GR 19572; (December, 1922) (Digest)
G.R. No. 19572 , December 29, 1922
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellant, vs. ALFONSO FACTURAN, ET AL., defendant-appellant.
FACTS
The accused Alfonso Facturan, Restituto Garrupa, Sabanal, and Dumahil were prosecuted for the murder of Henry Gardner. The incident arose from a dispute over a piece of land planted with corn. During an altercation, Facturan and Garrupa attempted to wrest Gardner’s shotgun from him. While they were wrestling, Sabanal and Dumahil assisted by holding Gardner’s arms. Facturan then stabbed Gardner in the stomach with a poniard taken from Sabanal, Garrupa wounded him on the chest with a kitchen knife, and Dumahil also wounded him with a bolo. Gardner sustained eleven wounds and died. The trial court convicted all four accused of homicide, considering the aggravating circumstance of abuse of superior strength, and sentenced each to seventeen years, four months, and one day of reclusion temporal.
ISSUE
Whether the trial court erred in: (a) giving credence to the prosecution witnesses; (b) holding that the nature of the wounds supported the theory of infliction by several persons with different weapons; and (c) convicting the accused.
RULING
The Supreme Court affirmed the trial court’s judgment. The testimony of prosecution witnesses Cirilo Recla and Teodoro de la Cruz, corroborated by accused Facturan’s own testimony, established beyond reasonable doubt that all four accused participated directly in the affray resulting in Gardner’s death. Minor discrepancies in the witnesses’ accounts did not undermine their credibility. The nature and variety of the wounds, as described by the examining physician, supported the conclusion that they were inflicted by several persons with different weapons. The crime committed was homicide, not murder, as the qualifying circumstances alleged in the information were not proven. The aggravating circumstance of abuse of superior strength was properly considered. The penalty imposed was in accordance with Article 404 of the Penal Code.
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