GR 40774; (April, 1934) (Digest)
G.R. No. 40774 ; April 18, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. SEBASTIAN E. IMAJAN, defendant-appellant.
FACTS
The accused, Sebastian Imajan, a prisoner serving final sentences for murder and less serious physical injuries, was charged with murder for stabbing and killing a fellow prisoner, Moro Ussam, with a chisel inside Bilibid Prisons. After initially pleading guilty, his plea was changed to not guilty. At trial, prosecution eyewitness Ignacio Panlillo testified that the accused attacked Ussam without provocation while Ussam’s back was turned. Another prosecution eyewitness, Bernardo Adriano, testified he saw the accused and Ussam in a hand-to-hand fight, with the accused armed with the chisel. The accused claimed self-defense, testifying that Ussam grabbed the chisel and attempted to attack him first, leading to a struggle.
ISSUE
Whether the crime committed is murder, qualified by treachery, or homicide.
RULING
The Court, in a divided vote, modified the judgment. The majority found treachery present based on Panlillo’s testimony, qualifying the crime as murder. However, applying the provisions of Act No. 4023 (requiring a vote for affirmance of a death penalty), and considering the dissent which held that treachery was not proven beyond reasonable doubt due to the conflicting testimony of Adriano and the accused, the death penalty was reduced. The accused is found guilty of murder but is sentenced to reclusion perpetua, the penalty next lower to death, with the application of Article 160 of the Revised Penal Code (penalty for a crime committed by a prisoner serving final sentence to be imposed in its maximum period). He is also ordered to indemnify the heirs of the deceased.
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