criminal law full cases

8/12/2019 Criminal Law Full Cases

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Republic of the Philippines

SUPREME COURT

ManilaEN BANC

G.R. No. L-5272 March 19, 1910

THE UNITED STATES, plaintiff-appellee, vs. AH CHONG,defendant-appellant.

Gibb & Gale, for appellant. Attorney-General Villamor, for appellee.CARSON,J.:The evidence as to many of the essential and vital facts in this case is

limited to the testimony of the accused himself, because fom the vey

natue of these facts and fom the cicumstances suoundin! the incidentupon "hich these poceedin!s est, no othe evidence as to these facts

"as available eithe to the posecution o to the defense. #e thin$,

ho"eve, that, !ivin! the accused the benefit of the doubt as to the "ei!htof the evidence touchin! those details of the incident as to "hich thee

can be said to be any doubt, the follo"in! statement of the mateial facts

disclose by the ecod may be ta$en to be substantially coect%The defendant, Ah Chon!, "as employed as a coo$ at &'ffices( )uates,

No. *+,& ot Mc inley, Rial Povince, and at the same place Pascual

/ualbeto, deceased, "as employed as a house boy o muchacho.&'ffices( )uates No. *+& as a detached house situates some 01 metes

fom the neaest buildin!, and in Au!ust, 2314+, "as occupied solely as

an offices( mess o club. No one slept in the house e5cept the t"o

sevants, "ho 6ointly occupied a small oom to"ad the ea of thebuildin!, the doo of "hich opened upon a nao" poch unnin! alon!

the side of the buildin!, by "hich communication "as had "ith the othe

pat of the house. This poch "as coveed by a heavy !o"th of vines foits entie len!th and hei!ht. The doo of the oom "as not funished "ith

a pemanent bolt o loc$, and occupants, as a measue of secuity, had

attached a small hoo$ o catch on the inside of the doo, and "ee in thehabit of einfocin! this some"hat insecue means of fastenin! the doo

by placin! a!ainst it a chai. 7n the oom thee "as but one small "indo",

"hich, li$e the doo, opened on the poch. Aside fom the doo and"indo", thee "ee no othe openin!s of any $ind in the oom.

'n the ni!ht of Au!ust 20, 2314, at about 21 o(cloc$, the defendant, "ho

had eceived fo the ni!ht, "as suddenly a"a$ened by some tyin! tofoce open the doo of the oom. 8e sat up in bed and called out t"ice,

ho is thee9& 8e head no ans"e and "as convinced by the noise at

the doo that it "as bein! pushed open by someone bent upon focin! his

"ay into the oom. :ue to the heavy !o"th of vines alon! the font of

the poch, the oom "as vey da$, and the defendant, feain! that theintude "as a obbe o a thief, leaped to his feet and called out. &7f you

ente the oom, 7 "ill $ill you.& At that moment he "as stuc$ 6ust above

the $nee by the ed!e of the chai "hich had been placed a!ainst the doo.7n the da$ness and confusion the defendant thou!ht that the blo" had

been inflicted by the peson "ho had foced the doo open, "hom hesupposed to be a bu!la, thou!h in the li!ht of afte events, it is pobablethat the chai "as meely tho"n bac$ into the oom by the sudden

openin! of the doo a!ainst "hich it ested. ;eiin! a common $itchen

$nife "hich he $ept unde his pillo", the defendant stuc$ out "ildly atthe intude "ho, it afte"ads tuned out, "as his oommate, Pascual.

Pascual an out upon the poch and fell do"n on the steps in a despeately

"ounded condition, follo"ed by the defendant, "ho immediatelyeco!nied him in the moonli!ht. ;eein! that Pascual "as "ounded, he

called to his employes "ho slept in the ne5t house, No. *4, and an bac$

to his oom to secue banda!es to bind up Pascual(s "ounds.Thee had been seveal obbeies in ot Mcinley not lon! pio to the

date of the incident 6ust descibed, one of "hich too$ place in a house in

"hich the defendant "as employed as coo$< and as defendant alle!es, it"as because of these epeated obbeies he $ept a $nife unde his pillo"

fo his pesonal potection.

The deceased and the accused, "ho oomed to!ethe and "ho appea to

have on fiendly and amicable tems pio to the fatal incident, had anundestandin! that "hen eithe etuned at ni!ht, he should $noc$ at the

doo and ac)uiant his companion "ith his identity. Pascual had left the

house ealy in the evenin! and !one fo a "al$ "ith his fiends, Celestino=uiambao and Maiano 7ba>e, sevants employed at offices( )uates

No. *4, the neaest house to the mess hall. The thee etuned fom thei

"al$ at about 21 o(cloc$, and Celestino and Maiano stopped at theioom at No. *4, Pascual !oin! on to his oom at No. *+. A fe" moments

afte the paty sepaated, Celestino and Maiano head cies fo assistance

and upon etunin! to No. *+ found Pascual sittin! on the bac$ stepsfatally "ounded in the stomach, "heeupon one of them an bac$ to No.

*4 and called ?iuetenants @acobs and 8ealy, "ho immediately "ent to the

aid of the "ounded man.The defendant then and thee admitted that he had stabbed his oommate,

but said that he did it unde the impession that Pascual "as &a ladon&


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because he foced open the doo of thei sleepin! oom, despite

defendant(s "anin!s.

No easonable e5planation of the ema$able conduct on the pat ofPascuals su!!ests itself, unless it be that the boy in a spiit of mischief

"as playin! a tic$ on his Chinese oommate, and sou!ht to fi!htened

him by focin! his "ay into the oom, efusin! to !ive his name o say"ho he "as, in ode to ma$e Ah Chon! believe that he "as bein!

attac$ed by a obbe.:efendant "as placed unde aest foth"ith, and Pascual "as conveyedto the militay hospital, "hee he died fom the effects of the "ound on

the follo"in! day.

The defendant "as cha!ed "ith the cime of assassination, tied, andfound !uilty by the tial cout of simple homicide, "ith e5tenuatin!

cicumstances, and sentenced to si5 yeas and one daypresidio mayor,

the minimum penalty pescibed by la".At the tial in the cout belo" the defendant admitted that he $illed his

oommate, Pascual /ualbeto, but insisted that he stuc$ the fatal blo"

"ithout any intent to do a "on!ful act, in the e5ecise of his la"ful i!htof self-defense.

Aticle 4 of the Penal Code povides that

The follo"in! ae not delin)uent and ae theefoe e5empt fom ciminalliability%

555 555 555

0 8e "ho acts in defense of his peson o i!hts, povided thee ae the

follo"in! attendant cicumstances%2 7lle!al a!!ession.

* Reasonable necessity of the means employed to pevent o epel it.

D ?ac$ of sufficient povocation on the pat of the peson defendin!himself.

nde these povisions "e thin$ that thee can be no doubt that defendant

"ould be entitle to complete e5ception fom ciminal liability fo thedeath of the victim of his fatal blo", if the intude "ho foced open the

doo of his oom had been in fact a dan!eous thief o &ladon,& as the

defendant believed him to be. No one, unde such cicumstances, "oulddoubt the i!ht of the defendant to esist and epel such an intusion, and

the thief havin! foced open the doo not"ithstandin! defendant(s thice-

epeated "anin! to desist, and his theat that he "ould $ill the intude ifhe pesisted in his attempt, it "ill not be )uestioned that in the da$ness

of the ni!ht, in a small oom, "ith no means of escape, "ith the thief

advancin! upon him despite his "anin!s defendant "ould have been

"holly 6ustified in usin! any available "eapon to defend himself fom

such an assault, and in sti$in! pomptly, "ithout "aitin! fo the thief todiscove his "heeabouts and delive the fist blo".

But the evidence clealy discloses that the intude "as not a thief o a

&ladon.& That neithe the defendant no his popety no any of thepopety unde his cha!e "as in eal dan!e at the time "hen he stuc$

the fatal blo". That thee "as no such &unla"ful a!!ession& on the patof a thief o &ladon& as defendant believed he "as epellin! and esistin!,and that thee "as no eal &necessity& fo the use of the $nife to defend

his peson o his popety o the popety unde his cha!e.

The )uestion then s)uaely pesents it self, "hethe in this 6uisdictionone can be held ciminally esponsible "ho, by eason of a mista$e as to

the facts, does an act fo "hich he "ould be e5empt fom ciminal

liability if the facts "ee as he supposed them to be, but "hich "ouldconstitute the cime of homicide o assassination if the acto had $no"n

the tue state of the facts at the time "hen he committed the act. To this

)uestion "e thin$ thee can be but one ans"e, and "e hold that undesuch cicumstances thee is no ciminal liability, povided al"ays that the

alle!ed i!noance o mista$e o fact "as not due to ne!li!ence o bad

faith.7n boade tems, i!noance o mista$e of fact, if such i!noance o

mista$e of fact is sufficient to ne!ative a paticula intent "hich unde the

la" is a necessay in!edient of the offense cha!ed e.!., in laceny,

animus furendi< in mude, malice< in cimes intent &cancels thepesumption of intent,& and "o$s an ac)uittal< e5cept in those cases

"hee the cicumstances demand a conviction unde the penal povisions

touchin! ciminal ne!li!ence< and in cases "hee, unde the povisions ofaticle 2 of the Penal Code one voluntaily committin! a cime o

misdeamo incus ciminal liability fo any "on!ful act committed by

him, even thou!h it be diffeent fom that "hich he intended to commit.#haton(s Ciminal ?a", sec. 4+ and cases cited< McClain(s Cim. ?a",

sec. 2DD and cases cited< Pettit vs.;., *4 Te5. Ap., *01< Common"ealth

vs.Po"e, + Met., F3G< Hates vs.People, D* N.H., F13< 7sham vs.;tate, D4Ala., *2D< Common"ealth vs.Ro!es, + Met., F11.

