GR 40098; (February, 1934) (Digest)
G.R. No. 40098 ; February 28, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FELIX AZCONA, BARTOLOME LARA, GREGORIO CEBEDO, SIMEON HERNAN, MARCELO LUMANTAS (alias LILOY MORO), BERNABE SARUEDA, and MARIANO SAYSON, defendants-appellants.
FACTS
Arsenio Cabilis, a merchant, went to Bolinsong, Misamis Occidental, to collect debts. He had a prior conflict with Felix Azcona, who had lost an arm after being shot by Cabilis. Azcona, holding a grudge, conspired with his employees/tenants to kill Cabilis. Despite a Constabulary warning and escort offer, Cabilis traveled to Tiaman on January 14, 1933. While crossing a log bridge, Marcelo Lumantas, hiding behind a stump, shot Cabilis with a shotgun, causing fatal wounds. Azcona then approached and ordered his men to ensure Cabilis was dead. Gregorio Cebedo struck Cabilis’s neck with a bolo, and Bartolome Lara cut his legs with a scythe. Azcona also ordered the killing of Cabilis’s companion, Luis Amado (the eyewitness), but the group fled when Azcona feared Constabulary arrival. The accused were arrested and convicted of murder by the trial court.
ISSUE
Whether the trial court correctly convicted the appellants for the murder of Arsenio Cabilis and properly classified their criminal liability.
RULING
The Supreme Court modified the trial court’s judgment. It affirmed the conviction for murder, qualified by evident premeditation and aggravated by alevosia. Marcelo Lumantas was found guilty as a principal by direct participation. Felix Azcona was found guilty as a principal by induction. Bartolome Lara and Gregorio Cebedo were held liable only as accomplices, not principals, as their acts (bolo and scythe blows) did not materially contribute to death since Cabilis was already dying, but they obeyed Azcona’s commands to consummate the crime. They were sentenced to an indeterminate penalty of 6 to 12 years and 1 day. Simeon Hernan, Bernabe Sarueda, and Mariano Sayson were absolved due to insufficient evidence of criminal complicity. The death penalty for Azcona was not imposed due to a division in the Court; he and Lumantas were sentenced to reclusion perpetua. The indemnity to heirs was affirmed, with subsidiary liability for Lara and Cebedo.
AI Generated by Armztrong.