y correcta de las notas taquigraficas tomadas por el taquigrafo Sr. Alfredo B. Coruña de la declaracion del cabo Braulio Taleon el febrero 23, 1946, ante al (el) fiscal Sr. Jose M. Zambarrano, que se constituyo en el lugar del suceso para investigar el caso de autos, y en el que entre otras cosas Braulio Taleon declara que:jgc:chanrobles.com.ph

". . . I just feel he was trying to grab my Thompson, but he was not able to get the Thompson . . ." (El subrayado es nuestro);

contradice la pretension de la defensa de que Apolonio Ikoy arrebato el Thompson submachine gun de Braulio Taleon, cuando este estaba caido en tierra, y que le apunto con dicha arma.

"Braulio Taleon trato de explicar esta contradiccion, diciendo que cuando le investigaba el fiscal Zambarrano no se acordaba de todo lo ocurrido en la noche de autos por haberse desvelado aquella noche, y que en el dia de la vista, Mayo 2, 1946, ya se acordaba muy bien de los detalles del suceso. Al efecto, cuando el juzgado le hizo repetir a Braulio Taleon, durante la sesion de la tarde, lo que el habia declarado en ingles durante la sesion de la mañana el testigo lo repitio rapidamente en el mismo lenguaje ingles palabra por palabra y sin parar hasta terminar. Esto demuestra, como lo ha observado el juzgado, que la declaracion de Braulio Taleon estaba preparada de antemano y bien estudiada de memoria con el proposito de no equivocarse en su testimonio.

"En cuanto a la declaracion del acusado Meliton Buyco, estando la misma amoldada al testimonio de sus testigos a quienes el juzgado no da credito, no merece favorable consideracion del juzgado.

"Es un hecho no discutido que la causa de la muerte de Apolonio Ikoy, Irineo Gellangala y Napoleon Zambales se (ha) debido a las heridas causadas por el acusado Meliton Buyco al disparar descargas de su Thompson submachine gun contra ellos." (Appendix, Appellant’s Brief, pp. VII-X.)

On page 70 of the stenographic transcript there appear, indicating the way the trial judge was impressed by the testimony of the defense witness Herradura, the following question and answer:jgc:chanrobles.com.ph

"JUZGADO: