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Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L             March 31,

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
NICOLAS MOJICA Y GIRA, accused-appellant.

Office of the Solicitor General for plaintiff-appellee.
Salvador J.

Lorayes for accused-appellant.

PER CURIAM:

Review of the judgment of the Court of First Instance of Rizal finding appellant Nicolas Mojica guilty of murder and sentencing him to death penalty, and the accessories.

Appellant Mojica and Primitivo Ala were charged in the said Court with having murdered prisoner Ruperto Artus y Garcia in Muntinlupa, Rizal, on the 24th day of March,

Primitivo Ala Pleaded guilty to the information and was consequently sentenced to death.

This Court affirmed the sentence upon review in G. R. No. L

Mojica, on the other hand, did not plead guilty. So trial proceeding, after which he was found guilty as charged and sentenced to death.1äwphï1.ñët

As stated, this is a review of the judge's decision.

It appears that at about o'clock in the afternoon of March 24, , Gabriel Buclating, one of the leaders of the "OXO gang",1 was stabbed to death by certain members of the "Sigue-sigue gang"2 inside the New Bilibid Prisons at Muntinlupa, Rizal.

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To avenge the death of such leader, a member of the "sigue-sigue gang", a prisoner named Ruperto Artus, was stabbed to death two hours thereafter (at about p.m.) in Cell No. 1 of Dormitory No. 3-C of the said prisons. Immediately after the stabbing of said Artus, Nicolas Mojica and Primitivo Ala, both prisoners and members of the "OXO gang" offered to surrender to the prison guard, Jose Magkalas.

Before they were brought out of the cell, they were ordered by said Magkalas to throw out of the window of the cell, the weapons used in the killing, an ice-pick and a flat and pointed instrument. Both accused, upon coming out of the cell, had blood on their clothes and hands.

Primitivo ebok ala biography wikipedia The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Answers. Arce Ignacio Espiritu for Appellant. Upon being apprised of this event, Ala and Mojica, who are members of the "OXO Gang", decided to kill their co-prisoner Ruperto Artus, who seemingly belong to the "Sigue Sigue Gang", in order to avenge the death of Buclatin. Speaking of his personal life, John married Aurina Manansala in the year

At the time Mojica inside the cell, expressed willingness to surrender to the prison guard, he was holding in his hands, the flat and pointed instrument, Exh. "A". Both prisoners admitted having stabbed and killed the prisoner Artus. Benito Geronimo, the officer-in-charge of the security guards, took their confession in writing, and the same was subscribed and sworn to before the Assistant Director of Prisons.

Another prison guard, Benjamin Aman, witnessed the investigation and the taking down of the confession.

In Mojica's confession, it is related that:

This afternoon at about p.m., 24 March , after having heard that one of our leaders in the OXO gang, GABRIEL BUCLATIN was stabbed to death by members of the Sige-Sige gang, I and prisoner PRIMITIVO ALA, decided to kill a tagalog prisoner inside our dormitory called RUPERTO ARTUS in revenge to the death of our leader.

During the trial, Mojica admitted being a member of the "OXO gang".

He, however, denied the commission of the crime, claiming that he had signed the extrajudicial confession because he had been beaten by men in khaki pants whose identities he did not know.

Primitivo ebok ala biography He is also became a leader in the prison where Marcial Ama's prison, and they both electricuted in the same reason. Unanswered Questions. Birthday May 28, Geronimo, of said penal institution, which statement was subsequently sworn to by Mojica before the Acting Assistant Director thereof.

He further claimed that his surrender was, likewise, only forced upon him by leaders of the "OXO gang", namely Fortunato Birotiao, Cresencio de la Cruz, Francisco Brillantes and Rodolfo Ibañez; that these threatened him with death should he refuse to admit the killing. He explained that his hands had blood in them because his co-accused, Primitivo Ala smeared them with his (Ala's) bloody hands.

Upon review of the records, we find substantial evidence corroborating the extrajudicial confession of Mojica.

The murder weapon he described in the extrajudicial confession was the very same weapon he was seen holding in his hands inside the prison cell by prison guard, Jose Magkalas, and the same weapon which appellant Mojica threw out of the cell window upon orders of the prison guard. In this extrajudicial confession, he admitted having stabbed the deceased on the sides and the stomach.

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    • The deceased was found to have suffered stab wounds on said parts. Moreover, those parts of appellant, Mojica's narration (in the extrajudicial confession) concerning the participation of his co-accused, Ala (aside from the fact that said co-accused confessed to the crime before the lower court and was thereby convicted), are also corroborated by the testimony of the prison guard, Jose Magkalas.

    As to the voluntariness of the execution of the extrajudicial confession, there is no question that it had been voluntarily made.

    The statement was subscribed and sworn to before the Acting Assistant Director of Prisons before whom appellant could have complained had there really been any irregularity, or any violence used upon him. Furthermore, appellant could not identify the people who allegedly forced him to execute the admission.

    Primitivo ebok ala biography pdf His counsel having answered in the affirmative, arraignment took place, the court interpreter reading the information and translating its contents to the accused. Said transcript reveals that upon arraignment, counsel for Ala stated, in open court, that after advising him of the contents of the information, Ala "manifested his desire to plead guilty" to the charge. According to the prison doctor, the nature of the same and the effects thereof were: jgc:chanrobles. CESE v.

    As to his surrender to the prison guard thru intimidation by the leaders of the "OXO GANG", his explanation is unconvincing. He could have sought protection from the prison authorities once he was out of the cell; he could have revealed to the same, the frame-up against him, and pleaded for separation from the vicious gang.

    The explanation relative to the blood in his hands contradicted the testimony of his co-accused Ala. While Mojica said that it was Ala who had placed blood on his hands, the latter (Ala) said that it was Fortunato Birotiao who placed blood on the hands of Mojica. The presence, though, of blood on Mojica's clothes was not at all explained.

    The testimony of Primitivo Ala pointing to Fortunato Birotiao Jose Garcia, Rodolfo Ibañez and Francisco Brillantes as the perpetrators of the crime is completely inconsistent with his plea of guilty when he was arraigned for said crime in the lower court.

    When his judgment of conviction was brought before this Court en consulta in case G.R. No. L,3 we found upon study of the case that he had adequate knowledge of the nature of the charge against him, of the meaning of his plea of guilt and of the consequence thereof. And we affirmed the judgment of conviction against him.

    The element of conspiracy attended the commission of the instant crime.

    Both the extrajudicial confessions of appellant and of convict Primitivo Ala as well as the latter's judicial confession contain statements to the effect that they had agreed to kill the deceased Artus to avenge the death of a leader of the "OXO gang". The circumstance of evident premeditation attended the commission of the crime.

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    • There is ample evidence of how and why the crime was planned, sufficient time4 having been shown to intervene between its inception and execution. There is also treachery. Two men stabbing another forty times in vital parts or the body cannot but insure the death of the latter. Also, the attack on the victim was sudden. As Mojica has described in his extrajudicial confession, the victim was just standing inside the cell when appellant suddenly, stabbed him on the waist followed by his co-accused Primitivo Ala.

    Considering that Primitivo Ala appellants co-accused, has been sentenced to die, (despite his judicial confession which is a mitigation), considering that the conspiracy has been shown, and considering that the crime was committed while the accused was serving sentence, the extreme penalty of death necessarily is in order.

    The judgment en consulta is affirmed in all parts and respects.

    Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.

    Footnotes


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