GR 1131; (April, 1903) (Digest)
G.R. No. 1131 : April 23, 1903
THE UNITED STATES, complainant-appellee, vs. NICASIO SEVILLA, defendant-appellant.
FACTS:
On April 26, 1902, a Constabulary inspector and several soldiers went to a house in Caignin, Caloocan, to arrest a man named Andres. Andres escaped. The Constabulary arrested the other occupants of the house and proceeded to escort them to Manila. While en route at a place called Matalahip, the Constabulary party was ambushed at a street corner by several armed men, including Andres, the accused Nicasio Sevilla, and Marcelo Magsalin. The attackers fired repeatedly, resulting in the death of Constabulary soldier Cayetano Bacleon from a gunshot wound to the head.
ISSUE:
Whether the crime committed by the accused, Nicasio Sevilla, is homicide in a confused and tumultuous affray or a distinct crime of homicide committed in concert with others.
RULING:
The Supreme Court reversed the judgment of the lower court. The crime committed was not homicide in a confused and tumultuous affray. The evidence established that Andres, immediately after his escape, conspired with the accused and others to attack the Constabulary, either to rescue the prisoners or to avenge the attempted arrest. They stationed themselves at an ambush point and launched a simultaneous, concerted attack. The Constabulary party merely acted in self-defense. Therefore, the killing constituted the crime of homicide under Article 404 of the Penal Code, for which all participants, including the accused, are equally responsible as co-principals.
The aggravating circumstance of the use of prohibited arms (firearms which private parties were not allowed to possess) was present, with no mitigating circumstances to offset it. Accordingly, the penalty must be imposed in its maximum degree.
Nicasio Sevilla was found guilty of homicide and sentenced to seventeen years, four months, and one day of reclusion temporal, with the accessories prescribed by law, to indemnify the heirs of the deceased in the amount of one thousand Mexican pesos, and to pay the costs of both instances.