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’ licenses, 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. While the victims were asleep, the appellants, armed with the soldiers’ carbines, bolos, and lances, attacked and killed them. The bodies were hidden, and the crime remained undiscovered until an investigation in May 1927. The appellants were charged with multiple murder. The trial court convicted Juan Bangug, Gabriel Bangug, Jose Angoluan, and Pascual Tulinao (who died pending appeal) and sentenced them to death. Eufrasio Carabanga was sentenced to eight years and one day of *presidio mayor*. The appellants appealed.

ISSUES:
1. Whether the crime committed was murder or homicide.
2. Whether the appellants Gabriel Bangug, Jose Angoluan, and Pascual Tulinao were entitled to the mitigating circumstance of lack of instruction under Article 11 of the Penal Code.
3. Whether the penalty imposed by the trial court was correct.

RULING

1. The crime is murder, qualified by treachery. The victims were attacked while asleep and defenseless, satisfying the element of *alevosía*. The Court also found the aggravating circumstances of evident premeditation (the conspiracy was formed hours before the execution) and uninhabited place (the crime occurred in an isolated area, despite the presence of another hunting party nearby). The trial court correctly classified the crime as murder.

2. The mitigating circumstance of lack of instruction under Article 11 is not applicable. The trial court found that the appellants were not entitled to this benefit, and the Supreme Court saw no reason to reverse this finding, citing *U.S. vs. Elicanal*.

3. The penalties are modified as follows:
* Juan Bangug and Jose Angoluan: The death penalty is AFFIRMED. They were the leaders who planned the crime and actively participated in the killings.
* Gabriel Bangug: The death penalty is SET ASIDE. The evidence did not sufficiently prove his direct participation as a principal. He was convicted as an accessory to each murder and sentenced to eight years and one day of *presidio mayor* for each of the three murders.
* Eufrasio Carabanga: His conviction as an accessory is AFFIRMED, and he is sentenced to eight years and one day of *presidio mayor* for each of the three murders.

The judgment of the trial court is affirmed with respect to Juan Bangug and Jose Angoluan, and modified with respect to Gabriel Bangug and Eufrasio Carabanga. Costs are imposed proportionately.