GR 1846; (July, 1905) (Digest)
March 6, 2026GR 2160; (July, 1905) (Digest)
March 6, 2026G.R. No. 1951 : July 15, 1905
PARTIES:
Complainant-Appellee: The United States
Defendants-Appellants: Candido Badines, Pascasio Davasol, Potenciano Davasol, and Rufino Davasol
FACTS:
The defendants were charged with homicide. The evidence established that the crime occurred during a quarrel that arose unexpectedly over a game of cards. Pascasio Davasol struck the fatal blow against the victim. Candido Badines, Potenciano Davasol, and Rufino Davasol cooperated through other simultaneous acts. The trial court found all accused guilty as principals and further held that they took advantage of superior strength, imposing the penalty in its maximum degree.
ISSUE:
1. Whether the trial court correctly classified the participation of Candido Badines, Potenciano Davasol, and Rufino Davasol as that of principals.
2. Whether the aggravating circumstance of “advantage of superior strength” was correctly appreciated.
RULING:
1. On the Classification of Participation: The Supreme Court reversed the trial court’s classification. Applying Articles 13 and 14 of the Penal Code, the Court held that while the three appellants (Badines, Potenciano Davasol, and Rufino Davasol) cooperated with simultaneous acts, their acts were not indispensable to the commission of the crime. Therefore, they should be considered accomplices, not principals. Only Pascasio Davasol, who delivered the fatal blow, was correctly classified as a principal.
2. On the Aggravating Circumstance: The Supreme Court disagreed with the finding of “advantage of superior strength.” The evidence showed the fatal blow was struck during a sudden, man-to-man altercation arising from a card game. This scenario did not constitute the kind of superior strength contemplated under paragraph 9, Article 10 of the Penal Code. Consequently, the penalty should not be imposed in its maximum degree.
DISPOSITIVE PORTION:
The judgment of the trial court was reversed.
Pascasio Davasol (principal) was sentenced to seventeen years of reclusion temporal, with the accessory penalties under Article 59 of the Penal Code.
Candido Badines, Potenciano Davasol, and Rufino Davasol (accomplices) were each sentenced to eight years and one day of prision mayor, with the accessory penalties under Article 57 of the Penal Code.
All defendants were ordered to pay jointly and severally an indemnity of P1,000 to the heirs of the deceased.
Each defendant was to pay one-fourth of the costs in both instances.
