GR 43431; (October, 1935) (Digest)
G.R. No. 43431 ; October 8, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. VICENTE IRIS, ET AL., defendants. EMILIO BALANZA (alias AJELIO BALANZA) and EULOGIO PERALTA, appellants.
FACTS
Appellants Emilio Balanza and Eulogio Peralta were convicted of homicide for the killing of the deceased during a party. The prosecution’s witnesses testified that Peralta held the deceased from behind, and Balanza then stabbed him in the abdomen with a bolo, inflicting a fatal wound. The defense presented a different version, claiming the deceased initiated the aggression. The trial court found no conspiracy, holding each accused acted independently while drunk.
ISSUE
Whether the appellants are guilty of homicide, and if so, what are the proper penalties and circumstances.
RULING
The Supreme Court modified the trial court’s decision. It acquitted Eulogio Peralta, as the evidence did not prove beyond reasonable doubt that he acted with knowledge of Balanza’s homicidal intent; he may have been restraining the deceased in good faith. The Court affirmed the conviction of Emilio Balanza for homicide. It appreciated the extenuating circumstance of drunkenness (non-habitual) but rejected the circumstance of lack of intent to commit so grave a wrong, as stabbing the abdomen with a bolo naturally produces fatal results. Balanza’s penalty was set at six years and one day of prision mayor to twelve years and one day of reclusion temporal. Costs were divided accordingly.
AI Generated by Armztrong.