The !eneal poposition thus stated hadly admits of discussion, and the

only )uestion "othy of consideation is "hethe malice o ciminalintent is an essential element o in!edient of the cimes of homicide and

assassination as defined and penalied in the Penal Code. 7t has been said


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that since the definitions thee !iven of these as "ell as most othe cimes

and offense theein defined, do not specifically and e5pessly declae that

the acts constitutin! the cime o offense must be committed "ith maliceo "ith ciminal intent in ode that the acto may be held ciminally

liable, the commission of the acts set out in the vaious definitions

sub6ects the acto to the penalties descibed theein, unless it appeas thathe is e5empted fom liability unde one o othe of the e5pess povisions

of aticle 4 of the code, "hich teats of e5emption. But "hile it is tuethat contay to the !eneal ule of le!islative enactment in the nited;tates, the definitions of cimes and offenses as set out in the Penal Code

aely contain povisions e5pessly declain! that malice o ciminal

intent is an essential in!edient of the cime, nevetheless, the !enealpovisions of aticle 2 of the code clealy indicate that malice, o ciminal

intent in some fom, is an essential e)uisite of all cimes and offense

theein defined, in the absence of e5pess povisions modifyin! the!eneal ule, such as ae those touchin! liability esultin! fom acts

ne!li!ently o impudently committed, and acts done by one voluntaily

committin! a cime o misdemeano, "hee the act committed is diffeentfom that "hich he intended to commit. And it is to be obseved that even

these e5ceptions ae moe appaent than eal, fo &Thee is little

distinction, e5cept in de!ee, bet"een a "ill to do a "on!ful thin! andindiffeence "hethe it is done o not. Theefoe caelessness is ciminal,

and "ithin limits supplies the place of the affimative ciminal intent&

Bishop(s Ne" Ciminal ?a", vol. 2, s. D2D< and, a!ain, &Thee is so

little diffeence bet"een a disposition to do a !eat ham and a dispositionto do ham that one of them may vey "ell be loo$ed upon as the

measue of the othe. ;ince, theefoe, the !uilt of a cime consists in the

disposition to do ham, "hich the ciminal sho"s by committin! it, andsince this disposition is !eate o less in popotion to the ham "hich is

done by the cime, the conse)uence is that the !uilt of the cime follo"s

the same popotion< it is !eate o less accodin! as the cime in its o"nnatue does !eate o less ham& Ruth. 7nts. C. 24, p. 22< o, as it has

been othe"ise stated, the thin! done, havin! poceeded fom a coupt

mid, is to be vie"ed the same "hethe the couption "as of onepaticula fom o anothe.

Aticle 2 of the Penal Code is as follo"s%

Cimes o misdemeanos ae voluntay acts and ommissions punished byla".

Acts and omissions punished by la" ae al"ays pesumed to be

voluntaily unless the contay shall appea.

An peson voluntaily committin! a cime o misdemeano shall incu

ciminal liability, even thou!h the "on!ful act committed be diffeentfom that "hich he had intended to commit.

The celebated ;panish 6uist Pacheco, discussin! the meanin! of the

"od &voluntay& as used in this aticle, say that a voluntay act is a free,intelligent, and intentional act, and oundly assets that "ithout intention

intention to do "on! o ciminal intention thee can be no cime< andthat the "od &voluntay& implies and includes the "ods & con malicia,&"hich "ee e5pessly set out in the definition of the "od &cime& in the

code of 24**, but omitted fom the code of 24+1, because, as Pacheco

insists, thei use in the fome code "as edundant, bein! implied andincluded in the "od &voluntay.& Pacheco, Codi!o Penal, vol. 2, p. +0.

Iiada, "hile insistin! that the absence of intention to commit the cime

can only be said to e5empt fom ciminal esponsibility "hen the act"hich "as actually intended to be done "as in itself a la"ful one, and in

the absence of ne!li!ence o impudence, nevetheless admits and

eco!nies in his discussion of the povisions of this aticle of the codethat in !eneal "ithout intention thee can be no cime. Iiada, vol. 2, p.

2G. And, as "e have sho"n above, the e5ceptions insisted upon by Iiada

ae moe appaent than eal.;ilvela, in discussin! the doctine heein laid do"n, says%

7n fact, it is sufficient to emembe the fist aticle, "hich declaed that

"hee thee is no intention thee is no cime . . . in ode to affim,

"ithout fea of mista$e, that unde ou code thee can be no cime if theeis no act, an act "hich must fall "ithin the sphee of ethics if thee is no

moal in6uy. Iol. *, the Ciminal ?a", folio 2G3.

And to the same effect ae vaious decisions of the supeme cout of;pain, as, fo e5ample in its sentence of May D2, 244*, in "hich it made

use of the follo"in! lan!ua!e%

7t is necessay that this act, in ode to constitute a cime, involve all themalice "hich is supposed fom the opeation of the "ill and an intent to

cause the in6uy "hich may be the ob6ect of the cime.

And a!ain in its sentence of Mach 2G, 243*, "heein it held that&considein! that, "hateve may be the civil effects of the insciption of

his thee sons, made by the appellant in the civil e!isty and in the

paochial chuch, thee can be no cime because of the lac$ of thenecessay element o ciminal intention, "hich chaacteies evey action

o ommission punished by la"< no is he !uilty of ciminal ne!li!ence.&


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And to the same effect in its sentence of :ecembe D1, 243G, it made use

of the follo"in! lan!ua!e%

. . . Considein! that the moal element of the cime, that is, intent omalice o thei absence in the commission of an act defined and punished

by la" as ciminal, is not a necessay )uestion of fact submitted to the

e5clusive 6ud!ment and decision of the tial cout.That the autho of the Penal Code deemed ciminal intent o malice to be

an essential element of the vaious cimes and misdemeanos theeindefined becomes clea also fom an e5amination of the povisions ofaticle FG4, "hich ae as follo"s%

8e "ho shall e5ecute thou!h ec$less ne!li!ence an act that, if done

"ith malice, "ould constitute a !ave cime, shall be punished "ith thepenalty of arresto mayor in its ma5imum de!ee, toprision correccional

in its minimum de!ees if it shall constitute a less !ave cime.

8e "ho in violation of the e!ulations shall commit a cime thou!hsimple impudence o ne!li!ence shall incu the penalty of arresto mayor

in its medium and ma5imum de!ees.

7n the application of these penalties the couts shall poceed accodin! tothei discetion, "ithout bein! sub6ect to the ules pescibed in aticle 42.

The povisions of this aticle shall not be applicable if the penalty

pescibed fo the cime is e)ual to o less than those contained in the fistpaa!aph theeof, in "hich case the couts shall apply the ne5t one

theeto in the de!ee "hich they may conside pope.

The "od &malice& in this aticle is manifestly substantially e)uivalent to

the "ods &ciminal intent,& and the diect infeence fom its povisions isthat the commission of the acts contemplated theein, in the absence of

malice ciminal intent, ne!li!ence, and impudence, does not impose

any ciminal liability on the acto.The "od &voluntay& as used in aticle 2 of the Penal Code "ould seem

to appo5imate in meanin! the "od &"illful& as used in En!lish and

Ameican statute to desi!nate a fom of ciminal intent. 7t has been saidthat "hile the "od &"illful& sometimes means little moe than

intentionally o desi!nedly, yet it is moe fe)uently undestood to e5tent

a little futhe and appo5imate the idea of the milde $ind of le!almalice< that is, it si!nifies an evil intent "ithout 6ustifiable e5cuse. 7n one

case it "as said to mean, as employed in a statute in contemplation,

&"antonly& o &causelessly


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intention< o, on the dame !ound, "e hold him innocent.& The calm

6ud!ment of man$ind $eeps this doctine amon! its 6e"els. 7n times of

e5citement, "hen ven!eance ta$es the place of 6ustice, evey !uadaound the innocent is cast do"n. But "ith the etun of eason comes the

public voice that "hee the mind is pue, he "ho diffes in act fom his

nei!hbos does not offend. And 7n the spontaneous 6ud!ment "hich spin!s fom the natue !iven by /od

to man, no one deems anothe to deseve punishment fo "hat he didfom an upi!ht mind, destitute of evey fom of evil. And "heneve apeson is made to suffe a punishment "hich the community deems not

his due, so fa fom its placin! an evil ma$ upon him, it elevates him to

the seat of the maty. Even infancy itself spontaneously pleads the "antof bad intent in 6ustification of "hat has the appeaance of "on!, "ith

the utmost confidence that the plea, if its tuth is cedited, "ill be

accepted as !ood. No" these facts ae only the voice of natue uttein!one of he immutable tuths. 7t is, then, the doctine of the la", supeio to

all othe doctines, because fist in natue fom "hich the la" itself

poceeds, that no man is to be punished as a ciminal unless his intent is"on!. Bishop(s Ne" Ciminal ?a", vol. 2, secs. *4G to *31.

Compelled by necessity, &the !eat maste of all thin!s,& an appaent

depatue fom this doctine of abstact 6ustice esult fom the adoption ofthe abitay ule that!gnorantia "uris non excusat &7!noance of the la"

e5cuses no man&, "ithout "hich 6ustice could not be administeed in ou

tibunals< and compelled also by the same doctine of necessity, the

couts have eco!nied the po"e of the le!islatue to fobid, in a limitedclass of cases, the doin! of cetain acts, and to ma$e thei commission

ciminal "ithout e!ad to the intent of the doe. #ithout discussin! these

e5ceptional cases at len!th, it is sufficient hee to say that the couts haveal"ays held that unless the intention of the la"ma$e to ma$e the

commission of cetain acts ciminal "ithout e!ad to the intent of the

doe is clea and beyond )uestion the statute "ill not be so constuedcases cited in Cyc., vol. 2*, p. 2F4, notes +G and ++< and the ule that

i!noance of the la" e5cuses no man has been said not to be a eal

depatue fom the la"(s fundamental pinciple that cime e5ists only"hee the mind is at fault, because &the evil pupose need not be to bea$

the la", and if suffices if it is simply to do the thin! "hich the la" in fact

fobids.& Bishop(s Ne" Ciminal ?a", sec. D11, and cases cited.But, ho"eve this may be, thee is no technical ule, and no pessin!

necessity theefoe, e)uiin! mista$e in fact to be dealt "ith othe"ise

that in stict accod "ith the pinciples of abstact 6ustice. 'n the

contay, the ma5im hee is !gnorantia facti excusat &7!noance o

mista$e in point of fact is, in all cases of supposed offense, a sufficiente5cuse&. Bo"n(s ?e!. Ma5., *d ed., 231.

;ince evil intent is in !eneal an insepaable element in evey cime, any

such mista$e of fact as sho"s the act committed to have poceeded fomno sot of evil in the mind necessaily elieves the acto fom ciminal

liability povided al"ays thee is no fault o ne!li!ence on his pat< andas laid do"n by Baon Pa$e, &The !uilt of the accused must depend onthe cicumstances as they appea to him.& Re!. vs.Thubon, 2 :en. C.,

D4+< P. vs.Andeson, 00 Cal.., GF< P. vs.?amb, F0 Bab., D0*< Hatesvs. P.,

D* N. H., F13< Patteson vs.P., 0G Bab., G*F< Re!. vs.Cohen, 4 Co5 C.C., 02< P.vs.Miles, FF Cal., *1+, *13< Nalley vs.;., *4 Te5. Ap., D4+.

