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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.