GR 46725; (September, 1939) (Digest)
G.R. No. 46725 ; September 29, 1939
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAXIMINO AQUINO, defendant-appellant.
FACTS
The accused, Maximino Aquino, was charged with murder for the killing of Juanito Galvez. The prosecution’s evidence established that Aquino, motivated by rivalry over a woman (Sagrario de la Cruz) and jealousy, lured the victim to a rice field at night. He attacked Galvez with a cane and then stabbed him in the throat, inflicting a fatal wound. The trial court convicted Aquino of the lesser crime of homicide, not murder, and sentenced him accordingly. Aquino appealed, arguing that the evidence for the prosecution was weak and that his co-accused (who was discharged to become a state witness) was the real perpetrator. He also contested the appreciation of the aggravating circumstance of nighttime.
ISSUE
1. Whether the guilt of the accused was proven beyond reasonable doubt.
2. Whether the aggravating circumstance of nighttime was correctly appreciated.
3. Whether the crime was properly qualified as homicide instead of murder.
RULING
The Supreme Court affirmed the conviction.
1. The guilt of the accused was proven beyond reasonable doubt. The testimony of the discharged co-accused was credible and corroborated by circumstantial evidence, including testimony from the woman they were rivals over and another witness to whom Aquino had earlier expressed his intent to kill the victim.
2. The aggravating circumstance of nighttime was correctly appreciated because the accused deliberately sought it to facilitate the commission of the crime. No mitigating circumstance was present to offset it.
3. The crime was correctly qualified as homicide, not murder. The elements of evident premeditation were not proven, as there was no evidence of sufficient time for the accused to reflect upon his plan. Treachery was also absent because the attack was made face-to-face, not in a manner that ensured the victim’s defenselessness.
The penalty imposed was in accordance with the law. The judgment of the trial court was affirmed.
AI Generated by Armztrong.