Sergeant Felix Gonzales and Jose Urbiztondo police, Fortunato Miraballes Marculino Miranda,

of the village of Cantilla, Surigao, were accused of the murder in the Court of first instance of
Surigao prevention. The first three were acquitted, and the ultimocondenado to life in prison,
with the accessories, to compensation of Tranquilino Ariem heirs in the SumOf P4, 000, and the
proportional part of the coasts. MarculinoMiranda appeal against this decision.
On the afternoon of June 15, 1942, Miranday Miraballes policemen were appointed to keep the
ordering site Uyay, Parang district, in the municipality of Cantilan, Surigao, because there was
held a "topada" of cockfighting. Miranda ordered people quedesalojasen the ring; and as
Tranquilino Ariem desatendierala order, Miranda push you, going with back against the alambra
Hawthorn that surrounds the ring.Ariem anger, came out running and went to the House Luares
deFrancisco and, upon his return, with a bowl in hand, challenge to Miranda. This ordered you
that you drop bolus, disparandotiros air. Ariem not deposed his bellicose continuous actitudy
challenging the police to a fight. Howse had exhausted their cartridges, Miranda police yano
could fire another shot. Inocencio Luares subject to Tranquilino and drove him to the home of
righteous Messiah where drank "tuba" and then took him to the House of sumadre Macaria
Luares.
Annoyed by the attitude of Ariem, Miranda returned alpueblo with Miraballes, and realized the
sagento of the nickel had spent in the cockpit. The Sergeant immediately communicate the fact to
the Mayor Jose Arreza, quienordeno verbally Ariem arrest. The SargentoGonzales, the three
already mentioned police and Luis de losArcos, special police of the Chinese community, were I
acaballo the home of righteous Messiah to arrest him, peroeste informo les Tranquilino and
innocent is habianmarchado after taking "tuba". Inocencio les acompanoa Tranquilino House.
Some twenty meters from the House, the Sergeant, three policemen, righteous Messiah and
Inocencio Luares, removed from their horses and Luis de los Arcos dejarona to monitor the
horses. The policiaMiranda call Ariem, saying that three times the and suscompaneros
represented to the Government; as did not come out, Miranda ordered that you opened the door
and Macaria Luares, mother of Tranquilino, the opened the sargentoy staying three policemen at
the foot of the staircase. The police Mirandasubio and with your "flashlight" busco a
Tranquilino, but nole found because wasn't there. Tranquilinole mother reported that he was in
the basement or cellar. Miranda police is directed to the winery and encontrandoa asleep
Tranquilino, trigger you a shot, which died.
By order of the Sergeant and policemen, deTranquilino Ariem corpse was taken to the village in
a hammock.
The health inspector found on the corpse of TranquilinoAriem a wound (where enter the
projectile) between the ear and the eye left, leaving embedded elproyectil behind the right ear.
Encontro ademasuna small wound in the Palm of the hand.
The defendant does not deny causing death of TranquilinoAriem with a shot from his service
revolver gauge. 38; but, as a defense, claims that the le disparoun shot because when I call the
House, Tranquilino saliode Winery, and with a bowl in hand, try to attack him; that ordering
Ariem firing shots in the air to bolo soltaseel, but continuous Ariem avansando and brandishing
threatening subolo; as Sergeant Gonzales said: "Disparaleantes that you kill", and therefore
trigger the tiroy "Ariem fell to the ground, having slid the Palm desu hand on the edge of the
bowl." We believe that it was acertadoel Honorable judge to not give credit to the accused
defensadel. If it is true that Tranquilino Ariem estabade foot and wanted to attack him, the
projectile there is entradoen the left side between the ear and the eye left, it had received the
projectile in front, and the trayectoriade bullet would have been horizontal. Input and the
trajectory of the projectile wound indicates that TranquilinoAriem should be actually lying face
up and deperfil when received the shot. A man that acometeno is put aside, but front. The path
delproyectil is oblique, upside down. This says the revolver was more than head high. If
elrevolver and head had been at same height, the bullet had embedded between the eye and the
orejaderechos and not behind the right ear. It is not true, therefore, that when he received the
fatal shot TranquilinoAriem was in the courtyard of the House with intent to deagredir the police
Miranda. Luis de los Arcos, one of the witnesses of the prosecution, in cross-examination stated
that, upon arrival, after hearing gunshots, found on the corpse of Tranquilino Ariem local; but
when clerked Provincial le showed his sworn statement (Exh.C), which had declared that, to his
arrival habiaencontrado the corpse in the cellar, Luis de los Arcosse went with the mantra that I
sign the affidavit fiscal porqueel and the Mayor threatened you to throw of the us not signed it.
Lawyer Roque V. Andaya (that fiscal fuel that I investigate the case) and the Mayor Andres
Arrezadesmintieron this statement of Luis de los Arcos; ambosdeclararon they not the
threatened. There is no doubt queLuis of the arches was the one who changed his statement
parasincronizarla with the defence witnesses; the queaparece in the affidavit must be right and
not what you dijoen repreguntas during the hearing. "esprit de corps" will be influenced Luis de
los Arcos to change his statement, in order to save the accused, which is companerosuyo.
It is not strange that the complaint in this case only available drafted in February 10, 1948 in
Surigao, Surigao, when the crime took place on 15 June 1942. This can be explained: two days
after delsuceso the Japanese occupied the province and all the nervous mundoestaba, all had
come out of their houses, so esque nothing could be done on the issue. But after the liberation,
the mother of the deceased had to go wing head of the province because your complaint I find
ecoen the municipal authorities, and it was when the Attorney Andaya took letters on the issue. If
someone should sercensurado, will not be the mother of the deceased, but the
autoridadesmunicipales you might have wanted to throw Earth on ladesgraciada performance of
the Sergeant and three municipal policemen.
Another detail to not believe in the defense of the accused: the wound in the Palm of the hand of
Ariem. The madrede this declare that, when they removed the corpse from the cellar, I had no
wound in the Palm of the hand. The heridadebio have been infligiba may Ariempara solar give
signs of truth to the alleged self-defence.
The Sergeant and other municipal police hayandeclarado in favour of the accused, it is not
surprising; obraroncomo Luis de los Arcos, for companionship. All susdeclaraciones can not
veto in the most minimum valorprobatorio of the wound produced by projectile than seincrusto
head of Ariem. This wound is testigoque don't lie.
There is more: for the simple challenge to a fight in part deAriem, the defendant, Sergeant,
several police officers and two companerosquisieron arrest him after transcurridovarias hours,
without a warrant of arrest debidamenteexpedido. That was a real abuse of authority. Unpolicia
may arrest, without a warrant of arrest, a person that is committed in their presence a crime; but
after a task, especially when it is the offended, should formulate the corresponding complaint and
pedirun warrant of arrest, which must be carried out by another.
There is no doubt that the accused and his fellow Miraballesse felt very me because they did not
appease Ariem and, if it had not been for the intervention Luares, the defendant would have
perhaps to flee. To avenge this humiliation in public, the defendant accompanied by Sergeant,
three policemen, a police officer especialy two escorts wanted - according to these - arrest
Ariem; but not to arrest him: killed you.
The crime committed by the defendant is murder; I privo Ariem life with malice aforethought,
consisting during shoot criminal shot when I was asleep.
There is an aggravating circumstance, the haberseprevalido the defendant from his police post,
and a mitigation, for having introduced the Mayor immediately after committing the crime.