People v Tirol

Date: Januray 31, 1981

Petition: REVIEW of the decision of the CFI of Cotabato
Plaintiff-Appellee: People of the Philippines
Facts:
Review of the decision of the Court of First Instance of Cotabato,
Branch III, in Criminal Case No. 360, dated March 31, 1969, imposing
on Bonifacio Tirol and Ciriaco Baldesco the death penalty for each of
the seven (7) murders and an indeterminate sentence for each of the
two (2) frustrated murders.
Beatingco and Casian waked Kosain Manibpol up, with the former
wanting to borrow land. Kulas Bati suddenly arrived, punched
Manibpol, and, along with 10 other men, proceed to hack and bolo
Manibpols family. They killed his wife and 6 children. Manibpol
escaped with one daughter, Undang, seeking refuge in their neighbors
house. Only Tirol and Baldesco were apprehended.
The Provincial Fiscal of Cotabatos investigation led to the same facts,
with only the survivors testifying. The survivors recognized assailants
and said that Baldeesco killed the wife, and Tirol eldest
daughter. Undang also mentioned that she used to see Tirol passing
by the house going to Baits house before.
The main defense of accused was alibi, with Baldesco claiming to have
dinner with the family and listening to the radio till he fell asleep, and
Tirol claiming that he was looking for a job out of town. The alibis were
founded with no merit and that they were merely concocted last
minute.
Trial court ruled that they were GUILTY BEYOND REASONABLE DOUBT,
SENTENCED TO DEATH, for 7 counts of murder and SENTENCED TO
10-17 YEARS AND 4 MONTHS for 2 counts of frustrated murder, plus
payment to survivors. (Based on Arts. 248 and 6 of RPC)
They made a joint appeal to the SC. During the pendency of the
appeal, Baldesco died while in prison.

Issues:
Whether or not Baldesco and Tirol are guilty of the crimes as
sentenced by the CFI of Cotabato.
Whether or not Baldescos death extinguishes is civil and criminal
liability.
Held:
The SC modified the CFIs decision and raised the civil liability of both
the accused. The rest of the CFIs judgments are affirmed.
Ratio:
The accused brought up five errors in their appeal:
1. The death certificates were not based on personal viewing but on
sketches.
SC states that the deaths are not the issue and that the evidence
of their deaths remains uncontroverted.
2. The court disregarded their alibis.
SC finds the alibis without merit, saying that the distance could
have been covered within the timeframe of the crime. Also, they were
positively identified by the survivors.
3. The court did not grant a new trial.
SC says this was filed out of time. Rule 122 of the Rules of Court
says that they can file only within 15-20 days. They filed 28 days after
the judgment. The extra-judicial admission was also bereft of merit.
4. The evidence failed to establish conspiracy
SC says that it is clearly established that accused and cohorts
acted in unison in committing the crime.
5. Decision is contrary to law.
Guilt is clearly established.
On the Penal and Civil Liabilities of the Deceased Baldesco:
Penal liability is extinguished because of death, but civil liability
remains.