Professional Documents
Culture Documents
Tirol
G.R. No. L-30538, 31 January 1981
Plaintiff-Appellee: People of the Philippines
Defendants-Appellants: Bonifacio Tirol and Ciriaco Baldesco
Facts:
This is a review of the decision of the Court of First Instance of Cotabato, Branch III,
imposing on Bonifacio Tirol and Ciriaco Baldesco the death penalty for each of the seven murders
and indeterminate sentence for each of the two frustrated murders.
On the evening of 4 December 1965, when Kosain Manibpol and his family were sleeping
and were woken up by the barking f the dogs. Two persons had come to ask if they could borrow
his land. Manibpol, after giving his consent, was flashed with light on his face and punched. After
which, the assailants companions arrived, numbering more than ten, all of whom were armed
with bladed weapons and firearms. They came and hacked or boloed Manibpol, his wife and
seven children, resulting to the death of his wife and six of his children. He and one of his
daughters, Undang, were both wounded but survived as they had run to the houses of the
neighbors and were given medical attention. For the death of his wife and six children, and for
his and Undangs wounds, fourteen persons were charged with multiple murder and double
frustrated murder. Of the 14 charged, only Baldesco and B. Tirol were apprehended; the rest
remained at large.
The trial court found the accused, Tirol and Baldesco, guilty beyond reasonable doubt of
the crime of murder of seven persons and of the crime of frustrated murder of Manibpol and
Undang. The accused were sentenced to death for each of the seven murders and to an
imprisonment of 10-17 years and 4 months for each of the frustrated murders. They were to
indemnify the heirs of the deceased with the sum of P6,000 for each of the deceased, fifty-fifty.
During the pendency of this appeal, Baldesco died in the New Bilbiid Prison Hospital. The Court
resolved to dismiss the case insofar as the criminal liability of Baldesco is concerned.
Nevertheless, the appeal will be resolved insofar as Baldesco is concerned only for the purpose
of determining his criminal liability, which is the basis of the civil liability for which his estate may
be liable.
RULED: The court did not err in imposing the maximum penalty provided for in Article 248. For
Baldesco, his penal liability had been extinguished by his death; only his civil liability remains,
which can be recovered from his estate. For both appellants, the civil liability for each of the
seven victims was raised from P6,000 to 12,000 and for the victims of the frustrated murders,
increased to P8,000.