G.R. No. 1090 : April 29, 1905

FACTS:
Pedro de Asis died after having been sent by the defendant, Toribio Gonzalez, to a house on the same day. The prosecution, based on charges presented by Deogracias Balitaan, alleged that the death was caused by a beating and ill-treatment inflicted by Gonzalez. The defense, however, contended that the deceased was seriously ill and that his death resulted from that illness. The trial court found the facts constituting the crime of homicide to be proven beyond reasonable doubt and convicted Gonzalez.

ISSUE:
Whether the death of Pedro de Asis was caused by the beating and maltreatment inflicted by the defendant (constituting homicide) or was merely the result of a pre-existing illness.

RULING:
The Supreme Court affirmed the conviction. The Court held that the two circumstancesthe deceased’s illness and the beating by the defendantwere not mutually exclusive. The beating could have been inflicted upon a sick man and hastened his death. The defense’s evidence, which only sought to establish the existence of a serious illness, was insufficient to overturn the trial judge’s findings of fact, which were based on evidence proving the crime beyond reasonable doubt.

Regarding the penalties, the Court agreed with the application of the extenuating circumstance under Article 9, paragraph 3 of the Penal Code. It did not apply the extenuating circumstance under paragraph 7, following Spanish jurisprudence. However, the Court held that the extenuating circumstance under Article 11 of the Penal Code should be considered, warranting the application of Article 81, paragraph 5.

The judgment was affirmed in all respects, with the additional penalty for Gonzalez to indemnify the heirs of the deceased in the amount of P1,000 and to pay the costs of the instance.