That is to say, the )uestion as to "hethe he honestly, in !ood faith, and

"ithout fault o ne!li!ence fell into the mista$e is to be detemined bythe cicumstances as they appeaed to him at the time "hen the mista$e

"as made, and the effect "hich the suoundin! cicumstances mi!ht

easonably be e5pected to have on his mind, in fomin! the intent,ciminal o othe "ise, upon "hich he acted.

7f, in lan!ua!e not uncommon in the cases, one has reasonable cause to

believe the e5istence of facts "hich "ill 6ustify a $illin! o, in temsmoe nicely in accod "ith the pinciples on "hich the ule is founded, if

"ithout fault o caelessness he does believe them he is le!ally

!uiltless of the homicide< thou!h he mistoo$ the facts, and so the life of

an innocent peson is unfotunately e5tin!uished. 7n othe "ods, and"ith efeence to the i!ht of self-defense and the not )uite hamonious

authoities, it is the doctine of eason and sufficiently sustained in

ad6udication, that not"ithstandin! some decisions appaently advese,"heneve a man undeta$es self-defense, he is 6ustified in actin! on the

facts as they appea to him. 7f, "ithout fault o caelessness, he is misled

concenin! them, and defends himself coectly accodin! to "hat he thussupposes the facts to be the la" "ill not punish him thou!h they ae in

tuth othe"ise, and he "as eally no occassion fo the e5teme measues.

Bishop(s Ne" Ciminal ?a", sec. D1F, and la!e aay of cases theecited.

The common illustation in the Ameican and En!lish te5tboo$s of the

application of this ule is the case "hee a man, mas$ed and dis!uised asa footpad, at ni!ht and on a lonely oad, &holds up& his fiends in a spiit

of mischief, and "ith leveled pistol demands his money o his life, but is


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$illed by his fiend unde the mista$en belief that the attac$ is a eal one,

that the pistol leveled at his head is loaded, and that his life and popety

ae in imminent dan!e at the hands of the a!!esso. No one "ill doubtthat if the facts "ee such as the slaye believed them to be he "ould be

innocent of the commission of any cime and "holly e5empt fom

ciminal liability, althou!h if he $ne" the eal state of the facts "hen hetoo$ the life of his fiend he "ould undoubtedly be !uilty of the cime of

homicide o assassination. nde such cicumstances, poof of hisinnocent mista$e of the facts ovecomes the pesumption of malice ociminal intent, and since malice o ciminal intent is a necessay

in!edient of the &act punished by la"& in cases of homicide o

assassination ovecomes at the same time the pesumption established inaticle 2 of the code, that the &act punished by la#& "as committed

&voluntaily.&

Pason, C.@., in the Massachusetts cout, once said%7f the paty $illin! had easonable !ounds fo believin! that the peson

slain had a felonious desi!n a!ainst him, and unde that supposition $illed

him, althou!h it should afte"ads appea that thee "as no such desi!n,it "ill not be mude, but it "ill be eithe manslau!hte o e5cusable

homicide, accodin! to the de!ee of caution used and the pobable

!ounds of such belief. Cha!e to the !and 6uy in ;elfid!e(s case,#hat, 8om., 02+, 024, ?loyd(s epot of the case, p.+.

7n this case, Pa$e, @., cha!in! the petit 6uy, enfoced the doctine as

follo"s%

A, in the peaceable pusuit of his affais, sees B ushin! apidly to"adhim, "ith an outstetched ams and a pistol in his hand, and usin! violent

menaces a!ainst his life as he advances. 8avin! appoached nea enou!h

in the same attitude, A, "ho has a club in his hand, sti$es B ove thehead befoe o at the instant the pistol is discha!ed< and of the "ound B

dies. 7t tuns out the pistol "as loaded "ithpo#der only, and that the eal

desi!n of B "as only to terrifyA. #ill any easonable man say that A ismoe ciminal that he "ould have been if thee had been a bullet in the

pistol9 Those "ho hold such doctine must e)uie that a man so attac$ed

must, befoe he sti$es the assailant, stop and ascetain ho" the pistol isloaded a doctine "hich "ould entiely ta$e a"ay the essential i!ht of

self-defense. And "hen it is consideed that the 6uy "ho ty the cause,

and not the paty $illin!, ae to 6ud!e of the easonable !ounds of hisappehension, no dan!e can be supposed to flo" fom this pinciple.

?loyd(s Rep., p. 2G1.

To the same effect ae vaious decisions of the supeme cout of ;pain,

cited by Iiada, a fe" of "hich ae hee set out in full because the facts

ae some"hat analo!ous to those in the case at ba.=E;T7'N 777. #hen it is sho"n that the accused "as sittin! at his

heath, at ni!ht, in company only of his "ife, "ithout othe li!ht than

eflected fom the fie, and that the man "ith his bac$ to the doo "asattendin! to the fie, thee suddenly enteed a peson "hom he did not see

o $no", "ho stuc$ him one o t"o blo"s, poducin! a contusion on theshoulde, because of "hich he tuned, seied the peson and too$ fom histhe stic$ "ith "hich he had undoubtedly been stuc$, and !ave the

un$no"n peson a blo", $noc$in! him to the floo, and afte"ads

sti$in! him anothe blo" on the head, leavin! the un$no"n lyin! on thefloo, and left the house. 7t tuned out the un$no"n peson "as his fathe-

in-la", to "hom he endeed assistance as soon as he leaned his identity,

and "ho died in about si5 days in conse)uence of ceebal con!estionesultin! fom the blo". The accused, "ho confessed the facts, had

al"ays sustained pleasant elations "ith his fathe-in-la", "hom he

visited duin! his sic$ness, demonstatin! !eat !ief ove the occuence.;hall he be consideed fee fom ciminal esponsibility, as havin! acted

in self-defense, "ith all the cicumstances elated in paa!aph 0, aticle

4, of the Penal Code9 The ciminal banch of the Audiencia of Ialladolidfound that he "as an ille!al a!!esso, "ithout sufficient povocation, and

that thee did not e5ists ational necessity fo the employment of the foce

used, and in accodance "ith aticles 023 and 4+ of the Penal Code

condemned him to t"enty months of impisonment, "ith accessoypenalty and costs. pon appeal by the accused, he "as ac)uitted by the

supeme cout, unde the follo"in! sentence% &Considein!, fom the

facts found by the sentence to have been poven, that the accused "assupised fom behind, at ni!ht, in his house beside his "ife "ho "as

nusin! he child, "as attac$ed, stuc$, and beaten, "ithout bein! able to

distin!uish "ith "hich they mi!ht have e5ecuted thei ciminal intent,because of the thee "as no othe than fie li!ht in the oom, and

considein! that in such a situation and "hen the acts e5ecuted

demonstated that they mi!ht endan!e his e5istence, and possibly that ofhis "ife and child, moe especially because his assailant "as un$no"n,

he should have defended himself, and in doin! so "ith the same stic$

"ith "hich he "as attac$ed, he did not e5ceed the limits of self-defense,no did he use means "hich "ee not ationally necessay, paticulaly

because the instument "ith "hich he $illed "as the one "hich he too$


7/37

fom his assailant, and "as capable of poducin! death, and in the

da$ness of the house and the consteation "hich natually esulted fom

such ston! a!!ession, it "as not !iven him to $no"n o distin!uish"hethe thee "as one o moe assailants, no the ams "hich they mi!ht

bea, not that "hich they mi!ht accomplish, and considein! that the

lo"e cout did not find fom the accepted facts that thee e5isted ationalnecessity fo the means employed, and that it did not apply paa!aph 0

of aticle 4 of the Penal Code, it eed, etc.& ;entence of supeme coutof ;pain, ebuay *4, 24+G. Iiada, Iol. 7, p. *GG. .=E;T7'N K7K. A peson etunin!, at ni!ht, to his house, "hich "as

situated in a etied pat of the city, upon aivin! at a point "hee thee

"as no li!ht, head the voice of a man, at a distance of some 4 paces,sayin!% &ace do"n, hand ove you moneyL& because of "hich, and

almost at the same money, he fied t"o shots fom his pistol,

distin!uishin! immediately the voice of one of his fiends "ho hadbefoe simulated a diffeent voice sayin!, &'hL they have $illed me,& and

hastenin! to his assistance, findin! the body lyin! upon the !ound, he

cied, &Mi!uel, Mi!uel, spea$, fo /od(s sa$e, o 7 am uined,& ealiin!that he had been the victim of a 6o$e, and not eceivin! a eply, and

obsevin! that his fiend "as a copse, he etied fom the place. ;hall he

be declaed e5empt in toto fom esponsibility as the autho of thishomicide, as havin! acted in 6ust self-defense unde the cicumstances

defined in paa!aph 0, aticle 4, Penal Code9 The ciminal banch of the

Audiencia of Mala!a did not so find, but only found in favo of the

accused t"o of the e)uisites of said aticle, but not that of theeasonableness of the means employed to epel the attac$, and, theefoe,

condemned the accused to ei!ht yeas and one day ofprison mayor, etc.

The supeme cout ac)uitted the accused on his appeal fom thissentence, holdin! that the accused "as actin! unde a 6ustifiable and

e5cusable mista$e of fact as to the identity of the peson callin! to him,

and that unde the cicumstances, the da$ness and emoteness, etc., themeans employed "ee ational and the shootin! 6ustifiable. ;entence

supeme cout, Mach 2+, 244F. Iiada, Iol. 7, p. 2DG.

=E;T7'N I7. The o"ne of a mill, situated in a emote spot, isa"a$ened, at ni!ht, by a la!e stone tho"n a!ainst his "indo" at this,

he puts his head out of the "indo" and in)uies "hat is "anted, and is

ans"eed &the delivey of all of his money, othe"ise his house "ould bebuned& because of "hich, and obsevin! in an alley ad6acent to the

mill fou individuals, one of "hom addessed him "ith blasphemy, he

fied his pistol at one the men, "ho, on the ne5t monin! "as found dead

on the same spot. ;hall this man be declaed e5empt fom ciminal

esponsibility as havin! acted in 6ust self-defense "ith all of the e)uisitesof la"9 The ciminal banch of the e)uisites of la"9 The ciminal banch

of the Audiencia of aa!oa finds that thee e5isted in favo of the

accused a ma6oity of the e)uisites to e5empt him fom ciminalesponsibility, but not that of easonable necessity fo the means,

employed, and condemned the accused to t"elve months of prisioncorrectional fo the homicide committed. pon appeal, the supeme coutac)uitted the condemned, findin! that the accused, in fiin! at the

malefactos, "ho attac$ his mill at ni!ht in a emote spot by theatenin!

obbey and incendiaism, "as actin! in 6ust self-defense of his peson,popety, and family. ;entence of May *D, 24++. 7 Iiada, p. 2*4.

