US Vs Caballeros

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Facts:

Robert Baculi and Apolonio Caballeros were convicted as accessories to the crime of assassination or
murder of four American school-teachers, having buried the corpses of the victims to conceal the crime.
They were allegedly coerced.

Issue:

WON the defense under Art12(5) is tenable

Held:

Yes. Not only is Baculis confession that he only assisted in the burial of the corpses because he was
compelled by the murderers, but this was corroborated by the only eyewitness to the crime, Sabate.
Sabate said that he was present when the Americans were killed; that Baculi was not a member of the
group of murderers but he was in the banana plantation gathering some bananas; that when he heard
the shots he began to run; that he was, however, seen by Damaso and Isidro, the leaders of the band;
that the latter called to him and striking him with the butts of their guns forced him to bury the corpses.

As for Caballeros, there was no proof that he took any part in the execution of the crime; there was
conclusive proof to the contrary. Sabate and Baculi declared that 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. Their failure to report the crime is not an offense punished by the Penal Code.

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