G.R. No. 1931 : March 13, 1905
THE UNITED STATES, complainant-appellee, vs. JOSE CARIASO, ET AL., defendants-appellants.

FACTS:
On a night in April 1902, in San Clemente, Tarlac, the defendant Jose Cariaso, together with Andres Pelaez and others, went to the house of Domingo Legaspi. Armed with a bolo, they took Legaspi prisoner, tied his wrists, and led him to a place called Cabalansian. There, Legaspi was killed and his body was burned, with his remains discovered in May 1902. In a prior separate case for murder, Gervasio Ynong and Eutiquiano Cabuling were convicted as principals. The case against Jose Cariaso was separated and proceeded independently. Cariaso admitted to participating in the capture of Legaspi but claimed he left his companions on the way to the place of the killing and did not witness the murder.

ISSUE:
What is the degree of criminal liability of Jose Cariaso for the crime of assassination (murder), considering his participation?

RULING:
The Supreme Court affirmed the judgment of the lower court. Jose Cariaso was found guilty as an accomplice to the crime of assassination. The crime was qualified by the circumstance of price or reward. While the aggravating circumstances of nocturnity and craft were present, these were offset by the special extenuating circumstance under Article 11 of the Penal Code (which the Court applied without specifying, but context suggests it was the defendant’s voluntary desistance from the execution of the crime after having performed acts leading thereto). Consequently, the penalty was imposed in its medium degree. Jose Cariaso was sentenced to thirteen (13) years of cadena temporal, with the corresponding accessories, and to pay jointly and severally with the other convicted principals an indemnity of 2,000 pesos to the heirs of Domingo Legaspi, with subsidiary liability.