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People of the Philippines vs Santiago Asas, et al

Facts:

On March 10 1939, Melchor Ramirez went to plow the T-Field of Maquinang Apoy, in
Santa Rosa, Laguna. The next morning he was found dead. An autopsy performed the
same morning revealed that Melchor Ramirez was the victim of numerous stab wounds,
some of them necessarily fatal, and that he expired at about midnight of March 10, 1939

The suspicion pointed to Julio Asas, Simeon Asas, and Santiago Asas. In the course of
the investigation undertaken by the police authorities of the Calamba Sugar Estate,
upon indication of Julio Asas, the double-blade dagger used in killing Melchor Ramirez
was found in the tampipi of the Asas, the club used in assaulting the deceased was
found below the stove in the kitchen of the house of the Asas family. The investigation
ended with the execution of affidavits by Simeon Asas, Gabriel Asas and Julio Asas,
admitting and describing the commission of the crime. Only Santiago Asas did not
execute any affidavit. On March 14, 1939, the affiants were brought before the Justice
of the Peace of Santa Rosa and there swore to the truth of their statements

The provincial fiscal of Laguna filed the following information for murder against
Santiago Asas, Simeon Asas, Gabriel Asas and Julio Asas. The four accused pleaded
not guilty of the charge. Trial Judge Alejo Labrador, after a careful consideration of the
evidence presented in the case, convicted Julio Asas, Simeon Asas and Gabriel Asas of
the crime of murder with the qualifying circumstance of treachery and the aggravating
circumstance of evident premeditation, and with the attendant mitigating circumstance
of immediate vindication of a grave offense committed against one of the accused, and
sentenced them to suffer the penalty of reclusion perpetua, to indemnity the heirs of
Melchor Ramirez while Santiago Asas, one of the four accused, was acquitted on the
ground of reasonable doubt. From this judgment Julio Asas, Simeon Asas and Gabriel
Asas have appealed to this Court.

Issue

Whether or not Julio Asas, Simeon Asas and Gabriel Asas should also be acquitted on
the ground that their affidavit was obtained through intimidation and force

Ruling

No. Their allegation of threat and force is not only denied but unsubstantiated by the
fact that Santiago Asas, father of Gabriel and Simeon and one of the accused in the
lower court, did not execute any affidavit and made no incriminating statement. On
March 14, 1939, one day after they made their affidavits, they were brought before the
justice of the Peace of Santa Rosa, Laguna. There, after being questioned anew, they
swore to the truth and voluntariness of their declarations. None of them disclosed the
violence to which they had been subjected when the justice of the peace asked each of
them if the declaration were made voluntarily and if they were correct. Sergeant Portillo
to whom the continued threat of the defendants was attributed, was not even present in
the office of the justice of the peace.

Moreover Melchor Ramirez appears to have run away with Marcelina Mojica, wife of
Julio Asas, and maintain illicit relations with her.

The judgment of the lower court is affirmed in all respects, with the proportionate costs
against the appellants

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