G.R. No. 41098 ; October 30, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. SILVINO ONGJUNCO and BASILIO ONGJUNCO, defendants-appellants.

FACTS

Appellants Silvino and Basilio Ongjunco were convicted of homicide. The incident stemmed from a dispute on August 3, 1933, when Silvino, a lodger in the house of Maximo Padal, argued with Padal after Padal switched off an electric light Silvino was using. Insults were exchanged, and Silvino and his wife moved out. The following evening, after Basilio learned of the incident, both appellants went to Padal’s house. A challenge to a “fair fight” (fists only) was made and accepted. The fight occurred in the street, but instead of using fists, both appellants used knives. Maximo Padal sustained fifteen injuries, including two lethal stab wounds, and died about an hour later.

ISSUE

Whether the trial court erred in its factual findings and in convicting the appellants of homicide, considering the credibility of the witnesses and the circumstances of the fight.

RULING

The Supreme Court affirmed the conviction. The appeal raised only questions of witness credibility, not law. After a careful review, the Court found no reason to overturn the trial judge’s findings, who had the advantage of observing the witnesses. The Court held there was no reasonable doubt that both appellants actively participated in the fatal fight. No aggravating or mitigating circumstances attended the crime. The penalty was modified to an indeterminate sentence of seven years of prision mayor as a minimum to fourteen years, eight months, and one day of reclusion temporal as a maximum. The judgment, as modified, was affirmed.

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