G.R. No. L-2738
Date: September 1, 1905
Parties:
– Plaintiff-Appellee: The United States
– Defendant-Appellant: The Moro Sarihul
FACTS:
On May 11, 1905, at about 1:00 a.m., in the municipality of Siasi, Island of Siasi, District of Sulu, Moro Province, the accused Moro Sarihul, a member of the Philippines Constabulary, was assigned as a sentinel near the house of Captain T.R. Hayson, also of the Constabulary. While on duty, Sarihul entered Hayson’s sleeping quarters and shot him in the back with his service rifle, causing instantaneous death. The prosecution established that the killing was committed with treachery (as the victim was asleep and shot from behind) and with known premeditation, as Sarihul and another Moro, Abdulah, had agreed two days prior to kill Hayson at the earliest opportunity. During arraignment and trial, Sarihul admitted to the killing, attributing his actions to the influence of his companions. The Court of First Instance found him guilty of assassination under Article 403 of the Penal Code and imposed the death penalty. The case was elevated to the Supreme Court en consulta pursuant to Section 4 of Act No. 194.
ISSUE:
Whether the penalty of death imposed by the trial court should be modified in light of the defendant’s plea for the mitigating circumstance of lack of education or moral instruction under Article 11 of the Penal Code.
RULING:
The Supreme Court affirmed the death penalty. The Court held that Article 11 of the Penal Code, which allows for mitigation of penalty due to “lack of education and moral instruction,” did not apply to the accused. Sarihul, as a member of the Philippines Constabulary, had voluntarily assumed the responsibility of upholding law and order, demonstrating sufficient intelligence and understanding of his duties. His admission of guilt and attribution of the crime to his companions’ influence did not constitute a mitigating circumstance. The evidence conclusively established treachery and premeditation, qualifying the crime as assassination. Thus, the death sentence was upheld, to be carried out in Siasi in accordance with Act No. 451.
