GR 36366; (September, 1932) (Digest)
G.R. No. Nos. 36366-36368; September 23, 1932
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. HIPOLITO AGBUYA, ET AL., defendants-appellants.
FACTS
For several years, enmity existed between the Palisoc and Agbuya families in Urbiztondo, Pangasinan. On August 10, 1930, appellants Hipolito Agbuya and his son Agustin Agbuya, armed with a shotgun and a bolo, waited along a path (malecon). When Martin Palisoc approached with two companions, Agustin, after taking the shotgun from Hipolito, confronted and shot Martin. After Martin fell, Feliciano Palisoc, upon hearing the commotion, approached and was also shot and killed by Agustin. Later, Agustin fired at but missed Pioquinto Palisoc from a distance. The Agbuyas then approached the bodies of Martin and Feliciano and fired additional shots into them. The appellants were arrested the next day and confessed to the killings.
ISSUE
1. Whether appellants are guilty as principals in the two homicides.
2. Whether the killing of Martin Palisoc constituted murder qualified by alevosia or evident premeditation.
3. Whether Agustin Agbuya is guilty of illegal discharge of firearms for shooting at Pioquinto Palisoc.
RULING
1. Yes. Both appellants are guilty as principals in the two homicides. Their acts before, during, and after the crimes—including Hipolito cleaning the shotgun, inquiring about Martin’s whereabouts, handing the gun to Agustin at the scene, and later participating in firing additional shots into the victims—demonstrate a common design to kill.
2. No. The killing of Martin Palisoc is homicide, not murder. Alevosia (treachery) was not present as the attack was made frontally on a public highway, not from ambush. Evident premeditation was also not clearly proven.
3. Yes. Agustin Agbuya is guilty of illegal discharge of firearms for shooting at Pioquinto Palisoc from a great distance (about 200 meters), as the act lacked a clear intent to kill and was likely done to frighten him.
The judgment of the trial court was affirmed, with penalties to be served successively.
AI Generated by Armztrong.