G.R. No.
L-14595 May
31, 1960
THE PEOPLE OF
THE PHILIPPINES
vs.
HONORABLE GREGORIO MONTEJO, Judge, Court of First Instance, Zamboanga City and Basilan City, MAYOR LEROY S. BROWN, DETECTIVE JOAQUIN R. POLLISCO, PATROLMAN GRACIANO LACERNA aliasDODONG, PATROLMAN MOHAMAD HASBI, SPECIAL POLICEMAN DIONISIO DINGLASA, SPECIAL POLICEMAN HADJARATIL, SPECIAL POLICEMAN ALO, and JOHN DOES
HONORABLE GREGORIO MONTEJO, Judge, Court of First Instance, Zamboanga City and Basilan City, MAYOR LEROY S. BROWN, DETECTIVE JOAQUIN R. POLLISCO, PATROLMAN GRACIANO LACERNA aliasDODONG, PATROLMAN MOHAMAD HASBI, SPECIAL POLICEMAN DIONISIO DINGLASA, SPECIAL POLICEMAN HADJARATIL, SPECIAL POLICEMAN ALO, and JOHN DOES
FACTS:
A sub-police station was established upon the
orders of Mayor Leroy S. Brown in sitio Tipo-Tipo, district of Lamitan, City of
Basilan. Said sub-station was composed regular and special policemen all armed
with pistols and high power guns. It was alleged that criminal complaints were
entertained in the said sub-station and that defendant Joaquin R. Pollisco
acted as investigating officer and exercised authority to order the
apprehension of persons and their
detention in the camp, for days or weeks, without due process of law and
without bringing them to the proper court.
On June 4, 1958, Yokan Awalin Tebag was
arrested upon orders of Mayor Brown without any warrant or complaint filed in
court. Tebag was allegedly maltreated while being taken into the sub-station
and was again mauled at the sub-station, said torture resulted to Tebag’s
death.
The private respondents were then charged
with the crime of murder before the Court of First Instance of the cities of
Zamboanga and Basilan.
Senator Roseller Lim entered his appearance
for the private respondents. The prosecution is questioning said appearance due
to the constitutional prohibition for senators and members of the House of
Representatives to appear as counsel in
any criminal case wherein an officer or employee of the Government is accused
of an offense committed in relation of his office.
ISSUE:
Whether or not the crime charged is committed in
relation to the offices of the private respondents.
HELD:
Yes, a mere perusal of the amended information therein
readily elicits an affirmative answer. It is alleged in said amended
information that "Leroy S. Brown, City Mayor of Basilan City, as such,
has organized groups of police patrol and civilian commandoes consisting of
regular policemen and ... special policemen, appointed and provided by him with
pistols and high power guns" and then "established a camp ... at
Tipo-Tipo," which is under his "command, ... supervision and control,"
where his codefendants were stationed, entertained criminal complaints and
conducted the corresponding investigations, as well as assumed the authority to
arrest and detain persons without due process of law and without bringing them
to the proper court, and that, in line with this set-up established by said
Mayor of Basilan City as such, and acting upon his orders, his codefendants
arrested and maltreated Awalin Tebag, who died in consequence thereof.
It is apparent from these allegations that, although
public office is not an element of the crime of murder in abstract, as
committed by the main respondents herein, according to the amended information,
the offense therein charged is intimately connected with their respective
offices and was perpetrated while they were in the performance, though improper
or irregular, of their official functions. Indeed, they had no personal motive
to commit the crime and they would not have committed it had they not held
their aforesaid offices. The co-defendants of respondent Leroy S. Brown, obeyed
his instructions because he was their superior officer, as Mayor of Basilan
City.