G.R. No. 1304 : January 22, 1904
THE UNITED STATES, complainant-appellee, vs. PETRONILO DONOSO, ET AL., defendants-appellants.

FACTS:
On February 17, 1903, the Provincial Fiscal of Samar filed an information charging nine defendants with the murder of Pedro Almasan on April 24, 1902, in Tubig, Samar. The accused allegedly attacked Almasan with alevosia and premeditation, inflicted fatal wounds, and decapitated his corpse. The accused, including municipal president Petronilo Donoso, policemen, and volunteers, were part of an expedition ordered by American military authorities to compel townspeople hiding in the forest to return to the village. The expedition, commanded by defendant Gregorio Calin, found Almasan in his house, arrested him, and bound him. While being escorted, Almasan’s wife pleaded for his life, but Calin, aided by defendants Felix Ballos and Timoteo Ladores, attacked and killed Almasan while he was bound and defenseless. Calin then ordered the decapitation, and the head was later displayed in the town square by Donoso. The defendants looted Almasan’s property and burned his house. At trial, the court convicted Donoso, Calin, Ballos, and Ladores of murder and sentenced them to death, while acquitting the other defendants due to insufficient evidence. The convicted defendants appealed.

ISSUE:
Whether the defendants are guilty of murder and, if so, whether any mitigating or aggravating circumstances apply, including the applicability of the amnesty proclamation of July 4, 1902.

RULING:
The Supreme Court modified the lower court’s decision. It held that the killing of Pedro Almasan constituted murder under Article 403 of the Penal Code due to the presence of alevosia, as the attack was carried out while the victim was bound and unable to defend himself. The Court found Gregorio Calin, Felix Ballos, and Timoteo Ladores guilty as principals. However, it ruled that the aggravating circumstance of premeditation was not present, as there was no evidence of a predetermined plan to kill Almasan before the expedition. Applying the mitigating circumstance under Article 11 of the Penal Code (racial characteristics and ignorance), the Court reduced the penalty. Calin was sentenced to twenty years of cadena temporal, while Ballos and Ladores each received seventeen years, four months, and one day of cadena temporal, with corresponding accessories and an order to indemnify the victim’s heirs.

Regarding Petronilo Donoso, the Court acquitted him due to insufficient evidence proving his direct participation or instigation in the murder. The acquittals of the other defendants (Antipatro Ada, Alberto Aquiatan, Rufino Ciego, Gavino Balaizuche, and Pablo Baldonido) were affirmed. The Court rejected the defense’s claim of amnesty under the July 4, 1902 proclamation, as the crime was not politically motivated and was committed with cruelty and personal motives. The dissenting opinion argued that the defendants were entitled to amnesty benefits.