PEOPLE VS.

CASTELO

FACTS: Oscar Castelo, was designated to act as Secretary of National Defense in addition to his duties in the Justice Department. Due to his feud with Senator Claro M. Recto,resulting to various charges against him, he told his bodyguard, Ben Ulo that Monroy,being the witness of Recto must be killed. Thereafter, Ben Ulo gathered his "boys" and went to Pasay looking for Monroy.At the time Ben Ulo was giving lastminute instructions to his "boys", Manuel P. Monroy was unconcernedly playing "mahjong" at hisapartment. After Ben Ulo had left and pursuant to his instructions, Scarface, De Jesus, Gonzales, Enriquez and Realista walked along David Street. Scarface who was supposed to be the triggerman, showed some hesitation, so De Jesus entered the pasillo and went towards the apartment where Monroy was playing.De Jesus suddenly fired three successive shots at Monroy.He was taken to the hospital where he soon died.The NBI in cooperation of Manila Police gathered confessions from the boys of Ben Ulo however, Ben Ulo denied his involvement to the crime.All these statements or confessions relate, with some variations as to minor details, the story of the assassination, the motives thereof and the names of the raiding parties. Appellants set up the defense of alibi, even as they claimed that the statements they gave to the NBI and the Manila Police had been extorted from them by means of violence, and that the contents thereof were not true. ISSUE: Wether or not the accused-appellants shall be acquitted/their alibi be considered as a defense?

HELD: The defense of alibi set up by Miray, Gonzales, Enriquez, Hipolito and De Jesus deserves little attention for its flimsiness, bearing in mind that Manila is just 15 to 20 minutes drive to the scene of the crime. Besides, it contradicts their individual confessions wherein each mutually names one another as his partner in crime, each describing his own participation therein, and each corroboration or supplementing one another's narration of material facts, and all mentioning Ben Ulo as their leader. Those confessions unfurl a picture of conspiracy amongst themselves and other persons to snuff out the life of Monroy, De Jesus actually firing the fatal shots and the others lending him support while posted at strategic places. In the absence of collusion among the declarants, their confessions should be read together, in order to form a complete picture of the whole situation, and to consider them collectively merely as corroborative and/or confirmatory of the evidence independent therefrom. Henceforth,the accused are convicted for murder qualified by premeditation all the herein accused-appellants is affirmed. There are aggravating circumstances, like nighttime, aid of armed men, etc.

Notes

Confessions:
Bienvenido Mendoza(Ben Ulo) All the confessions point to him as the mastermind, directing his "boys" in the slaying expedition He in turn had received orders from Castelo: Rogelio Robles so declared in court. There is no doubt, he was the trusted bodyguard of Castelo-and a known killer. Pedro Enriquez, Hipolito Bonifacio, Jose de Jesus, Domingo Gonzales and Felix Miray. Their confessions, wherein admitting their own participation in the crime, they indicated the other members of the liquidating squad. They were all pointed out at the trial by Rogelio Robles. Jose de Jesus shot Monroy15, while the others were located at strategic places nearby ready to shoot it out if necessary and/or to furnish means of retreat. Felix Miray drove one of the cars that carried the group to David Street, Pasay. At that time, Gonzales, Enriquez, Robles, Melencio and De Jesus were special agents of the Department of National Defense (recommended by Ben Ulo, his "boys"). And shortly after the death of Monroy, Bonifacio was appointed agent too by Castelo naturally. De Jesus as the triggerman, was seen by William Clemens and by Canlas, both of whom identified him in court. And Pedro Enriquez' confession, corroborated their assertions. Augusto Melencio. His confession, parts of which have been transcribed above. The testimony of Robles linking him with the liquidation squad. The confessions of his co-accused describing his participation. . Oscar Castelo. His desire and interest to eliminate Monroy. The testimony of Robles as to his orders to kill. The confession of Melencio as to such orders too. He had subservient bodyguards or agents to do his bidding. The confessions of such agents. On top of all this, his conduct at the Shellborne hotel revealed his culpable connection with the assassination plot. In fine, the case of the People is so strong against him, that it would be unjust to set him free and yet imprison his seven subordinates who merely carried out his commands. .

