G.R. No. 1939 : April 13, 1905

FACTS:
On the night of April 6, 1902, Pedro Panganiban was asleep inside the store of Eulogio Salamat in Hagonoy, Bulacan, together with several other individuals, including the accused, Guillermo Macalinao. While Panganiban was asleep, he was attacked and inflicted with several wounds from a sharp weapon (a bolo). Upon being awakened by the blows, Panganiban recognized his assailant as Guillermo Macalinao, who then fled. Panganiban, weakened by his injuries, was unable to apprehend him. Before his death on the following morning, Panganiban declared to his father, the store owner, and others, including the justice of the peace, that Macalinao was his attacker. He surmised the motive was Macalinao’s belief that Panganiban had killed one of Macalinao’s brothers years prior. The medical practitioner confirmed the wounds were serious and mortal. The accused was not apprehended until October 31, 1903. Upon arraignment, Macalinao initially pleaded guilty, confessing he committed the crime to avenge his brother’s death. However, during trial, he recanted this plea, claiming his uncle advised him to confess as a defense strategy, and presented an alibi that he was at another house at the time. The trial court convicted him of murder and sentenced him to presidio mayor for ten years and one day.

ISSUE:
Whether the guilt of Guillermo Macalinao for the crime of murder has been proven beyond reasonable doubt.

RULING:
Yes, the Supreme Court affirmed the conviction but modified the penalty.

The Court found the evidence sufficient to establish Macalinao’s guilt as the sole principal by direct participation. The conviction was based on: (1) the dying declaration of the victim, Pedro Panganiban, who positively identified Macalinao as his assailant; (2) the motive of revenge, as stated by the victim and initially admitted by the accused; (3) the flight of the accused, who was not found in his residence from the night of the crime until his arrest over a year later; and (4) his initial judicial confession of guilt. The Court held that these facts, taken together, produced a clear conviction of his liability. His subsequent denial and alibi were deemed insufficient to overcome the weight of the prosecution’s evidence.

The crime committed was Murder, defined under Article 403 of the Penal Code, qualified by alevosia (treachery). The attack was made while the victim was asleep, employing means that ensured the execution of the crime without risk to the assailant from any defense the victim might offer. The circumstance of nocturnity was absorbed in treachery.

Regarding the penalty, the Court noted the uncontroverted fact that the accused was under 18 years of age at the time of the crime’s commission. Applying the extenuating circumstance under Article 85 of the Penal Code (minority), the penalty prescribed for murder (presidio mayor in its maximum degree to cadena temporal in its medium degree) should be imposed in the degree next lower. Consequently, the penalty was reduced to cadena temporal in its minimum degree.

DISPOSITIVE:
The appealed sentence was MODIFIED. Guillermo Macalinao was sentenced to suffer the penalty of twelve (12) years and one (1) day of cadena temporal, with the corresponding accessories, to indemnify the heirs of the deceased in the amount of One Thousand Pesos (P1,000), and to pay the costs.