A caeful e5amination of the facts as disclosed in the case at ba

convinces us that the defendant Chinaman stuc$ the fatal blo" alle!ed inthe infomation in the fim belief that the intude "ho foced open the

doo of his sleepin! oom "as a thief, fom "hose assault he "as in

imminent peil, both of his life and of his popety and of the popetycommitted to his cha!e< that in vie" of all the cicumstances, as they

must have pesented themselves to the defendant at the time, he acted in

!ood faith, "ithout malice, o ciminal intent, in the belief that he "asdoin! no moe than e5ecisin! his le!itimate i!ht of self-defense< that

had the facts been as he believed them to be he "ould have been "holly

e5empt fom ciminal liability on account of his act< and that he can not

be said to have been !uilty of ne!li!ence o ec$lessness o evencaelessness in fallin! into his mista$e as to the facts, o in the means

adopted by him to defend himself fom the imminent dan!e "hich he

believe theatened his peson and his popety and the popety unde hischa!e.

The 6ud!ment of conviction and the sentence imposed by the tial cout

should be evesed, and the defendant ac)uitted of the cime "ith "hichhe is cha!ed and his bail bond e5oneated, "ith the costs of both

instance de oficio. ;o odeed.

$ohnson oreland and %lliott, $$.,concu.Arellano, .$., and apa, $.,dissent.

S!ara" O!#$#o$%

TORRES,J., dissentin!%The "ite, "ith due espect to the opinion of the ma6oity of the cout,

believes that, accodin! to the meits of the case, the cime of homicide


8/37

by ec$less ne!li!ence, defined and punishes in aticle FG4 of the Penal

Code, "as committed, inasmuch as the victim "as "ilfully

voluntariomente $illed, and "hile the act "as done "ithout malice ociminal intent it "as, ho"eve, e5ecuted "ith eal ne!li!ence, fo the

acts committed by the deceased could not "aant the a!!ession by the

defendant unde the eoneous belief on the pat of the accused that thepeson "ho assaulted him "as a malefacto< the defendant theefoe

incued esponsibility in attac$in! "ith a $nife the peson "ho "as

accustomed to ente said oom, "ithout any 6ustifiable motive.By eason of the natue of the cime committed, in the opinion of the

undesi!ned the accused should be sentenced to the penalty of one yea

and one month ofprision correctional, to suffe the accessoy penaltiespovided in aticle G2, and to pay an indemnify of P2,111 to the heis of

the deceased, "ith the costs of both instances, theeby evesin! the

6ud!ment appealed fom.

pon aai!nment the accused enteed a plea of not !uilty to the cha!es

contained in the infomation.Then the case "as tied in one of the banches of the Cout of ist

7nstance of Manila pesided ove by the honoable Buenaventua 'campo

"ho, afte the submission of the evidence of the posecution and thedefense, endeed 6ud!ment as above stated.

7n this connection it should be stated that, at the be!innin! of the tial and

befoe aai!nment, counsel de oficiofo the accused moved that the

mental condition of /uillen be e5amined. The cout, not"ithstandin! thatit had found out fom the ans"es of the accused to )uestions popounded

to him in ode to test the soundness of his mind, that he "as not

suffein! fom any mental dean!ement, odeed that @ulio /uillen beconfined fo 8ospital, thee to be e5amined by medical e5pets "ho

should epot thei findin!s accodin!ly. This "as done, and, accodin! to

the epot of the boad of medical e5pets, pesided ove by :.enande of the National Psychopathic 8ospital, @ulio /uillen "as not

insane. ;aid epot E5hibit ?, unde the headin! &omulation and

:ia!nosis,& at pa!es 2D and 20, eads%'RM?AT7'N AN: :7A/N';7;

@ulio C. /uillen "as placed unde constant obsevation since admission.

Thee "as not a sin!le moment duin! his "hole *0 hous daily, that he"as not unde obsevation.

The motive behind the commission of the cime is stated above. The

veacity of this motivation "as detemined in the Nacosynthesis. That

the naco-synthesis "as successful "as chec$ed up the day afte the test.

The naco-synthesis poved not only eveal any conflict o comple5 thatmay e5plain a delusional o hallucinatoy motive behind the act.

'u obsevation and e5amination failed to elicit any si!n o symptom of

insanity in M. @ulio C. /uillen. 8e "as found to be intelli!ent, al"aysable to diffeentiate i!ht fom "on!, fully a"ae of the natue of the

cime he committed and is e)ually decided to suffe fo it in any manne

o fom.8is vesion of the cicumstances of the cime, his conduct and

convesation elative theeto, the motives, temptations and povocations

that peceded the act, "ee all those of an individual "ith a sound mind.'n the othe hand he is an man of ston! "ill and conviction and once

aivin! at a decision he e5ecutes, iespective of conse)uences and as in

this case, the commission of the act at Plaa Mianda.#hat is of some inteest in the pesonality of @ulio C. /uillen is his

commission of some ovet acts. This is seen not only in the pesent

instance, but sometime "hen an employee in la Clementina Ci!a actoyhe en!a!ed in a bo5in! bout M. Manano, a ;pan-"anted to abuse the

"omen ci!a ma$es, and felt it his duty to defend them. 'ne time he an

afte a policeman "ith a $nife in hand afte bein! povo$ed to a fi!htseveal times. 8e even challen!ed Con!essman Nueno to a fi!ht

sometime befoe "hen M. Nueno "as unnin! fo a seat in the

Municipal Boad of the City of Manila, afte heain! him delive one of

his appaently outspo$en speeches.All these mean a defect in his pesonality chaacteied by a "ea$ness of

censoship especially in elation to ationaliation about the conse)uences

of his acts.7n vie" of the above findin!s it is ou consideed opinion that @ulio C.

/uillen is not insane but is an individual "ith a pesonality defect "hich

in Psychiaty is temed, Constitutional Psychopathic 7nfeioity.'inal (iagnosis

Not insane% Constitutional Psychopathic 7nfeioity, "ithout psychosis.

7n vie" of the above-)uoted findin!s of the medical boad, andnot"ithstandin! the contay opinion of one :. Alvae, "ho "as as$ed

by the defense to !ive his opinion on the matte, the cout uled that

/uillen, not bein! insane, could be tied, as he "as tied, fo the offenseshe committed on the date in )uestion.

T8E ACT;


9/37

pon caeful peusal of the evidence and the biefs submitted by counsel

fo the accused, the ;olicito /eneal and thei espective memoanda, "e

find that thee is no disa!eement bet"een the posecution and thedefense, as to the essential facts "hich caused the filin! of the pesent

ciminal case a!ainst this accused. Those facts may be stated as follo"s%

'n the dates mentioned in this decision, @ulio /uillen y Copus, althou!hnot affimed "ith any paticula political !oup, has voted fo the

defeated candidate in the pesidential elections held in 230G. Manuel A.

Ro5as, the successful candidate, assumed the office of Pesident of theCommon"ealth and subse)uently Pesident of the Pesident of the

Philippine Republic. Accodin! to /uillen, he became disappointed in

Pesident Ro5as fo his alle!ed failue to edeem the pled!es and fulfillthe pomises made by him duin! the pesidential election campai!n< and

his disappointment "as a!!avated "hen, accodin! to him, Pesident

Ro5as, instead of loo$in! afte the inteest of his county, sponsoed andcampai!ned fo the appoval of the so-called &paity& measue. 8ence he

detemined to assassinate the Pesident.

Afte he had pondeed fo some time ove the "ays and means ofassassinatin! Pesident Ro5as, the oppotunity pesented itself on the

ni!ht of Mach 21, 230+, "hen at a popula meetin! held by the ?ibeal

Paty at Plaa de Mianda, =uiapo, Manila attended by a bi! co"d,Pesident Ro5as, accompanied by his "ife and dau!hte and suounded

by a numbe of ladies and !entlemen pominent in !ovenment and

politics, stood on a platfom eected fo that pupose and deliveed his

speech e5poundin! and tyin! to convince his thousand of listenes of theadvanta!es to be !ained by the Philippines, should the constitutional

amendment !antin! Ameican citiens the same i!hts !anted to

ilipino nationals be adopted./uillen had fist intended to use a evolve fo the accomplishment of his

pupose, but havin! lost said fieam, "hich "as duly licensed, he

thou!ht of t"o hand !enades "hich "ee !iven him by an Ameicansoldie in the ealy days of the libeation of Manila in e5chan!e fo t"o

bottles of "his$y. 8e had li$e"ise been "ei!hin! the chances of $illin!

Pesident Ro5as, eithe by !oin! to Malaca>an, o follo"in! his intendedvictim in the latte(s tips to povinces, fo instance, to Tayabas no"

=ueon "hee the Pesident "as scheduled to spea$, but havin!

encounteed many difficulties, he decided to cay out his plan at the po-paity meetin! held at Plaa de Mianda on the ni!ht of Mach 21, 230+.

'n the monin! of that he "ent to the house of Amando 8enande

"hom he e)uested to pepae fo him a document E5hibit B, in

accodance "ith thei pevious undestandin! in the pecedin! aftenoon,

"hen they met at the pemises of the Manila @oc$ey Club on the occasionof an &anti-paity& meetin! held thee. 'n account of its mateially in this

case, "e deem it pope to )uote heeunde the contents of said

document. An En!lish tanslation E5hibit B-* fom its oi!inal Ta!alo!eads%

'R T8E ;AE ' A REE P87?7PP7NE;

7 am the only one esponsible fo "hat happened. 7 conceived it, 7planned it, and 7 caied it out all by myself alone. 7t too$ me many days

and ni!hts pondein! ove this act, tal$in! to my o"n conscience, to my

/od, until 7 eached my conclusion. 7t "as my duty.7 did not e5pected to live lon!< 7 only had on life to spae. And had 7

e5pected to lives to spae, 7 "ould not have hesitated eithe ton sacifice

it fo the sa$e of a pinciple "hich "as the "elfae of the people.Thousands have died in Bataan< many moe have mouned the loss of

thei husbands, of thei sons, and thee ae millions no" suffein!. Thei

deeds boe no fuits< thei hopes "ee fustated.7 "as told by my conscience and by my /od that thee "as a man to be

blamed fo all this% he had deceived the people, he had astounded them

"ith no othe pupose than to entice them< he even "ent to the e5tent ofis$in! the heita!e of ou futue !eneations. o these easons he should

not continue any lon!e. 8is life "ould mean nothin! as compaed "ith

the "elfae of ei!hteen million souls. And "hy should 7 not !ive up my

life too if only the !ood of those ei!hteen million souls.These ae the easons "hich impelled me to do "hat 7 did and 7 am

"illin! to bea up the conse)uences of my act. 7 t mattes not if othes

"ill cuse me. Time and histoy "ill sho", 7 am sue, that 7 have onlydisplayed a hi!h de!ee of patiotism in my pefomance of my said act.

