GR L 6061; (March, 1911) (Digest)
G.R. No. L-6061, March 18, 1911
THE UNITED STATES vs. MATEO PADO (alias BANGIT) and FAUSTO GARFIN
FACTS
Defendants Mateo Pado (alias Bangit) and Fausto Garfin were charged with murder. Fausto Garfin solicited Bangit and Bangit’s son-in-law, Laurencio Indo, to kill his elder sister and her husband, Julian Masuelas, believing them to be witches. After planning for a day and sharpening their bolos, they went to Julian’s house on the evening of December 24, 1909. Upon arrival, they pretended to buy tobacco. When Julian arrived, the attack commenced. Fausto struck his sister (Fernanda, Julian’s wife), Bangit attacked Julian, and Laurencio attacked Julian’s mother, Lucia Copertino. Lucia died from her wounds, and Julian was killed. Fernanda and her two young sons were also seriously wounded. Fausto fled immediately after striking the first blow. Bangit pleaded guilty at trial, while Fausto pleaded not guilty, claiming he was a victim who escaped. The trial court found both guilty as principals of murder qualified by known premeditation, with several aggravating circumstances, and sentenced them to death.
ISSUE
Whether the trial court correctly imposed the death penalty on the defendants, considering the presence of qualifying and aggravating circumstances and the possible application of the extenuating circumstance of race under Article 11 of the Penal Code.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court agreed with the trial court’s findings that the crime was murder, qualified by known premeditation, and aggravated by the circumstances of dwelling, nighttime, and the respective personal circumstances of the defendants (Fausto’s relationship to the victims and Bangit’s recidivism). No mitigating circumstances under Article 9 were present. However, the Court, in the exercise of its discretion, applied the extenuating circumstance of “race” under Article 11 of the Penal Code. The defendants, living in a remote, mountainous barrio, were motivated by a deep superstition that the victims were witches, believing they were rendering a service to the community. This lack of enlightenment due to their isolated upbringing justified applying Article 11 to offset the aggravating circumstances. Consequently, the death penalty was reduced to cadena perpetua (life imprisonment).
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