GR 42370 71; (April, 1935) (Digest)
G.R. No. 42370 , 42371; April 26, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. CARIÑGAN, ATAG, NAJUDAIN, JASANI, ARIP, and LAKIBUL, defendants-appellants.
FACTS
A conflict arose over a young Moro girl, Nurijam, who was betrothed by her parents to Hatib Arip but wished to marry another man, Talikan. Nurijam sought refuge with Councilor Paradji. The next day, a group of about thirty men, including the appellants, armed with weapons, went to Paradji’s house. They demanded Talikan and Nurijam, and when Paradji came down to pacify them, the appellants Cariñgan, Atag, Najudain, and Jasani attacked and killed him. During the ensuing fight, Paradji’s father Gadjali was also killed, while two of the attackers, Hatib Arip and Jamsuri, were killed by Paradji’s brother, Jumlai. In the same encounter, the appellants Arip, Jasani, and Lakibul inflicted physical injuries upon Ibnu and Sahijan, relatives of Paradji.
ISSUE
1. Whether the trial court erred in its factual findings and in not appreciating the defense of incomplete self-defense.
2. Whether the penalties and indemnities imposed were correct.
RULING
The Supreme Court affirmed the trial court’s factual findings and rejected the appellants’ defenses, including alibi and denial. The evidence established a conspiracy among the attackers, making each liable for the acts of the others.
1. In G.R. No. 42370 (for homicide), the appellants Cariñgan, Atag, Najudain, and Jasani were correctly convicted of homicide. The penalty was affirmed, but the indemnity to Paradji’s heirs was increased from P500 to P1,000.
2. In G.R. No. 42371 (for physical injuries), the appellants Arip, Jasani, and Lakibul were correctly convicted of less serious physical injuries (not frustrated homicide). The penalty was modified to four months of arresto mayor, and they were ordered to indemnify the victims Ibnu (P26) and Sahijan (P3.94).
The appealed judgment was modified accordingly.
AI Generated by Armztrong.