Alibis: Jose de Jesus. The night Monroy was killed (June 15, 1953), he was playing "cuajo" in the house of Rizalina de la Rosa in Calle Asuncion, Manila; he started playing from about two or three o'clock in the afternoon up to five o'clock in the following morning, having taken his supper at Rizalina's house. Pedro Enriquez. After receiving his salary at three o'clock in the afternoon of June 15th, he went to La Loma where he took a siesta with his common-law wife Andrea Marifosque at about dusk, one Remedios Tagle came and had supper with them; and thereafter, he went to bed and never left the house that night. Felix Miray. He stayed the whole day, June 15th, at home at 707 Pablo Carreon, Manila, nursing a toothache. .

Domingo Gonzales. After taking a siesta on June 15th, he trained his fighting cock with other roosters until he was called for supper; then he read comics and retired at about eight or nine o'clock. Hipolito Bonifacio. He was in his house at 1247 Interior 9, Juan Luna, on June 15th, because his wife had a severe attack of asthma, which lasted up to June 17th; and between six and eight o'clock on the night of June 15th, he was massaging his wife's back on account of her ailment. Ben Ulo. He escorted Mrs. Castelo from six o'clock in the evening of June 15th, to a party at the Jai-Alai with friends, such as Mrs. Gianzon, Mrs. Leuterio, and others, and stayed there until early hours in the morning when he conducted Mrs. Castelo home. He denied all the imputations of Robles, admitting, however, that he was not forced to make a statement nor subjected to any physical violence by the police, although he was somehow threatened; and that Lacson had offered to give him P10,000.00 ff he would turn witness against Castelo, which offer he refused. Augusto Melencio. In the afternoon of June 15th, he went to Cabanatuan City with Major Vina of the Quezon City Police on a robbery case which they were investigating; that they rode in a jeep driven by Patrolman Maximo Francisco, arriving there at about seven o'clock; that they returned from Cabanatuan the following morning, June 16th. He further said that on January 5, 1954, after learning from the newspapers that he was included in the information, he voluntarily surrendered to Mayor Lacson and that his statements Exhs. JJ and HH-1 were not given by him voluntarily, as the contents thereof were merely dictated by Fiscal Andres Reyes to stenographer Miss Paredes; and that he was merely cajoled into making said statements. Oscar Castelo. He was in Korea on June 15th, having left Manila on the 8th and returned on the 26th. He denies having told Ben Ulo, on the last week of May, in the presence of Robles and Scarface, to kill Monroy because, having been a fiscal and a judge, he could not have committed the gross indiscretion of telling such serious matter in the presence of strangers, as Scarface and Robles, whom he did not know; adding that if he really ever wanted to do away with anybody, he could have just told his brother to shoot the victim without the need of anybody else's help, because his brother is a sharpshooter of note and is a worthy representative of the Philippines in international shooting competitions; besides, his catholicity does not permit him to entertain such a wish to kill. He further said that it would have been better for him to have Monroy alive because it was Monroy who could precisely vindicate him from the accusations of Senator Recto; because, after having testified before the Blue Ribbon Committee, Monroy, accompanied by his cousin, Atty. Cancio purposely came to see him on May 21st, wept, embraced him, and asked for forgiveness for having so testified; that be and Monroy made up since then, Monroy promising that at some subsequent time, he would retract what he had testified before the Committee and would issue a statement to that effect in the press. Castelo likewise denied the imputation of Robles that on June 1st, he instructed Ben Ulo, in the presence of witnesses Robles and Scarface, that Monroy be killed after he had left for Korea; he swore that this is a lie because he did not go to his office that morning as he had a cruise on board a navy vessel around Manila Bay with prominent persons such as Commodore and Mrs. Francisco, Clarita Tan Kiang, Fiscal Milagros German, Mr. and Mrs. Gianzon and others, and that after the cruise he attended a BZSCOM meeting then went to the Philippine National Bank at the Escolta to act on some important papers, after which he went to V. Luna Hospital for dental treatment.

He similarly branded as false the insinuation in Melencio's written statement that before he boarded the plane for Korea he (Castelo) called Ben Ulo and Melencio aside and reminded them that Monroy should be killed before his return. He also denied another Melencio's insinuation that after his arrival from Korea he asked Ben Ulo in the presence of Melencio how was the "job" done and if anybody saw it done; that it was likewise false that before he left for the United States in August, he told Ben Ulo to take care of the "boys" and see to it that they do not talk.