G.R. No. 28871 , September 19, 1928
PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. CLEMENTE BABIERA, JUSTO BABIERA and DOMINGA BORES, defendants-appellants.

FACTS

Justo Babiera sold two parcels of land to Basilio Copreros under a pacto de retro sale. After the redemption period expired, Copreros consolidated his title and leased the land to Severino Haro, the municipal president of Oton. Justo Babiera filed an unsuccessful suit to recover the land. During the pendency of the case, threats were made by the Babieras and their associates against Haro and his tenant. On August 21, 1927, while Severino Haro was returning from the land at night with companions, Clemente Babiera suddenly attacked him from behind with a bolo, inflicting fatal wounds. Justo Babiera and Dominga Bores were present and assisted by holding Haro’s companions at bay. Haro died from his wounds. The trial court convicted Clemente Babiera as principal for murder and Justo Babiera and Dominga Bores as accomplices.

ISSUES:
1. Whether the guilt of the appellants was proven beyond reasonable doubt.
2. Whether Exhibit I (a statement made by the victim) was admissible as a dying declaration.
3. Whether evidence of the victim’s quarrelsome character was admissible to determine who began the attack.

RULING

1. On the Admissibility of Exhibit I: The Supreme Court held that while the initial statement (Exhibit I) was not a dying declaration because it was not shown that the declarant believed himself at the point of death, it became admissible when he ratified its contents a week later when he was near death. A statement made under circumstances not rendering it admissible as a dying declaration becomes admissible if approved or repeated by the declarant after he has abandoned all hope of recovery.

2. On the Proof of Guilt: The Court found the appellants’ guilt proven beyond reasonable doubt. The evidence established that Clemente Babiera, with intent to kill, attacked Severino Haro from behind with a bolo at night. Justo Babiera and Dominga Bores were present and prevented Haro’s companions from rendering aid, thus cooperating in the execution of the crime by previous or simultaneous acts. Their conviction as accomplices was proper.

3. On the Victim’s Character: The Court ruled that evidence of the victim’s quarrelsome character or *provecho* is inadmissible for the purpose of determining who began the attack. Such evidence can only be admitted to prove *acusacion* or *retorsion* (self-defense) or to aggravate or mitigate the liability of those who had knowledge of such character at the time of the act.

4. On the Crime and Penalties:
* For Clemente Babiera: The crime committed was Murder, qualified by treachery (*alevosia*). The circumstance of nocturnity was absorbed by treachery. He was sentenced to life imprisonment (*cadena perpetua*).
* For Justo Babiera and Dominga Bores: They were guilty as accomplices to Homicide, not Murder, as treachery was not alleged in the information against them. The penalty for homicide is *reclusion temporal*. The penalty for an accomplice is one degree lower, which is *prision mayor*. With the aggravating circumstance of nocturnity and no mitigating circumstance, the penalty was imposed in its maximum degree: ten years and one day of *prision mayor*.

5. On Civil Liability: The indemnity of P1,000 was apportioned according to the Penal Code: Clemente Babiera (principal) to pay P600, and Justo Babiera and Dominga Bores (accomplices) to pay P400 jointly and severally, with subsidiary liability among them.

The appealed judgment was modified accordingly.