"W", which was originally the weapon intended to be used in stabbing Tormis. That statement of Gaspar Mesa is obviously too tame and too innocuous insofar as he himself is concerned to make likely and credible the claim that he made during the trial of the case when he testified that, to extort that statement from him, the Police, led by no less than their Chief, Higinio Pacaña, and their assistant Chief, Major Efren Arnejo, had to punch him repeatedly at the solar plexus, apply the so-called "hi-fi" treatment of spurting into his nostrils the carbonated soft drink "7-up" torturing him by squeezing his testicles, thereby causing him to gasp laboriously for breath, threaten to kill him by putting the muzzle of their guns in his mouth. If the Police did resort to such brutality to secure a written statement from Gaspar Mesa, it does not stand to reason that they would have been satisfied with the answers given by Gaspar Mesa which are evasive insofar as he is concerned, ... it is evident that he (Mesa) was exempting himself from any guilty knowledge Page 5 of 12
of the plan and conspiracy to kill Tormis. The yield is too disappointingly meager for the (alleged) excessive display of brutality and inhumanity on the part of the Police . . . . xxx xxx xxx Obviously, Gaspar Mesa's imputation of violence, maltreatment, threats, and intimidation against the police authorities is not characterized by spontaneity. He has allowed a period of almost one year to lapse before making a revelation thereof. He has had four previous opportunities of appearing before judges in the months of July and August in the year 1961, when the events were still fresh, and yet he made no such charge or complaint. He first appeared before Judge Joaquin T. Maambong on July 11, 1961 at 1:15 p.m. And on July 20, 1961 he appeared before Judge Jose Mendoza in connection with the Habeas Corpus proceedings, Sp. Proc. No. 2172-R (Exh "RRR"), not only in open Court but also in chambers. And on July 24, 1961 at 2:55 p.m. he appeared before Judge Maambong. The fourth time was before the presiding judge of this Court on the occasion of his arraignment on August 4, 1961. The same observations also hold true with respect to Avelino Monzolin. He had several opportunities, from the time he was arrested to the day of the trial, to complain about the alleged physical violence inflicted upon him, but he chose to wait for about a year before doing so. Said the Court: Avelino Monzolin has executed and sworn to more documents than has co-accused Gaspar Mesa. He not only executed the extrajudicial confessions, Exhs. "LLL" and "MM", on July 11 and 16, 1961, respectively, and the request he made to the PC Provincial Commander for protective custody, EXH. "NNN", on July 11, 1961, but he also executed the deposition, Exh. 'KK', on July 12, 1961 in connection with the application of the police authorities for the issuance of a warrant for the search in the residential house of Felipe D. Pareja and in his office as City Treasurer of Cebu at the City Hall for the revolver allegedly used in the shooting of the late Antonio Abad Tormis. Avelino Monzolin has therefore appeared four different times in the month of
You've reached the end of your free preview.
Want to read all 12 pages?
- Fall '16
- Trial court, Cebu City, CEBU, Colt's Manufacturing Company, Samuel Colt, Tomas Osmeña