REPUBLIC OF THE PHILIPPINES

SUPREME COURT

G. R. No. L-3634

Promulgated: May 30, 1951

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,

-versus-

BARTOLO SALADINO and ANASTACIA ALEJO, Defendants-Appellants.

Present:

Paras, C.J., Feria, Pablo, Bengzon, Tuason, Montemayor, Jugo, & Baustista Angelo, JJ.

DECISION

Bartolo Saladino and Anastacio Alejo have appealed from two decisions of the court of
first instance of Ilocos Norte convicting them of the murder of Luis Bernabe.

Accused in one information, they asked, and were granted, separate trials. But with their
consent, the prosecution presented its evidence against both at the same time. Bartolo Saladino
submitted his defense first. Judge Manuel F. Barcelona found him guilty and sentenced him to
reclusion perpetua, with the accessories, and to indemnify the heirs of the deceased in the sum of
P6000, without subsidiary imprisonment, and to pay one half of the costs. Thereafter Anastacio
Alejo presented his witnesses. Rebuttal and sub-rebuttal testimony followed. Judge Antonio
Belmonte, convicted and sentenced him to reclusion perpetua with the accessories, and to
indemnify the heirs of the deceased in the amount of P3000 with subsidiary imprisonment and to
pay on half of the costs.

In this appeal, the appellants submitted, by their respective counsel, two briefs, which the
Solicitor-General answered in one.
 The evidence for the prosecution consisted of documentary evidence and the testimony of
five witnesses:

Januaria Corpus, Dr. Juan Pedro Blanco, Melchor Quevedo, Wilfredo Oaman and Jesus Menor.
These related in substance the following facts and circumstances:

In the night of June 23, 1948 Corporal Bartolo Saladino and Private Anastacia Alejo of
the Philippine Constabulary were resting in the house of Celso Abucay in Paoay, Ilocos Norte,
together with policemen Melchor Quevedo, Wilfredo Osman and George Plan of that
municipality. They had gone on patrol duty to the barrio for the purpose of apprehending those
who on a previous night had fired upon the dwelling. About midnight they were suddenly
awakened by cries for help. They went down and were approached by one Felix Pasion who
reported he had been robbed, one of the robbers being Luis Bernabe. The next morning,
Saladino and Alejo, accompanied by the policemen proceeded to the house of Luis Bernabe in
Barrio Samac of San Nicolas same province. Having found the suspect, they brought him, for
questioning, to the residence of Felix Pasion in Barrio Singao same municipality. It was about
ten in the morning. As Pasion reiterated his imputation, Saladino led Bernabe up the house for
further investigation. He was followed by Anastacio Alejo and the policemen. Bernabe denied
the charge. To extract a confession, Saladino repeatedly boxed and kicked him in different parts
of the body. Bernabe continued denying his guilt. Saladino got a piece of wood, two inched
thick and one yard long, and clubbed him several times on the chest, abdomen and the back.
Then he called on Alejo to take his turn. Alejo reluctantly whipped Bernabe four times with the
branch of a tree, and then retired to the kitchen. Saladino again questioned his prisoner and as
the latter would not admit his culpability, he repeated the severe beating, and tying Bernabe’s
wrists together with a rubber strap, made him stand on a chair, tied the strap to a beam in the
ceiling and then pushed the chair from under Bernabe with the result that the latter was left
hanging in the air. While in that position Bernabe was cudgeled by Saladino, with the wooden
club, on the sides, armpits, stomach, hips and back. It was at this juncture that policeman Plan
interceded for the victim saying, Stop now corporal. Better bring him to your headquarters and
there you will investigate him”. But Saladino ignored plea, and resumed the maltreatment,
loudly predicting that Bernabe would confess before noon. After Bernabe had remained
suspended for five minutes, Saladino untied him, made him sit on a chair and urged him to
acknowledge his offense. As Bernabe persisted in his refusal, Saladino kicked the chair and
Bernabe fell on the floor, even as Saladino pouncing on his captive booted him several times
until the latter lay motionless on the floor. “It seems he is dead,” Policeman Oaman exclaimed.
Saladino replied “No, he is only feigning death” and presently stepped on Bernabe’s throat and
chest. Then Saladino let him alone for fifteen minutes, during which time Bernabe did not stir
nor breathe. An old man approaching Bernabe and taking his pulse said that the man was dead.
Suddenly realizing his predicament, Saladino ordered two civilians to carry Bernabe down and
told Alejo: “shoot him now and we will say that he ran away”. Complying with the corporal’s
order Alejo shot Bernabe four times with his carbine, after the latter had been laid down flat on
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