8uah fo a fee Philippines.

Chees fo the happiness of evey ilipino home.May /od pity on me.

Amen.

@?7' C. /7??EN

A copy E5hibit B-2 of the oi!inal in Ta!alo! E5hibit B, made at thee)uest of /uillen by his nephe", "as handed to him only at about G


10/37

o(cloc$ in the aftenoon of Mach 21, 230+, fo "hich eason said E5hibit

B-2 appeas unsi!ned, because he "as in a huy fo that meetin! at Plaa

de Mianda.#hen he eached Plaa de Mianda, /uillen "as cayin! t"o hand

!enades concealed in a pape ba! "hich also contained peanuts. 8e

buied one of the hand !enades E5hibit :, in a plant pot located closeto the platfom, and "hen he decided to cay out his evil pupose he

stood on the chai on "hich he had been sittin! and, fom a distance of

about seven metes, he huled the !enade at the Pesident "hen the lattehad 6ust closed his speech, "as bein! con!atulated by Ambassado

Romulo and "as about to leave the platfom.

/eneal Casta>eda, "ho "as on the platfom, sa" the smo$in!, hissin!,!enade and "ithout losin! his pesence of mind, $ic$ed it a"ay fom the

platfom, alon! the stai"ay, and to"ads an open space "hee the

!eneal thou!ht the !enade "as li$ely to do the least ham< and, covein!the Pesident "ith his body, shouted to the co"d that eveybody should

lie do"n. The !enade fell to the !ound and e5ploded in the middle of a

!oup of pesons "ho "ee standin! close to the platfom. Confusionensued, and the co"d dispesed in a panic. 7t "as found that the

fa!ments of the !enade had seiously in6ued ;imeon Iaela o

Baela "ho died on the follo"in! day as the esult of motal "oundscaused by the fa!ments of the !enade E5hibits and -2 Alfedo

Eva, @ose abio, Pedo Caillo and Emilio Ma!lalan!.

/uillen "as aested by membes of the Police :epatment about t"o

hous afte the occuence. 7t appeas that one An!el /acia, "ho "as onespectatos at that meetin!, sa" ho" a peson "ho "as standin! ne5t to

him huled an ob6ect at the platfom and, afte the e5plosion, an a"ay

to"ads a babe shop located nea the platfom at Plaa de Mianda.;uspectin! that peson "as the tho"e of the ob6ect that e5ploded,

/acia "ent afte him and had almost succeeded in holdin! him, but

/uillen offeed stiff esistance, !ot loose fom /acia and mana!ed toescape. /acia pusued him, but some detectives, mista$in! the fome

fo the eal ciminal and the autho of the e5plosion, placed him unde

aest. 7n the meantime, "hile the City Mayo and some a!ents of theManila Police :epatment "ee investi!atin! the affai, one Manuel

Robles volunteeed the infomation that the peson "ith "hom An!el

/acia "as "estlin! "as @ulio /uillen< that he Manuel Robles "asac)uainted "ith @ulio /uillen fo the pevious ten yeas and had seen

each othe in the plaa a fe" moments pevious to the e5plosion.

The police opeatives inteo!ated /acia and Robles, and @ulio /uillen

"as, "ithin t"o hous afte the occuence, found in his home at 2+*0

@uan ?una ;teet, Manila, bou!ht to the police head)uates andidentified by An!el /acia, as the same peson "ho huled to"ads the

platfom the ob6ect "hich e5ploded and "hom /acia tied to hold "hen

he "as unnin! a"ay.:uin! the investi!ation conducted by the police he eadily admitted his

esponsibility, althou!h at the same time he tied to 6ustify his action in

tho"in! the bomb at Pesident Ro5as. 8e also indicated to his captosthe place "hee he had hidden his so called last "ill )uoted above and

ma$ed E5hibit B, "hich "as then unsi!ned by him and subse)uently

si!ned at the police head)uates.Re-enactin! the cime E5hibit C, he pointed out to the police "hee he

had buied E5hibit C-2 the othe hand !enade E5hibit :, and, in the

pesence of "itnesses he si!ned a statement "hich contained his ans"esto )uestion popounded to him by Ma6o A. =uintos of the Manila Police,

"ho investi!ated him soon afte his aest E5hibit E. om a peusal of

his voluntay statement, "e ae satisfied that it tallies e5actly "ith thedeclaations and made by him on the "itness stand duin! the tial of this

case.

T8E 7;;E;7n the bief submitted by counsel de oficiofo this appellant, seveal

eos ae assi!ned alle!edly committed by the tial cout, namely% first,

&in findin! the appellant !uilty of mude fo the death of ;imeon

Iaela&


11/37

/uillen, testifyin! in his o"n behalf, in ans"e to )uestions popounded

by the tial 6ud!e pa!e 3G of tanscipt suppots ou conclusion. 8e

stated that he pefomed the act voluntaily< that his pupose "as to $illthe Pesident, but that it did not ma$e any diffeence to him if thee "ee

some people aound the Pesident "hen he huled that bomb, because the

$illin! of those "ho suounded the Pesident "as tantamount to $illin!the Pesident, in vie" of the fact that those pesons, bein! loyal to the

Pesident bein! loyal to the Pesident, "ee identified "ith the latte. 7n

othe "od, althou!h it "as not his main intention to $ill the pesonssuoundin! the Pesident, he felt no con6unction in $illin! them also in

ode to attain his main pupose of $illin! the Pesident.

The facts do not suppot the contention of counsel fo appellant that thelatte is !uilty only of homicide thou!h ec$less impudence in e!ad to

the death of ;imeon Iaela and of less seious physical in6uies in e!ad

to Alfedo Eva, @ose abio, Pedo Caillo and Emilio Ma!lalan!, andthat he should be sentenced to the coespondin! penalties fo the

diffeent felonies committed, the sum total of "hich shall not e5ceed

thee times the penalty to be imposed fo the most seious cime inaccodance "ith aticle +1 in elation to aticle +0 of the Revised Penal

Code.

7n tho"in! hand !enade at the Pesident "ith the intention of $illin!him, the appellant acted "ith malice. 8e is theefoe liable fo all the

conse)uences of his "on!ful act< fo in accodance "ith aticle 0 of the

Revised Penal Code, ciminal liability is incued by any peson

committin! felony delito althou!h the "on!ful act done be diffeentfom that "hich he intended. 7n ciminal ne!li!ence, the in6uy caused to

anothe should be unintentional, it bein! simply the incident of anothe

act pefomed "ithout malice. People vs. ;aa, FF Phil., 3D3. 7n the

"ods of Iiada, &in ode that an act may be )ualified as impudence it isnecessay that eithe malice no intention to cause in6uy should

intevene< "hee such intention e5ists, the act should )ualified by thefelony it has poduced even thou!h it may not have been the intention of

the acto to cause an evil of such !avity as that poduced.( Iiada(s

Comments on the Penal Code, vol. +, Fth ed., p.+. And, as held by thisCout, a delibeate intent to do an unla"ful act is essentially inconsistent

"ith the idea of ec$less impudence. People vs. Nan)uil, 0D Phil., *D*.

#hee such unla"ful act is "ilfully done, a mista$e in the identity of theintended victim cannot be consideed as ec$less impudence. People vs.

/ona, F0 Phil., G1F

;)uaely on the point by counsel is the follo"in! decision of the ;upeme

Cout of ;pain%

uestionG*. ;e pesenta A, a las ocho de la noche, en el estanco de B acompa tabaco, y habiendose ne!ado este a daselo al fiado, se etia a

)uel sin media ente ambos disputa al!una< peo< tnscuido un cuato

de hoa, hallandose el estan)ueo despachando a C, se oye la detonacionde un ama de fue!o dispaada po A desde la calle, )uedando muetos en

el acto C y el estan)ueo< supuesta la no intencion en A de mata a C y si

solo al estan)ueo, cabe califica la muete de este de homicidio y la de cde impudencia temeaia9 ?a ;ala de lo Ciminal de la Auudiencia de

/anada lo estimo asi, y condeno al pocesado a catose anos de eclusion

po el homivcidio y a un a>o de pision coectional po la impudencia.Apate de )ue la muete del estan)ueo debio calificase de assesinato y

no de homicidio, po habese e6ecutado con aleviosa. es evidente )ue la

muete de C, suponiendo )ue no se popusiea e6ecutaia el pocesado, nopudo calificase de impudencia teme aia, sino )ue tambien debio

declaasele esponsable de la misma, a teno de lo puesto en este

apatado ultimo del aticulo< y )ue siendo ambas muetes poducidas poun solo hecho, o sea po un solo dispao, debio imponese al eo la pena

del delito de asesinato en el !ado ma5imo, a teno de lo dispuesto en el

at. 31 del Codi!o, o sea la pena de muete. ;e ve, pues, claamente )ueen el antedicha sentencia, apate de otos aticulos del Codi!o, se

infin!io po la ;ala la disposicion de este apatado ultimo del aticulo

muy pincipalmente, y asi lo declao el Tibunal ;upemo en ;. de 24

6unio de 24+*. /aceta de 2,1 de a!osto. 7 Iiada, Fth Ed., p. 0*.Aticle 04 of the Revised Penal Code povides as follo"s%

At. 04.)enalty for omplex rimes. #hen a sin!le act constitutes

t"o o moe !ave o less !ave felonies, o "hen an offense is a

necessay means fo committin! the othe, the penalty fo the mostseious cime shall be imposed, the same to be applied in its ma5imum

peiod.#e thin$ it is the above-)uoted aticle and not paa!aph 2 of aticle 03

that is applicable. The case befoe us is clealy !ovened by the fist

clause of aticle 04 because by a sin!le act, that a tho"in! hi!hlye5plosive hand !enade at Pesident Ro5as, the accused committed t"o

!ave felonies, namely% 2 mude, of "hich ;imeon Iaela "as the

victim< and * multiple attempted mude, of "hich Pesident Ro5as,Alfedo Eva, @ose abio, Pedo Caillo and Emilio Ma!lalan! "ee the

in6ued paties.


12/37

The $illin! of ;imeon Iaela "as attended by the )ualifyin!

cicumstance of teachey. 7n the case of)eople vs. abug-at, supra, this

cout held that the )ualifyin! cicumstance of teachey may be popelyconsideed, even "hen the victim of the attac$ "as not the one "hom the

defendant intended to $ill, if it appeas fom the evidence that neithe of

the t"o pesons could in any manne put up defense a!ainst the attac$, obecome a"ae of it. 7n the same case it "as held that the )ualifyin!

cicumstance of pemeditation may not be popely ta$en into the account

"hen the peson "hom the defendant poposed to $ill "as diffeent fomthe one "ho became his victim.

