People vs. Gajo No.

L-2012 June 27, 1949 Facts: The six defendants were Salvador Diama, Sofronio Gajo, Julio Nono, Conrado Galapin, Romeo Ampid and Emeterio Zarate (note: they were members of the guerrilla force in the Island of Panay). They were charged with triple murder for killing Esperanza Garganera de Nograles and her two sons, Romeo and Augusto. The appellants, together with Zoilo Garganera crossed over Guimaras and established a forward command post in the municipality of Buenavista. It was said that it was for the purpose of gathering food supplies for the guerrillas in the mainland of Panay. Corporal Diama summoned his co-appellants together with Zoilo Garganera to get ready for they are going out. He also gave his men firearms. They went to the place of the Nograles family of which just transferred to Barrio Suclaran from Barrio Sto. Rosario. By the imperative of Corporal Diama, they arrested Esperanza, Romeo and Augusto. Zoilo Garganera protested since they were his relatives. However, the defense said that he approved the idea of arresting them. The Nograles family was then asked for an investigation. They were brought to the beach to be investigated. Upon arrival, Corporal Diama said that it was best for them to kill the three since thay were Japanese spies. Esperanza and Augusto were boloed while Romeo tried to escape and was shot. Moved for the suspension of the hearing so as to submit their case to the Tenth Guerilla amnesty Commission. Motion was granted. The Amnesty Commission, however, denied their petition. Upon resumption of trial, the court found that Diama, Gajo, Nono, Ambia, Zarate were principals of triple murder while Galapin was an accomplice The accused appealed to the Court of Appeals, of which, went up to the Supreme Court due to the nature of the case.

Issue: WON the accused can claim amnesty in the case at hand. Held: Appellants entitled to the benefits of amnesty Proclamation and reversing the decision appealed from. Ratio: Guys, if you read the case, there was something about Captain Ga (someone of higher position). The explanation was that the accused did not commit the crime out of their own. Captain Ga ordered them to kill the Nograles family due to personal motives and not only because of them being Japanese spies. (There were other possibilities presented in the case)

STATCON: Liberal Interpretation of Amnesty Proclamation: Hence, the accused were entitled to the Amnesty Proclamation: any reasonable doubt as to whether a given case falls within the proclamation shall be resolved in favour of the accused. It was enough, under a liberal interpretation of the provisions of Amnesty Proclamation, and their application, that the order given to liquidate the deceased was ostensibly based on the Nograles family being Japanese spies, and what is more important, that the appellants, before carrying out the order, had received information to the effect that Esperanza and her two sons were really aiding the Japanese.