[G. R. No. L-1085.

January 9, 1948]
THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs. FRANCISCO BALNEG AND WILD EBARNE, defendants and
appellants.

Don R. R. Tugade in representation of the appellants.

Mr. Assistant Attorney General Ruperto Kapunan, Jr. Acting Attorney General and Mr. Adolfo Brillantes on behalf of the Government.

1 CRIMINAL LAW; MURDER; TREACHERY. - The accused killed A with perfidy and therefore should be punished for the crime of
murder. Attends the qualifying circumstances of treachery because of the armed crime committed, by firing their weapons suddenly
and unexpectedly without danger of its share of action that could come to the inhabitants of the house.
2 ID. ; COMPLEX CRIMES AND NOT SEPARATE. - Since the defendants did not fire a single shot but five, and there is no record that
a single bullet caused the death of Anatalia and wounded Placido and Felisa at the same time, it is not applicable to the present case
Article 48 of the Revised Penal Code. (People Against Layos, 60 Phil. Rep., 241) They committed the crime of murder to kill Anatalia,
they wanted to kill a witch and if they did not succeed, it was not withdrawal itself but for reasons independent of their will. No doubt
they did not have the slightest intention of killing the girl F; therefore are only responsible for the crime of minor injuries inflicted to her
not incapacitated or exaggerate the optional assistance.
3 ID. ; EXTENUATING CIRCUMSTANCES; Morbid DISEASE. - The mistaken belief that those accused of killing a witch is a public
good to be considered a mitigating circumstance (Article 13 of the Revised Penal Code) for those who have the obsession that witches
should be eliminated are in pampered condition that he who, attacked with morbid disease, but is aware of what it does, it has no real
rule of his will. (.U. against Macalintal, 2 Jur. Fil., 471)

D E C I S I O N


PABLO, M. :

The defendants appeal from the judgment against them by the Court of First Instance of Negros Oriental, perpetual seclusion, jointly
and severally the heirs of Anatalia Salatan P2,000 the sum of compensation and costs.
Approximately at 7 pm on May 29, 1946, the defendants Francisco Silvestre with a revolver and a rifle passed in front of the house of
Crisanta Alaba in the direction of Placido Tubo. A moment later, Crisanta heard five shots. Shots were discharged against the
defendants Placido Tubo and his wife Anatalia Salatan who were taking tuba at home. This occurred in the neighborhood of Masaplod
Looc municipality of Dauin, Negros Oriental; the first was hit by bullets in both thighs and a bullet pierced Anatalias abdomen,
intestines and liver. She passed away after a few hours. Felisa, daughter, was wounded in the right elbow. Placido after being shot,
jumped out the window of his house and crawled at the foot of the tree "napugos" which is about twenty fathoms of the house. There
spent the night hiding. From where he was tucked perfectly recognized the accused. After the departure of these, Felisa headed to the
house of Crisanta Alaba for help, realizing that his mother was wounded. Crisanta even managed to speak with Anatalia and beg this:
".. Please, help me, help me I'm gonna die" At dawn, Placido came out of hiding and some neighbors asked him to be brought to the
provincial road to wait for a vehicle that could carry people.
Inspection arrived, coincidentally, the Chief of Police and the President of the Health Division Dr. Tomas Abad. Upon learning of the
incident, both were attacked at home and there found the corpse of Anatalia. In the solar near home found empty cartridges and one
not used. Dr. Abad extracted from the corpse of Anatalia a projectile from calibre .45. The Chief of Police endorsed Lieutenant
Mascardo of the Military Police to take up the matter personally. In his search, Lieutenant found in the house of accused Francisco
Balneg in sachet containing 20 cartridges of .30 caliber rifle and 25 caliber revolver for. 45, a cardboard box which contains 50
cartridges of .30 caliber rifle and a revolver caliber .45 and a rifle "Springfield" gauge. 30 in a banana grove near the house. According
to his opinion, these weapons were used in the shot of the empty cartridges he found near the house.
The defense contends that the defendants were not properly identified; that Placido could not have known them with his frame of mind
after being shot and then jumping out of the window then coming to a clear dark place to hide; that under these circumstances, he was
not able to see them. According to Placido Tubo, from his hiding place, he could recognize the accused perfectly. We believe in his
testimony for several reasons: (a) Defendants were not foreign to the people, were their neighbors; (b) between 6 and 7 pm in the
months of May quite clearly still there; (c) the defendants were in an open field near the sea and (d) any offense under those
circumstance, one would seek to recognize those who hurt them.
The defense contends Crisanta Alaba could not have seen them as the accused was preparing dinner. Not true. As for the defendants,
according to the evidence, she was sitting near the door and preparing the food when she heard the shots. No doubt inspired by the
declaration of Crisanta because the wife of the accused, Silvestre Ebarne is niece of her husband.
The fact that the Chief of Police does not take the affidavit Crisanta on May 30 is not sufficient reason to conclude - as claimed by the
defense - that she did not inform him the names of the accused because the evidence shows that the Chief endorsed the case to a
Lieutenant of the Military Police. How had they taken the declaration of Crisanta if the matter was in the hands of the Military Police?
To the north of the house of the deceased is unoccupied space no more than 100 yards to the south of the house of Crisanta. More
natural - the defense argues - that the defendants had done was go through the north side and not near the house of the witness.
They, who came from the south, had no other way. If the defendants had the sense of the ordinary man, they might not have
committed the crime; if they attacked the inhabitants of the house was well aware that what they did were not fulfilled. They were poor
in spirit that blindly believed they were doing community service by killing a warlock. And so convinced of this that Francisco and
Sylvestre in the afternoon the next day, as boasting of his bravery, Dominga Copino realized they fired shots at Placido, the witch, with
a warning not to reveal it to anyone if you did not want to die. Dominga Copino is mother of Francisco Balneg. To rebut this testimony,
Francisco says that Domingo is angry because his wife. It also states that Dominic is angry with the other accused, Silvestre
Ebarne. Here is his statement:
"Q. Do you know also of any trouble between Dominga Copino and the accused Silvestre ? A. I know.

