PEOPLE vs.

TIROL

Plaintiff-appellee: People of the Philippines

Defendants-appellants: Bonifacio Tirol and Ciriaco Baldesco
Decided: January 31, 1981

Facts:
• December 4, 1965, 8 p.m., Kosain Manibpol was awakened in his residence in Kabalangasan, Matalam,
Cotabato by the barking of their dog
• Beatingco Jr. and Julian Casian were outside his house asking if they can borrow a part of his land. He
consented.
• Kulas Bati arrived flashed flashlight on his face and boxed him. When he fell down, more than 10 guys
with bladed weapons and firearms entered their house, hacking and boloing him and his family.
• His wife, Kadidia Kalangtongan and six children, Daduman, Malaguianon, Locayda, Pinangcong,
Baingkong, Abdul Rakman died.
• Kosain was able to run to their neighbor, Angcogan’s house, to seek refuge. He was brought to the
municipal hall where he reported incident and was given medical attention. He survived with
• Daughter Undang Kosain, ran to neighbor Antalig’s house.
Lower Court decision: - automatically elevated to the Supreme Court
• Guilty beyond reasonable doubt for 7 murders and 2 frustrated muders
• 7 death penalties
• 2 10-14 years and 4 mos. Imprisonment for the frustrated murders
• pay heirs P6,000.00 per deceased or P42,000.00 to be split by 2 appellants.
Issue:
1. Lower Court erred when they admitted death certificate issued by a doctor who did not personally
examine the victims, but based findings on police sketch.
2. Lower Court erred in not considering the alibis of the appellants.
3. Lower Court erred in not granting new trial despite Manibpol’s extra judicial admission.
4. Evidence failed to establish conspiracy among accused.
5. Decision is contrary to law.
Held: Supreme Court affirmed with revisions Lower Court’s decision. (P12,000.00/deceased payment to
the heirs, P8,000.00/wounded). Criminal liabilities of Baldesco extinguished by his death but not civil
liabilities.
Rationale:
1. Physical examination by doctor of victims for medical certificate is not necessary because this is merely
corroborative in nature. The death by foul means is undisputed.
2a. Alibis will be overruled by positive identification by witnesses who has no motive to charge accused
falsely. (People v. Tabion, People v. Angeles)
a. especially Tirol who was identified as the harelipped/bungi
b. inconsistencies were minor details which do not affect their credibility. This is normal because the
situation could have been confusing and it would have been unnatural if they were not confused.
2b. Alibi will only be acceptable if it is very impossible for accused to be at the scene of the crime. (People
v. Lieva, People v. Lingao, People v. Page)
a. Baldesco: day of crime, he went home at about 6 p.m., supper at 6 p.m., listened to radio with his
family up to 9 p.m. and slept. Affirmed by Demetrio Riparip, boarder in Baldesco’s house, saying he
had dinner with him at about 6 p.m. then he slept at 7 p.m. and woke up the following day. Affirmed
by daughter Teofista Baldesco, supper with family at 6 p.m. then listened to radio until 9 p.m. then
they slept.
b. Tirol: he was in Salat, Kabacan, Cotabato from Dec. 2-7, 1965 to seek employment in Felipe Tan’s
logging firm. He left at 10 a.m. in a motorboat and arrived at 5 p.m. He stayed with friend Rufino
Duan. He got to talk to Tan on Dec. 6 thus he came back on Dec. 7. His family already evacuated
out of fear for revenge. He found his family in Bo. Malamaing in the house of Cebuano Kulas. They
never returned for fear of revenge. Affirmed by wife Nicolasa Tirol. Affirmed by Rufino Duan.
c. House of Baldesco is only 1 km from scene of the crime.
d. House of Tirol is 1.5 km away from crime scene and his testimony was inconsistent. (difference in
travel time going to and from Salat)
3. Sec. 9, Rule 122 Rules of Court – When death penalty is imposed, record are automatically
submitted to the Supreme Court within 20 days but not less than 15 days from rendition of judgment.
Appeal for new trial should be made within 15 days and the 5-day extension is only for the purpose of
elevating records to the SC. Motion was submitted 28 days after rendition of judgment. But even if it
 were filed on time, ground of newly-discovered evidence won’t be acceptable. This extra judicial
admission being offered as new evidence was already present during the trial. Newly-discovered
evidence should be discovered after the trial, could not have been discovered and produced at the trial,
material is not cumulative, corroborative or impeaching and to merits as ought to produce different
results.
4. Direct proof is not essential to establish conspiracy. (People v. Peralta) Conspiracy implies concert of
design and not participation in every detail of the execution. (People v. Mada-I Santalani) Clear that
they acted in unison with single purpose of killing entire family.
5. Court’s decision is not contrary to law.
a. Prosecution clearly establish guilt of accused.
b. Baldesco’s escape from police custody and Tirol’s fear of revenge are proof of guilt.
c. Treachery: no provocation, surprise attack, nighttime, superior strength, means to weaken defense
& committed by a band.

Barredo, concurring and dissenting: both civil and criminal liabilities are extinguished by death