G.R. No. 40935; March 26, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. APRONIANO DIAZ, defendant-appellant.

FACTS

The defendant, Aproniano Diaz, was convicted of homicide by the Court of First Instance of Leyte. The information alleged that on June 19, 1932, in Abuyog, Leyte, he attacked and killed Patricio Granados with a bolo, inflicting multiple wounds. The defendant appealed, claiming the trial court erred in finding him guilty and in appreciating the aggravating circumstance of cruelty. He invoked self-defense, but the evidence showed the victim was unarmed and the defendant sustained no injuries. The defendant’s own confession (Exhibit D) indicated a prior quarrel where the victim struck at him, but his trial testimony contradicted parts of this confession.

ISSUE

1. Whether the trial court erred in convicting the defendant.
2. Whether the aggravating circumstance of cruelty was correctly appreciated.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The plea of self-defense was rejected as the evidence clearly established the victim was unarmed and attacked from behind, and the defendant inflicted continued injuries after the victim was already mortally wounded. The aggravating circumstance of cruelty was present due to the manner of the attack. The Court applied the Indeterminate Sentence Law (Act No. 4103), fixing the minimum term at eight years of prision mayor and ordering an indemnity of P1,000 to the heirs of the deceased.

AI Generated by Armztrong.