GR L 3835; (November, 1951) (Digest)

G.R. No. L-3835 November 15, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUANITO JAULA, defendant-appellant.

FACTS

The appellant, Juanito Jaula, was convicted of murder with slight physical injuries by the Court of First Instance of Iloilo and sentenced to reclusion perpetua, indemnity, and costs. He lived with his children in the house of his sister-in-law, Generosa Pudadera. On November 24, 1949, the appellant expressed his desire to take his children from Generosa’s house and threatened to kill her if she refused. That night, around eleven o’clock, Gabriel Pudadera (Generosa’s brother) was awakened by her calls for help and saw the appellant stab Generosa as she lay face downward. When Gabriel attempted to help, the appellant struck him on the forehead. The appellant surrendered the next morning to police authorities with a dagger and admitted to stabbing Generosa. The medical examination showed Generosa died from a stab wound, and Gabriel’s injury was slight. The appellant’s defense was that he did not stab Generosa; instead, he claimed that during an altercation with Gabriel, Generosa intervened and was accidentally hit by Gabriel, and he only wounded Gabriel in self-defense.

ISSUE

Whether the trial court correctly convicted the appellant of murder and properly appreciated the aggravating and mitigating circumstances, including the failure to impose a separate penalty for slight physical injuries.

RULING

The Supreme Court affirmed the appellant’s culpability but modified the penalties. The Court found the appellant guilty based on his prior threat, Gabriel’s credible testimony, the location of the fatal wound inconsistent with accidental hitting, and the appellant’s admission to police. The trial court erred in appreciating the aggravating circumstance of disregard of respect due to the offended party on account of her sex, as no specific insult or disrespect was shown. The mitigating circumstance of voluntary surrender was correctly appreciated. The trial court also erred in not imposing a separate penalty for the slight physical injuries inflicted upon Gabriel Pudadera. With one mitigating circumstance and no aggravating circumstance, the penalties should be imposed in the minimum period. The appellant is sentenced for murder to an indeterminate penalty of 12 years of prision mayor to 20 years of reclusion temporal, and for slight physical injuries to 10 days of arresto menor. The appealed judgment is affirmed in all other respects.