GR 28832; (September, 1928) (Digest)

G.R. No. 28832, September 17, 1928
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. JUAN BANGUG, GABRIEL BANGUG, JOSE ANGOLUAN and EUFRASIO CARABANGA, defendants-appellants.

FACTS

On December 23, 1926, two Constabulary soldiers (Nabagtec and Sison) and their Igorot cargador (Tulang) encountered a hunting party from Ilagan, Isabela, which included the appellants. The soldiers inspected the hunters’ firearms, confiscated their ammunition, and informed them they would be taken to Natonin the next morning for a hunting violation. That evening, the Ilagan hunters conspired to kill the soldiers and the cargador. In the early hours of the next day, while the victims were asleep, the appellants attacked and killed them. Juan Bangug first seized the soldiers’ carbines. The victims were killed despite putting up a fight, during which one hunter, Francisco Bangug, was mortally wounded. The appellants hid the weapons, disposed of the bodies, and returned home, falsely reporting Francisco’s death as an accident. The crime remained undiscovered until an investigation in May 1927, leading to the appellants’ arrest and the discovery of the victims’ skeletons.

ISSUE

1. Whether the crime committed was murder or homicide.
2. Whether the aggravating circumstances of evident premeditation and uninhabited place were present.
3. Whether appellants Gabriel Bangug and Eufrasio Carabanga are entitled to the mitigating circumstance of lack of instruction and education under Article 11 of the Penal Code.
4. The correct individual criminal liability and penalty for each appellant.

RULING

1. The crime is Murder, qualified by treachery. The attack was sudden and executed while the victims were asleep and defenseless, ensuring the execution without risk to the appellants.

2. The aggravating circumstances of evident premeditation and uninhabited place are present.
* Evident Premeditation: The appellants conspired and agreed to kill the victims hours before the attack, providing sufficient time for cold reflection.
* Uninhabited Place: The crime was committed in an isolated region (Gulu or Cama), far from human habitation, which facilitated the commission and concealment of the crime.

3. The mitigating circumstance under Article 11 of the Penal Code is not applicable. The trial court found that the appellants did not lack the intelligence to understand the illegality of their acts, a factual finding the Supreme Court will not reverse.

4. Individual Penalties:
* Juan Bangug and Jose Angoluan: The death penalty is AFFIRMED. They were the leaders who planned the crime, actively participated in the killings, and were positively identified.
* Gabriel Bangug: His penalty is MODIFIED. The evidence only conclusively establishes his presence and subsequent concealment of the crime, making him an accessory to each murder. He is sentenced to eight years and one day of *presidio mayor* for each of the three murders.
* Eufrasio Carabanga: His penalty as an accessory is AFFIRMED. He is sentenced to eight years and one day of *presidio mayor* for each of the three murders.

DISPOSITIVE PORTION:
The judgment of the trial court is AFFIRMED with respect to Juan Bangug and Jose Angoluan (death penalty). It is MODIFIED with respect to Gabriel Bangug and Eufrasio Carabanga, sentencing each to eight years and one day of *presidio mayor* for each of the three murders, with the accessory penalties. Costs are imposed proportionately.