US v. Caballeros
US v. Caballeros
US v. Caballeros
The evidence does not justify, in our opinion, this sentence. As regards
SUPREME COURT
Manila
EN BANC
Baculi was not a member of the group who killed the Americans, but the he
vs.
when he heard the shots he began to run; that he was, however, seen by
Damaso and Isidoro, the leaders of the band; that the latter called to him
and striking him with the butts of their guns they forced him to bury the
corpses.
reason of irresistible force (par. 9, art. 8). Baculi acted, doubtless, under
such circumstances when he executed the acts which are charged against
The defendants have been sentenced by the Court of First Instance of Cebu
him.
he took any part in any way in the execution of the crime with which he
Wells, and Ernest Eger, because, without having taken part in the said
has been charged; there is conclusive proof to the contrary, since Baculi,
expressly declare that he, Caballeros, did not take any part in the burial of
the aforesaid corpses, nor was he even in the place of the occurrence when
the burial took place. The confession of his supposed liability and guilt,
The fact of the defendants not reporting to the authorities the perpetration
of the crime, which seems to be one of the motives for the conviction and
which the court below takes into consideration in his judgment, is not
punished by the Penal Code and therefore that can not render the
defendants criminally liable according to law.