G.R. No. L-4797
THE UNITED STATES, plaintiff-appellee, vs. GELASIO CASTELLON, ET AL., defendants-appellants.
December 1, 1908

FACTS:
On January 18, 1907, at about 6 p.m., Gelasio Castellon and Tranquilino Salac, motivated by Simon Cubado’s ill-treatment and threats against Natalia David (Salac’s mother and Cubado’s mistress), agreed to kill Cubado. David was informed and consented, stating Cubado would otherwise kill everyone.

As Cubado sat talking with David, Salac gave the agreed-upon signal “yana.” Castellon immediately struck Cubado in the neck with a bolo, knocking him down. As Cubado tried to get up, Salac stabbed him in the abdomen with a “lilig.” Simon de los Santos intervened, getting wounded in the process. Cubado managed to enter his house, wrap his neck, and proceeded to a barrio guardhouse to report the incident.

Around 8 p.m., nearing the guardhouse, Cubado, covered in blood, informed barrio lieutenant Numeriano Manuel that he was wounded by “Gelasio, the son of Petra,” and possibly “Tranquilino” (heard by a witness). Cubado died shortly after. An autopsy revealed a severe neck wound (severed trachea/esophagus), an abdominal stab, and hand wounds.

The next day, Castellon and Salac were arrested; Salac had bloodstains on his hands, face, and shirt, and Castellon on his shirt. After initial denial, they confessed to attacking Cubado at David’s instigation. Castellon pointed out the blood-stained bolo. David also admitted knowing her son and Castellon were the aggressors.

The provincial fiscal charged them with murder. The trial court sentenced Natalia David to reclusion perpetua, and Castellon and Salac each to 15 years of cadena temporal, plus P1,000 indemnity jointly and severally. All appealed, but Natalia David died in prison during the appeal.

ISSUE:
1. Are Gelasio Castellon and Tranquilino Salac guilty of murder?
2. If so, is the penalty imposed by the trial court correct, considering the attendant aggravating and mitigating circumstances?

RULING:
Yes, Gelasio Castellon and Tranquilino Salac are guilty of murder, and the penalty imposed is affirmed.

The Court found “satisfactory and conclusive proof” of the crime and the culpability of the accused. The crime was qualified as murder due to the presence of treachery (alevosia). The attack on an unarmed and unsuspecting Cubado, suddenly and from behind, without any risk to the aggressors, directly and specially ensured the consummation of the crime.

The evidence supporting conviction included:
1. Dying Declaration: Cubado’s statement to the barrio lieutenant identifying Castellon (and Salac) as his assailants, made when he was in imminent danger of death and without hope of recovery, was admissible and conclusive.
2. Confessions: The extrajudicial confessions of Castellon, Salac, and David, made before the provincial fiscal and justice of the peace, corroborated by arresting officers’ testimony, were deemed free and spontaneous, dismissing claims of maltreatment.
3. Physical Evidence: Bloodstains on the defendants’ clothes, hands, and face, and the blood-stained bolo found where Castellon indicated, further corroborated their guilt.

The Court considered the aggravating circumstance of deliberate premeditation, noting that the accused had conspired and meditated upon the crime for over an hour. However, premeditation was treated as a generic aggravating circumstance, as treachery already qualified the crime to murder.

A special mitigating circumstance was applied: the accused were under 18 years of age (paragraph 2, Article 9 of the Penal Code). This required the imposition of the penalty next lower in degree than that prescribed for murder.

Applying the law, the penalty for murder (Article 403) with the special mitigating circumstance meant a reduced penalty of presidio mayor in its maximum degree to cadena temporal in its medium degree (Article 85, No. 2). With the aggravating circumstance of premeditation, the penalty should be applied in its maximum degree (Article 81, Rule 3). The Court found the trial court’s sentence of 15 years of cadena temporal to be in accordance with the law.

The case against Natalia David was dismissed due to her death during the appeal.

The judgment of the lower court was affirmed with respect to Gelasio Castellon and Tranquilino Salac.