GR L 1798; (December, 1948) (Digest)
G.R. No. L-1798, December 29, 1948
People of the Philippines vs. Domingo Acusar, et al.
FACTS
On August 21, 1946, Domingo Acusar attempted to take three spades from a U.S. Army Ammunition Depot in Batangas. The depot foreman, Romero Velasquez, recovered them. Domingo later returned with his brother Anselmo, demanding the spades. When Romero refused, Domingo hacked him with a bolo, aided by his brothers Anselmo and Marcelino with knives, leaving Romero severely wounded. Seeing Romero’s father, Gregorio Velasquez, shouting, Igmidio Acusar (Domingo’s father) attacked Gregorio with a rifle butt, aided by two companions with sticks. Domingo, Anselmo, and Marcelino then joined, beating Gregorio with crowbars, with Domingo hacking him once. Gregorio died from skull fractures. Romero survived after hospitalization. Domingo and Igmidio were convicted of murder for Gregorio’s death, and Domingo for serious physical injuries against Romero. They appealed.
ISSUE
1. Whether the crimes committed should be classified as murder or homicide for the killing of Gregorio Velasquez.
2. Whether Domingo Acusar’s act against Romero Velasquez constituted attempted homicide or a more serious crime.
RULING
The Supreme Court modified the lower court’s decision.
1. The killing of Gregorio Velasquez is homicide, not murder. While abuse of superior strength was present, it was not alleged in the information, so it could only be considered as an aggravating circumstance for homicide.
2. Domingo Acusar’s attack on Romero Velasquez constituted attempted homicide, not serious physical injuries. The intent to kill was manifest from the use of deadly weapons and the assailants leaving Romero for dead, but medical testimony indicated doubt that the wounds would have been fatal without treatment.
Igmidio Acusar was sentenced as principal for homicide. Domingo Acusar was sentenced as an accomplice in the homicide (for his lesser role in Gregorio’s death) and as principal for attempted homicide. Indemnities were awarded to the victims’ heirs.
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