GR 1255; (August, 1903) (Digest)
G.R. No. 1255 : August 17, 1903
THE UNITED STATES, complainant-appellee, vs. FELIPE ABAIGAR, defendant-appellant.
FACTS:
The defendant-appellant, Felipe Abaigar, was convicted of murder by the lower court and sentenced to death. The evidence, including the accused’s own confession, established that he stabbed Constantino Nabaonag to death while the latter was bound and unable to defend himself. The trial court found the crime was committed with the aggravating circumstances of deliberate premeditation, the employment of means to add ignominy to the act, and the commission of the crime with the assistance of armed men.
ISSUE:
Whether the trial court correctly appreciated the presence of the alleged aggravating circumstances to justify the imposition of the death penalty.
RULING:
The Supreme Court affirmed the conviction for murder under Article 403 of the Penal Code, as the killing of a bound victim constituted alevosia (treachery). However, it reversed the finding of the aggravating circumstances.
1. Deliberate Premeditation: Not present. The evidence showed the accused’s purpose to kill arose suddenly upon hearing that the deceased had spoken ill of him, and he executed the crime immediately thereafter. There was no evidence of the cold, meditative, and persistent reflection required for premeditation.
2. Ignominy: Not present. The fact that the crime was committed in the presence of the victim’s wife did not constitute the employment of means or circumstances specifically intended to make the effects of the crime more humiliating or disgraceful.
3. Assistance of Armed Men: Not present. While armed men were nearby, the evidence established that the accused acted alone. There was no proof that he availed himself of their aid or knowingly counted upon their assistance in committing the crime.
With no aggravating or mitigating circumstances, the proper penalty is that prescribed in the medium period of Article 403 of the Penal Code, which is cadena perpetua (life imprisonment). The Supreme Court modified the sentence accordingly and also ordered the accused to indemnify the heirs of the deceased in the amount of 1,000 Mexican pesos.