Thee can be no )uestion that the accused attempted to $ill Pesident

Ro5as by tho"in! a hand !enade at him "ith the intention to $ill him,theeby commencin! the commission of a felony by ove acts, but he did

not succeed in assassinatin! him &by eason of some cause o accident

othe than his o"n spontaneous desistance.& o the same eason "e)ualify the in6uies caused on the fou othe pesons aleady named as

meely attempted and not fustated mude.

7n this connection, it should be stated that , althou!h thee is abundantpoof that , in violation of the povisions of aticle 204 of the Revised

Penal Code, the accused /uillen has committed amon! othes the offense

of assault upon a peson in authoity, fo in fact his effots "ee diectedto"ads the e5ecution of his main pupose of eliminatin! Pesident Ro5as

fo his failue to edeem his electoal campai!n pomises, by tho"in! at

him in his official capacity as the Chief E5ecutive of the nation the hand

!enade in )uestion, yet, in vie" of the appopiate alle!ation cha!in!/uillen "ith the commission of said offense, "e shall efain ma$in! a

findin! to that effect.

The comple5 cimes of mude and multiple attempted mude committed

by the accused "ith the sin!le act of tho"in! a hand !enade at thePesident, "as attended by the vaious a!!avatin! cicumstances alle!ed

in the infomation, "ithout any miti!atin! cicumstance. But "e do notdeem it necessay to conside said a!!avatin! cicumstances because in

any event aticle 04 of the Revised Penal Code above-)uoted e)uies

that the penalty fo the most seious of said cimes be applied in itsma5imum peiod. The penalty fo mude is reclusion temporalin its

ma5imum peiod to death. At. *04.

7t is ou painful duty to apply the la" and mete out to the accused thee5teme penalty povided by it upon the facts and cicumstances

heeinabove naated.

The sentence of the tial cout bein! coect, "e have no altenative but to

affim it, and "e heeby do so by a unanimous vote. The death sentence

shall be e5ecuted in accodance "ith aticle 42 of the Revised PenalCode, unde authoity of the :iecto of Pisons, on such "o$in! day as

the tial cout may fi5 "ithin D1 days fom the date the ecod shall have

been emanded. 7t is so odeed.


13/37

Republic of the Philippines

SUPREME COURT

Manila7R;T :7I7;7'N G.R. No. L-7&'2& No()*r 17, 19++

THE PEOPLE O THE PHILIPPINES, plaintiff-appellee, vs.

ERNANDO PUGA /ALCITA, /ENAMIN SAMSON

MAGDALENA, accused-appellants.

*he +olicitor General for plaintiff-appellee. Citiens ?e!al Assistance

'ffice fo accused-appellants.ME:7A?:EA,$.

o the death of Bayani Mianda, a etadate, ERNAN:' P/AH y

BA?C7TA and BEN@AM7N ;AM;'N y MA/:A?ENA "ee cha!ed

"ith the cime of MR:ER in Ciminal Case No. ?-2+F-4* of the Coutof ist 7nstance no" Re!ional Tial Cout of Cavite, unde an

infomation "hich eads as follo"s%That on o about May 23, 234* at the to"n plaa of the Municipality of

Rosaio, Povince of Cavite, Philippines, and "ithin the 6uisdiction of

this 8onoable Cout, the above-named accused, conspiin!,

confedeatin! and mutually helpin! and assistin! one anothe, "ithteachey and evident pemeditation, ta$in! advanta!e of thei supeio

sten!th, and "ith the decided pupose to $ill, poued !asoline, a

combustible li)uid to the body of Bayani Mianda and "ith the use of fie

did then and thee, "ilfully, unla"fully and feloniously, bun the "holebody of said Bayani Mianda "hich caused his subse)uent death, to the

dama!e and pe6udice of the heis of the afoenamed Bayani Mianda.That the cime "as committed "ith the )ualifyin! cicumstance of

teachey and the a!!avatin! cicumstances of evident pemeditation and

supeio sten!th, and the means employed "as to "ea$en the defenseano, to!ethe "ith t"o othe companions, had a din$in!

spee at a video$e ba in Cossin! Capsay, Pani)ue, Aooy, Masbate.

om the video$e ba, the victim Cante and "itness ;a>ano poceeded to!o home to thei espective houses, but alon! the "ay, they cossed paths

"ith petitione Calimutan and a cetain Michael Bulalacao. Iictim Cante

"as haboin! a !ud!e a!ainst Bulalacao, suspectin! the latte as theculpit esponsible fo tho"in! stones at the CanteOs house on a

pevious ni!ht. Thus, upon seein! Bulalacao, victim Cante suddenly

punched him. #hile Bulalacao an a"ay, petitione Calimutan dashed

to"ads the bac$s of victim Cante and "itness ;a>ano. PetitioneCalimutan then pic$ed up a stone, as bi! as a manOs fist, "hich he the"

at victim Cante, hittin! him at the left side of his bac$. #hen hit by thestone, victim Cante stopped fo a moment and held his bac$. #itness

;a>ano put himself bet"een the victim Cante and petitione Calimutan,

and attempted to pacify the t"o, even convincin! petitione Calimutan to

put do"n anothe stone he "as aleady holdin!. 8e also u!ed victimCante and petitione Calimutan to 6ust !o home. #itness ;a>ano

accompanied victim Cante to the latteOs house, and on the "ay, victim

Cante complained of the pain in the left side of his bac$ hit by the stone.

They aived at the CanteOs house at aound 2*%11 noon, and "itness;a>ano left victim Cante to the cae of the latteOs mothe, Belen.4

Iictim Cante immediately told his mothe, Belen, of the stonin! incidentinvolvin! petitione Calimutan. 8e a!ain complained of bac$ache and

also of stomachache, and "as unable to eat. By ni!httime, victim Cante

"as altenately feelin! cold and then "am. 8e "as s"eatin! pofuselyand his entie body felt numb. 8is family "ould have "anted to bin!

him to a docto but they had no vehicle. At aound D%11 a.m. of the

follo"in! day, 1F ebuay 233G, Belen "as "ipin! his son "ith a pieceof cloth, "hen victim Cante as$ed fo some food. 8e "as able to eat a

little, but he also late vomited "hateve he ate. o the last time, he
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complained of bac$ache and stomachache, and shotly theeafte, he

died.3

Ri!ht afte his death, victim Cante "as e5amined by :. Conchita ;.landay, the Municipal 8ealth 'ffice of Aooy, Masbate. The Post-

Motem E5amination Repot21 and Cetification of :eath,22 issued and

si!ned by :. landay, stated that the cause of death of victim Cante "ascadio-espiatoy aest due to suspected food poisonin!. The body of

victim Cante "as subse)uently embalmed and buied on 2D ebuay

233G.nsatisfied "ith the findin!s of :. landay, the Cante family, "ith the

help of the ?in!$od Bayan-Ciculo de Abo!adas of the AB;-CBN

oundation, e)uested fo an e5humation and autopsy of the body of thevictim Cante by the NB7. The e5humation and autopsy of the body of the

victim Cante "as conducted by :. Ronaldo B. Mende on 2F Apil

233G,2*afte "hich, he epoted the follo"in! findin!s Body< faily "ell-peseved "ith si!n of patial autopsy< clad in "hite

Baon! Ta!alo! and blue pants placed inside a "ooden !olden-bo"n

coffin and buied in a concete niche.

Contused-abasion, *.D 5 2.1 cms., posteio chest "all, left side.8ematoma, 2G.1 5 4.1 cms., abdomen, alon! mid-line.

8emopeitoneum, massive, clotte sicQ.?aceation, spleen.

'the visceal o!an, pale and embalmed.

;tomach contains small amount of "hitish fluid and othe patially

di!ested food paticles.5 5 5 5

CA;E ' :EAT8% TRAMAT7C 7N@RH ' T8E AB:'MEN.

7n his testimony befoe the RTC, :. Mende affimed the contents of his

e5humation and autopsy epot. 8e e5plained that the victim Cantesuffeed fom an intenal hemoha!e and thee "as massive

accumulation of blood in his abdominal cavity due to his laceatedspleen. The laceation of the spleen can be caused by any blunt

instument, such as a stone. 8ence, :. Mende confimed the possibility

that the victim Cante "as stoned to death by petitione Calimutan.2D

To counte the evidence of the posecution, the defense pesented the sole

testimony of the accused, heein petitione, Calimutan.

Accodin! to petitione Calimutan, at about 2%11 p.m. on 10 ebuay233G, he "as "al$in! "ith his house helpe, Michael Bulalacao, on thei

"ay to Cossin! Capsay, Pani)ue, Aooy, Masbate, "hen they met "ith

the victim Cante and "itness ;a>ano. The victim Cante too$ hold of

Bulalacao and punched him seveal times. Petitione Calimutan attempted

to pacify the victim Cante but the latte efused to calm do"n, pullin!out fom his "aist an ei!ht-inch Batan!as $nife and uttein! that he "as

loo$in! fo touble, eithe &to $ill o be $illed.& At this point, petitione

Calimutan "as about ten metes a"ay fom the victim Cante and "as toofi!htened to move any close fo fea that the ena!ed man "ould tun

on him< he still had a family to ta$e cae of. #hen he sa" that the victim

Cante "as about to stab Bulalacao, petitione Calimutan pic$ed up astone, "hich he descibed as appo5imately one-inch in diamete, and

the" it at the victim Cante. 8e "as able to hit the victim Cante on his

i!ht buttoc$. Petitione Calimutan and Bulalacao then stated to una"ay, and victim Cante chased afte them, but "itness ;a>ano "as able

to pacify the victim Cante. Petitione Calimutan alle!edly epoted the

incident to a >aga#adof Baan!ay Pani)ue and to the police authoitiesand sou!ht thei help in settlin! the dispute bet"een Bulalacao and the

victim Cante. Bulalacao, mean"hile, efused to see$ medical help

despite the advice of petitione Calimutan and, instead, chose to !o bac$

to his hometo"n.20

Petitione Calimutan "as totally una"ae of "hat had happened to the

victim Cante afte the stonin! incident on 10 ebuay 233G. ;ome of hisfiends told him that they still sa" the victim Cante din$in! at a video$e

ba on the ni!ht of 10 ebuay 233G. As fa as he $ne", the victim

Cante died the follo"in! day, on 1F ebuay 233G, because of food

poisonin!. Petitione Calimutan maintained that he had no pesonal!ud!e a!ainst the victim Cante pevious to the stonin! incident.2F

