People of the Philippines vs. Bonifacio Tirol and Ciriaco Baldesco (People vs. Tirol) No. L-30538 Chris Paredes; Law 100 – Persons Group B2 FACTS

• Review of decision of CFI of Cotabato • December 4, 1965; 8:00 PM – Kosain Manibpol woke up to see 2 people (Beatingco,

Jr. & Julian Casian) outside their house at Kabalangasan, Matalam, Cotabato. They asked to borrow his land and he agreed. Afterwards, Kulas Bati arrived shone a flashlight to his face and boxed him. The rest of their companions (10 or more) arrived with “kalsido” bolos and firearms, hacking him, his wife (Kadidia Kalangtongan), and 7 children (Daduman, Malaguianon, Locayda, Pinangcong, Baingkong, Abdul Rakman, & Undang Kosain). Wife and 6 children died except for him and Undang Kosain (6 y.o. daughter).

• Kosain Manibpol fled to the house of their neighbor Angcogan while Undang Kosain fled to the house of their neighbor Antalig.

• The following were charged with multiple murder and double frustrated murder: o Nicolas Bate – boxed Manibpol. Hacked the back of Undang Kosain. Seen

carrying a firearm. o Beatingco Junior o Ruperto Diosma o Pablo Diosma o Lorenzo Canio o Durico Sugang o Teofilo Baldesco o Ciriaco Baldesco (48 y.o., married) – caught. o Julian Casiang o Nick Bunque o “Miestizo” o Sofring Romualdo o Bonifacio Bautista (amended to Bonifacio Tirol; harelipped or “bungi”, 31

y.o. married) – caught. • Alibi of Ciriaco Baldesco – After pasturing his carabao, went home at 6:00 PM and

had supper then listened to the radio until 9:00 PM thereafter slept. Produced 2 witnesses a witness to bolster the alibi. Demetrio Riparip (25 y.o., single, former elem. teacher and a boarder at Baldesco’s house) stated that he had dinner with accused at 6:00 PM before sleeping at 7:00 PM. Teofista Baldesco (daughter, 21 y.o., married, housekeeper) stated that the same thing as Ciriaco.

• Alibi of Bonifacio Tirol – He was at Salat, Kabacan, Cotabato from Dec. 2 to 7 seeking employment at the logging firm of Felipe Tan. Nicolasa Tirol (wife) and Rufino Duan (23 y.o., single, friend in the logging firm) confirmed his absence from Dec. 2 to 7.

• October 23, 1977 – Ciriaco Baldesco died in New Bilibid Prison Hospital ISSUES / HELD

• Lower court erred in admitting death certificate (only based on the sketch prepared by police) issued by the doctor who did not personally view and examine the victims? – NO.

• Lower court erred in disregarding testimonies of accused despite strong evidence showing they were not in the scene of the crime? – NO.

• Lower court erred in not granting new trial since complaining witness made a voluntary extra-judicial admission (thru an affidavit executed by Romualdo Diosma, Barrio Captain of Lampayan, Matalam, Cotabato) that he merely involved Baldesco for a consideration? – NO.

• The evidence failed to establish conspiracy among the accused? – NO. • The decision is contrary to law? – NO. • Death of Baldesco extinguishes criminal liability? – YES. • Death of Baldesco extinguished civil liability? – NO. (J. Barredo dissenting.)

RATIO

• The death certificates are only corroborative of the testimonies of the prosecution witnesses.

• The defense of alibi, which is easy to concoct, must be received with utmost caution, for it is one of weakest defenses that can be resorted to by an accused (People v. Castañeda; People v. Cortez). “Alibi is unavailing once the accused is positively identified by one without motive to charge falsely said accused, specially with a grave offense that could bring death by execution on the culprit.” (People v. Estante)

• The purported extra-judicial admission is a last-minute concoction. • “Conspiracy implies concert of design and not participation in every detail of the

execution…” • Civil liability of Baldesco remains to be determined which can be recovered from his

estate. SEPARATE OPINIONS C.J. Fernando, Concurring

• The criminal case was terminated upon the death of Baldesco. J. Barredo, Concurring & Dissenting

• Both civil and criminal liability are extinguished upon the death of Baldesco.