GR L 13222; (April, 1960) (Digest)
G.R. No. L-13222; April 27, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AQUILINO ARAGON and RAMON LOPEZ, defendants-appellants.
FACTS
On January 12, 1956, appellants Aquilino Aragon and Ramon Lopez, students between 17 and 18 years old at the Masbate National Agricultural School, clubbed and hammered to death their Acting Principal Teacher, Gabino G. Buhay, 55. The wounds caused his death. The accused surrendered to Policeman Felixberto Laguerta, admitting they killed Buhay because he kicked them while they were sleeping in their cottage. At trial, both appellants testified that Buhay violently kicked Aragon, pushed him against a wall, and then kicked Lopez. Lopez picked up a piece of wood to hit Buhay, but Buhay grabbed it. Aragon then struck Buhay on the head with a hammer, and Lopez beat Buhay twice with the wood, knocking him down. The prosecution’s evidence, from witness Nilo Vargas and teacher Pedro Panganiban, only established that there was a “fight” or quarrel between the parties. The trial judge discounted the defense’s story, inferred premeditation and treachery, and convicted them of murder. However, an affidavit by Silvestre Legal suggesting a prior plan to kill Buhay was not introduced in evidence, and Legal did not ratify it on the stand.
ISSUE
Whether the appellants are guilty of murder or homicide.
RULING
The Supreme Court found the appellants guilty only of homicide, not murder. The Court found the appellants’ version plausible, noting the deceased was known to physically chastise students and the appellants were playing truant. The Solicitor-General’s brief also stated the assault was “spontaneous and done on the spur of the moment.” Therefore, the elements of premeditation and treachery for murder were not proven. However, they could not claim self-defense as the kicks were a disciplinary measure and did not endanger their lives. Considering two mitigating circumstances (voluntary surrender and provocation) and one aggravating circumstance (resulting insult on account of the victim’s rank as principal), and applying the provisions for minority under the Revised Penal Code, the proper penalty is prision mayor in its minimum period. Applying the Indeterminate Sentence Law, the appellants are sentenced to imprisonment for not less than three years of prision correccional nor more than eight years of prision mayor. The appealed judgment is modified as to the personal penalty and affirmed in all other respects.