'n 23 Novembe 2334, the RTC endeed its :ecision,2G essentially

adoptin! the posecutionOs account of the incident on 10 ebuay 233G,

and ponouncin! that 7t cannot be le!ally contended that the tho"in! of the stone by the

accused "as in defense of his companion, a stan!e, because afte thebo5in! Michael "as able to un. #hile it appeas that the victim "as the

unla"ful a!!esso at the be!innin!, but the a!!ession aleady ceased

afte Michael "as able to un and thee "as no moe need fo tho"in! astone. The tho"in! of the stone to the victim "hich "as a etaliatoy act

can be consideed unla"ful, hence the accused can be held ciminally

liable unde paa!aph 2 of At. 0 of the Revised Penal Code.The act of tho"in! a stone fom behind "hich hit the victim at his bac$

on the left side "as a teacheous one and the accused committed a felony
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22/37

causin! physical in6uies to the victim. The physical in6uy of hematoma

as a esult of the impact of the stone esulted in the laceation of the

spleen causin! the death of the victim. The accused is ciminally liablefo all the diect and natual conse)uences of this unla"ful act even if the

ultimate esult had not been intended. At. 0, Pa. 2, Revised Penal Codeano, on the one hand, and petitione Calimutan and his helpeBulalacao, on the othe, "as a chance encounte as the t"o paties "ee

on thei "ay to diffeent destinations. The victim Cante and "itness

;a>ano "ee on thei "ay home fom a din$in! spee in Cossin!Capsay, "hile petitione Calimutan and his helpe Bulalacao "ee

"al$in! fom the ma$et to Cossin! Capsay. #hile the evidence on

ecod su!!ests that a unnin! !ud!e e5isted bet"een the victim Cante

and Bulalacao, it did not establish that thee "as li$e"ise an e5istin!animosity bet"een the victim Cante and petitione

Calimutan.6avvphil.net7n both vesions of the events of 10 ebuay 233G submitted by the

posecution and the defense, it "as the victim Cante "ho "as the initial

a!!esso. 8e suddenly punched Bulalacao, the helpe and companion of

petitione Calimutan, "hen they met on the oad. The attac$ of the victimCante "as s"ift and unpovo$ed, "hich spued petitione Calimutan

into esponsive action. /iven that this Cout dismisses the claim of

petitione Calimutan that the victim Cante "as holdin! a $nife, it does

ta$e into account that the victim Cante "as consideably olde andbi!!e, at *G yeas of a!e and "ith a hei!ht of five feet and nine inches,

compaed to Bulalacao, the boy he attac$ed, "ho "as only 2F yeas oldand stood at about five feet. Even "ith his bae hands, the victim Cante

could have hut Bulalacao. Petitione Calimutan sou!ht only to potect

Bulalacao and to stop the assault of the victim Cante a!ainst the latte"hen he pic$ed up a stone and the" it at the victim Cante. The stone

"as eadily available as a "eapon to petitione Calimutan since the

incident too$ place on a oad. That he the" the stone at the bac$ of thevictim Cante does not automatically imply teachey on the pat of

petitione Calimutan as it is hi!hly pobable that in the midst of the fay,

he the" the stone ashly and impulsively "ith no e!ad as to the

in Ciminal Case No 4240 dated 23 Novembe 2334 is heeby
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27/37

he the" the stone ashly and impulsively, "ith no e!ad as to the

position of the victim Cante. #hen the victim Cante stopped his

a!!ession afte bein! hit by the stone tho"n by petitione Calimutan,the latte also desisted fom any othe act of violence a!ainst the victim

Cante.

The above-descibed incident could not have ta$en moe than 6ust a fe"minutes. 7t "as a vey bief scuffle, in "hich the paties involved "ould

hadly have the time to ponde upon the most appopiate couse of action

to ta$e. #ith this in mind, this Cout cannot concu in the declaationmade by the Cout of Appeals that petitione Calimutan the" the stone at

the victim Cante as a etaliatoy act. 7t "as evidently a s"ift and

spontaneous eaction to an une5pected and unpovo$ed attac$ by thevictim Cante on Bulalacao. That Bulalacao "as aleady able to un a"ay

fom the victim Cante may have escaped the notice of the petitione

Calimutan "ho, unde the pessue of the cicumstances, "as foced toact as )uic$ly as possible.

The posecution did not establish that petitione Calimutan the" the

stone at the victim Cante "ith the specific intent of $illin!, o at the vey

least, of hamin! the victim Cante. #hat is obvious to this Cout "aspetitione CalimutanOs intention to dive a"ay the attac$e "ho "as, at

that point, the victim Cante, and to potect his helpe Bulalacao "ho"as, as ealie descibed, much youn!e and smalle in built than the

victim Cante.DF

/antin! that petitione Calimutan "as impelled by a la"ful ob6ective

"hen he the" the stone at the victim Cante, his act "as committed "ithine5cusable lac$ of pecaution. 8e failed to conside that a stone the sie

of a manOs fist could inflict substantial in6uy on someone. 8e also

miscalculated his o"n sten!th, pehaps una"ae, o even completely

disbelievin!, that he could tho" a stone "ith such foce as to seiouslyin6ue, o "ose, $ill someone, at a )uite len!thy distance of ten metes.

;ince it is iefa!able that the stone tho"n by petitione Calimutan atthe victim Cante "as the po5imate cause of the latteOs death, despite

bein! done "ith ec$less impudence athe than "ith malicious intent,

petitione Calimutan emains civilly liable fo such death. This Cout,theefoe, etains the e"ad made by the RTC and the Cout of Appeals

to the heis of the victim Cante of the amount of PF1,111.11 as civil

indemnity fo his death and anothe PF1,111.11 as moal dama!es.#8ERE'RE, the assailed :ecision of the Cout of Appeals in CA-/.R.

CR No. *DD1G, dated *3 Au!ust *112, affimin! the :ecision of the RTC

in Ciminal Case No. 4240, dated 23 Novembe 2334, is heeby

M':77E:. Petitione Calimutan is found /7?TH beyond easonable

doubt of ec$less impudence esultin! in homicide, unde Aticle DGF ofthe Revised Penal Code, and is accodin!ly sentenced to impisonment

fo a minimum peiod of 0 months of arresto mayor to a ma5imum

peiod of t"o yeas and one day of prision correccional. PetitioneCalimutan is futhe 'R:ERE: to pay the heis of the victim Cante the

amount of PF1,111.11 as civil indemnity fo the latteOs death and

PF1,111.11 as moal dama!es.;' 'R:ERE:.

THIRD DIISION

@G.R. No. 75'9. No()*r 2, 1990.

PEOPLE O THE PHILIPPINES,Plaintiff-Appellee, (. ERNANDO

ILIGAN AMITO, EDMUNDO ASIS ILIGAN a$ UAN

MACANDOG 3a" ;ar:4, Defendants, ERNANDO ILIGAN

AMITO a$ EDMUNDO ASIS ILIGAN,Defendants-Appellants.

Th So;#c#"or G$ra;


28/37

C%ar R. Ca$o$#Bao, ones, @., on his face, thus

causin! fatal in6uies on the latteOs face "hich esulted to sic the death

of said Esmealdo =ui>ones.

&C'NTRARH T' ?A#.&cala" vitua2a" libay

@uan Macando! "as neve appehended and he emains at la!e. At thei

aai!nment on @anuay 2*, 2342 enando 7li!an and Edmundo Asispleaded not !uilty to the cime cha!ed. Theeafte, the posecution

pesented the follo"in! vesion of the commission of thecime.chanobles.com.ph % vitual la" libay

At aound *%11 oOcloc$ in the monin! of Au!ust 0, 2341, Esmealdo=ui>ones, @. and his companions, aldy Asis and eli5 ?u$ban, "ee

"al$in! home fom baan!ay ;to. :omin!o, Iinons, Camaines Note

afte attendin! a baio fiesta dance. 7n font of the icemill of a cetainAlmadones, they met the accused enando 7li!an, his nephe",

Edmundo Asis, and @uan Macando!. Edmundo Asis pushed &"inahi&

them aside theeby pomptin! aldy Asis to bo5 him. * eli5 ?u$ban

)uic$ly told the !oup of the accused that they had no desie to fi!ht. D

enando 7li!an, upon seein! his nephe" fall, de" fom his bac$ a boloand hac$ed aldy Asis but missed. Teified, the tio an pusued by the

thee accused. They an fo about half an hou, passin! by the house of

=ui>ones, @. They stopped unnin! only upon seein! that they "ee nolon!e bein! chased. Afte estin! fo a shot "hile, =ui>ones, @. invited

the t"o to accompany him to his house so that he could chan!e to his

"o$in! clothes and epot fo "o$ as a bus conducto. 0

#hile the tio "ee "al$in! to"ads the house of =ui>ones, @., the thee

accused suddenly eme!ed on the oadside and "ithout a "od, enando7li!an hac$ed =ui>ones, @. "ith his bolo hittin! him on the foehead and

causin! him to fall do"n. F 8oified, eli5 ?u$ban and aldy Asis fled

to a distance of *11 metes, but etuned "al$in! afte they head shoutsof people. aldy Asis specifically head someone shout &May nadale na.&

G

'n the spot "hee =ui>ones, @. "as hac$ed, aldy Asis and eli5?u$ban sa" him aleady dead "ith his head busted. + They helped the

bothe of =ui>ones, @. in cayin! him to thei house. 4

That same day, Au!ust 0, 2341, the body of =ui>ones, @. "as autopsied

at the uneaia Belmonte in ?abo, Camaines Note by the municipal

health office, :. Macelito E. Abas. The postmotem e5amination epot"hich is found at the bac$ of the death cetificate eveals that Esmealdo

=ui>ones, @., "ho "as *2 yeas old "hen he died, sustained the

follo"in! in6uies%6!c%chanobles.com.ph

&2. ;hoc$ and massive ceebal hemoha!es due to multiple factue of

the entie half of the fontal left, tempoal, paietal and occipital bone ofthe head, "ith massive maceation of the bain tissue.

&*. 'the findin!s 7ncised "ound at the i!ht eyebo", medial aspectmeasuin! about 0 cms. in len!th, 1.F cm. in "idth and 1.F cm. in depth,

abasion on the left shoulde and i!ht side of the nec$.& 3

The death cetificate also indicates that =ui>ones, @. died of &shoc$ and

massive ceebal hemoha!es due to a vehicula accident.&cala"

vitua2a" libay that hac$in! on the face could not be visibly seen on the head t.s.n., pp.


