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United States Vs.

Apolonio Caballeros
Mapa, J.; March 29, 1905
G.R. No. 1352

FACTS:
§ Roberto Baculi was in his banana plantation gathering bananas when he heard some
shots fired. He tried to run, but was seen by Damaso and Isidro, leaders of the band who
fired the shots and striking him with the butts of their guns, forced him to bury the
victims: four American school teachers shot to death.
§ Apolonio Caballeros and Baculi was then arrested for the crime.
§ The two confessed their guilt and was sentenced to seven years of presion mayor as
accessories.

Issues:
§ Whether or not the penalty was correct.
Held:
§ No. Decision reversed and defendants acquitted.

Ratio:
§ Baculi is exempt from liability for he acted under the compulsion of an
irresistible force since he was under threat by the band.
§ As for Caballeros, ther was no proof of his participation in any way to the
crime charged. Witnesses confirm that he was not even in the place where the
burial took place. Covarrubias, a witness, said that his confession of guilt was
made through a promise that “nothing will be done to them”. Under such
circumstance, the confession cannot be accepted as proof on trial, for it was not
made freely and voluntarily.
§ Their failure to report the crime to the authorities is not a crime punishable
by the RPC.

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