GR 1460; (February, 1904) (Digest)
G.R. No. 1460 , February 16, 1904
THE UNITED STATES, complainant-appellee, vs. MAXIMO GUILLERMO, defendant-appellant.
FACTS:
The accused, Maximo Guillermo, attacked the victim with a pocket knife, inflicting a wound in the left hypochondrium. The victim died four days later. The assault and its fatal result were testified to by two eyewitnesses, and their accounts were corroborated by the dying declarations of the deceased to his wife and attending physician. The physician confirmed that the wound was mortal. The fact of death was established by these witnesses and by the accused himself.
ISSUE:
Whether the accused is guilty of the crime of homicide and what circumstances should be considered in the imposition of the penalty.
RULING:
The Supreme Court affirmed the judgment of the Court of First Instance, finding the accused guilty of homicide as defined and penalized under Article 404 of the Penal Code. The Court considered the presence of the mitigating circumstance of intoxication under Article 9, paragraph 6 of the Penal Code, as it was proven that the accused was intoxicated at the time of the commission of the crime and such intoxication was not habitual. Accordingly, the penalty of twelve years and one day of reclusion temporal imposed by the lower court was deemed in accordance with law. The Court modified the sentence by additionally ordering the accused to pay an indemnity of 1,000 Philippine pesos to the heirs of the deceased. Costs were imposed on the accused.