"Q. What is the reason for their quarrel? A. Because of parcel of land which Dominga Copino did not want to share with
Silvestre Ebarne.

"Q. Did Silvestre Ebarne give up his lawful claim on that land? A. Silvestre Ebarne wanted that he would have a share.

"Q. And he succeeded in getting that share? A. Yes, sir, he did."

We do not think so insignificant by some things she was able to lie and attribute to his son Francisco and Silvestre as serious a crime
like murder. Her statement deserves credit despite all that has been said by Francisco, and we believe that the trial judge had the
opportunity to see and hear all witnesses and declare no error incur criminal responsibility. The defense of alibi by Silvestre does not
deserve serious consideration (and Japitana People v Santos, 77 Phil., 175) cannot invalidate the positive statements of Placido,
Crisanta and Dominga. (Article 14, par 16, Revised Penal Code.) Since the defendants did not fire a single shot but five, and there is
no record that a single bullet caused the death of Anatalia and wounded Placido and Felisa at the same time, it is not applicable to the
present case Article 48 of the Revised Penal Code. (People Against Layos, 60 Phil. Rep., 241) They committed the crime of murder by
killing Anatalia and frustrated murder by injuring Plcido.

The mistaken belief that those accused of killing a witch is a public good to be considered a mitigating circumstance (Article 13 of the
Revised Penal Code) for those who have the obsession that witches should be eliminated are in pampered condition that he who,
attacked with morbid disease, but is aware of what it does, it has no real rule of his will. (.U. against Macalintal, 2 Jur. Fil., 471)
Imposed upon the accused is the indeterminate sentence of 12 years 5 months and 10 days to 17 years, 4 months and 1 day of
reclusion temporal for the death of Anatalia Salatan, the indeterminate penalty of 5 years and one day of prision correctional to 11
years and one day in prison for frustrated murder against Placido Tubo and five days of arrest for minor injuries inferred to Felisa Tubo.
It confirms the judgment as to the compensation payment penalties with costs.
Moran, Pres., Paras, Feria, Perfect, Yarn, Bengzon and Tuazon, MM., Concur