29/37

v u " b y

The defendants denied havin! pepetated the cime. They alle!ed thatthey "ee in thei espective houses at the time the cime "as

committed.chanobles la" libay

Accused enando 7li!an testified that at aound midni!ht of Au!ust 0,

2341, he left his house to fetch his visitos at the dance hall. 21 Alon! the

"ay, he met his nephe", Edmundo Asis, "hom he pesumed "as dun$.8e invited his nephe" to accompany him to the dance hall. 8o"eve,

they "ee not able to each thei destination because Edmundo "as bo5ed

by somebody "hom he Edmundo sides"iped. 22 7nstead, enando7li!an bou!ht his nephe" home. 2* 'n thei "ay, they "ee oveta$en

by @uliano Mendoa "hom enando 7li!an invited to his house to help

him coo$. 2D Afte bin!in! his nephe" home, enando 7li!an and@uliano Mendoa poceeded to 7li!anOs house and aived thee bet"een

2%D1 and *%11 oOcloc$ in the monin! of the same day. 20

Edmundo Asis cooboated 7li!anOs testimony. 8e testified that "hilethey "ee "al$in! in font of the Almadones icemill, he sides"iped

someone "hom he did not eco!nie because thee "ee seveal pesonsaound. 8e said, &;oy, pae& but the peson to "hom he addessed his

apolo!y bo5ed him on his left face. 8e fell do"n and 7li!an helped him.

?ate, 7li!an accompanied him to his home in ?ico 77. 2F Afte 7li!an and

@uliano Mendoa had left his house, he slept and "o$e up at +%11 oOcloc$the follo"in! monin!. 2G

The defense made capital of the testimony of posecution "itness :.

Abas to the effect that =ui>ones, @. died because of a vehicula accident.7n ulin! out said theoy, ho"eve, the lo"e cout, in its decision of May

+, 234G, said%6!c%chanobles.com.ph

&The accused, to au!ment thei alibi, have pointed to this Cout that the

Cetificate of :eath have sho"n that the victimOs death "as caused by avehicula accident. To this, not"ithstandin!, the Cout cannot !ive cedit

fo some easons. ist, the fact of the alle!ed vehicula accident has not

been fully established. ;econd, Esmealdo =ui>ones, ;., the fathe ofthe victim, testified that :. Abas told him that if his son "as hac$ed by a

bolo on the face and then un ove the entie head by a vehicleOs tie, then

c ! o e ce cou d o be v s b y see o e e d .s. ., pp.

2G-2+, 'ctobe 2D, 2342 Thid, E5hibit *O the photo!aph of the victim

ta$en immediately afte his body had been bou!ht home is a hadevidence. 7t "ill attestly sic sho" that the entie head "as not cushed

by any vehicle. 'n the contay, it sho"s that only half of the face and

head, "as dama!ed "ith the "ound statin! on a shap ed!e hoiontally.Thee ae contusions and abasions on the uppe left shoulde and on the

nec$ "hile the body do"n"ads has none of it, "hile on the i!ht

foehead thee is anothe "ound caused by a shap instument. Theefoe,it is simple, that if the victim "as un ove by a vehicle, the othe half

potion of his head and do"n"ad pat of his body must have been

li$e"ise seiously dama!ed, "hich thee ae none.& 2+

The lo"e cout also found that 7li!anOs !oup conspied to $ill anyone o

all membes of the !oup of the victim to vindicate the bo5in! on the faceof Edmundo Asis. 7t appeciated the a!!avatin! cicumstances of evident

pemeditation and teachey and accodin!ly convicted 7li!an and

Edmundo Asis of the cime of mude and imposed on them the

afoementioned penalty.

7li!an and Edmundo Asis inteposed this appeal pofessin! innocence ofthe cime fo "hich they "ee convicted. o the second time, they

attibuted =ui>ones, @.Os death to a vehicula accident.

No eye"itnesses "ee pesented to pove that =ui>ones, @. "as un oveby a vehicle. The defense elies on the testimony of :. Abas, a

posecution "itness, "ho s"oe that the multiple factue on the head of

=ui>ones, @. "as caused by a vehicula accident 24 "hich opinion "as

ealie put in "itin! by the same "itness in the postmotem e5amination.:. Abas 6ustified his conclusion by "hat he consideed as tie ma$s on

the victimOs left shoulde and the i!ht side of his nec$. 23 8e alsotestified that the incised "ound located at the victimOs i!ht eyebo"

could have been caused by a shap bolo but it "as so supeficial that it

could not have caused the victimOs death. *1

Cicumstantial evidence on ecod indeed point to the veacity of the

actual occuence of the vehicula mishap. 'ne such evidence is thetestimony of posecution "itness aldy Asis that "hen he helped bin!

home the body of =ui>ones, @., he told the victimOs fathe, Esmealdo

=ui>ones, ;. that &befoe Esmealdo =ui>ones @. "as un ove by a he "ho is the cause of the cause is the cause of the evil caused, *+ the


30/37

= , = y

vehicle, he "as hac$ed by enando 7li!an.& *2 #hen as$ed "hy he

mentioned an automobile, aldy Asis said that he did not notice anyvehicle aound but he mentioned it &because his =ui>ones, @. head "as

busted.& ** 7t is theefoe not fafetched to conclude that aldy Asis had

actual $no"led!e of said accident but fo undestandable easons hedeclined to declae it in cout. :efense "itness Maciano Ma!o, the

baan!ay captain of ;to. :omin!o, also testified that "hen he "ent to the

scene of the cime, he sa" bits of the bain of the victim scatteed acossthe oad "hee he also sa" tie ma$s. *D

o its pat, the posecution, thou!h the victimOs fathe, pesentedevidence to the effect that 7li!an authoed the maceation of half of the

victimOs head. =ui>ones, ;. testified that fom thei house, "hich "as

about five metes a"ay fom the oad, he sa" enando 7li!an holdin! a&sinampalo$& as he, to!ethe "ith Edmundo Asis and @uan Macando!,

chased someone. :uin! the second time that he sa" the thee accused,

he head 7li!an say, &:ali, ayos na yan.& *0 8ence, the lo"e cout

concluded that the victimOs head "as &chopped& esultin! in thesplattein! of his bain all ove the place. *F 7t should be emphasied,

ho"eve, that the testimony came fom a biased "itness and it "asuncooboated.

#hile the factual findin!s of the tial cout ae !eneally !iven due

espect by the appellate cout, an appeal of a ciminal case tho"s it openfo a complete evie" of all eos, by commission o omission, as may

be imputable to the tial cout. *G 7n this instance, the lo"e cout eed in

findin! that the maceation of one half of the head of the victim "as also

caused by 7li!an fo the evidence on ecod point to a diffeentconclusion. #e ae convinced beyond peadventue that indeed, afte

=ui>ones, @. had fallen fom the bolo-hac$in! pepetated by 7li!an, he"as un ove by a vehicle. This findin!, ho"eve, does not in any "ay

e5oneate 7li!an fom liability fo the death of =ui>ones,

@.chanobles.com % vitual la" libay

nde Aticle 0 of the Revised Penal Code, ciminal liability shall be

incued &by any peson committin! a felony delito althou!h the"on!ful act done be diffeent fom that "hich he intended.& Based on

the doctine that &el )ue es causa de la causa es causa del mal causado&

,

essential e)uisites of Aticle 0 ae% a that an intentional felony has been

committed, and b that the "on! done to the a!!ieved paty be thediect, natual and lo!ical conse)uence of the felony committed by the

offende. *4 #e hold that these e)uisites ae pesent in this case.

The intentional felony committed "as the hac$in! of the head of

=ui>ones, @. by 7li!an. That it "as consideed as supeficial by the

physician "ho autopsied =ui>ones is beside the point. #hat is mateial isthat by the instument used in hac$in! =ui>ones, @. and the location of

the "ound, the assault "as meant not only to immobilie the victim but to

do a"ay "ith him as it "as diected at a vital and delicate pat of thebody% the head. *3

The hac$in! incident happened on the national hi!h"ay D1 "heevehicles ae e5pected to pass any moment. 'ne such vehicle passed

seconds late "hen ?u$ban and aldy Asis, unnin! scaed and havin!

baely ne!otiated the distance of aound *11 metes, head shouts of

people. =ui>ones, @., "ea$ened by the hac$in! blo" "hich sent him tothe cemented hi!h"ay, "as un ove by a vehicle.

nde these cicumstances, "e hold that "hile 7li!anOs hac$in! of

=ui>ones, @.Os head mi!ht not have been the diect cause, it "as the

po5imate cause of the latteOs death. Po5imate le!al cause is defined as

&that actin! fist and poducin! the in6uy, eithe immediately o bysettin! othe events in motion, all constitutin! a natual and continuous

chain of events, each havin! a close causal connection "ith its immediate

pedecesso, the final event in the chain immediately effectin! the in6uy

as a natual and pobable esult of the cause "hich fist acted, unde suchcicumstances that the peson esponsible fo the fist event should, as an

odinaily pudent and intelli!ent peson, have easonable !ound toe5pect at the moment of his act o default that an in6uy to some peson

mi!ht pobably esult theefom.& D2 7n othe "ods, the se)uence of

events fom 7li!anOs assault on him to the time =ui>ones, @. "as un oveby a vehicle is, considein! the vey shot span of time bet"een them, one

unbo$en chain of events. 8avin! ti!!eed such events, 7li!an cannot

escape liability.chanobles la" libay

#e a!ee "ith the lo"e cout that the defense of alibi cannot tun the

tide in favo of 7li!an because he "as positively seen at the scene of the co-pincipal o an accomplice to the assault pepetated by 7li!an. D4


31/37

cime and identified by the posecution "itnesses. D*

But "e disa!ee "ith the lo"e cout "ith e!ads to its findin!s on the

a!!avatin! cicumstances of teachey and evident pemeditation.

Teachey has been appeciated by the lo"e cout in vie" of thesuddenness of the attac$ on the !oup of =ui>ones, @. ;uddenness of

such attac$, ho"eve, does not by itself sho" teachey. DD Thee must be

evidence that the mode of attac$ "as consciously adopted by theappellant to ma$e it impossible o had fo the peson attac$ed to defend

himself. D0 7n this case, the hac$in! of Edmundo Asis by 7li!an follo"ed

by the chasin! of the tio by the !oup of 7li!an "as a "anin! to thedeceased and his companions of the hostile attitude of the appellants. The

!oup of =ui>ones, @. "as theefoe placed on !uad fo any subse)uent

attac$s a!ainst them. DF

The e)uisites necessay to appeciate evident pemeditation have

li$e"ise not been met in this case. Thus, the posecution failed to pove

all of the follo"in!% a the time "hen the accused detemined to committhe cime< b an

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