G.R. No. L-1338, November 7, 1903
THE UNITED STATES, complainant-appellee, vs. JULIAN SANTOS, ET AL., defendants-appellants.

FACTS:
In October 1902, defendant Julian Santos commanded a band of Katipunan soldiers operating in Rizal and Bulacan. His soldiers captured Tomas Testa, the president of Meycauayan, and his brother Francisco Testa. After three days of confinement, the brothers were taken to a place called Caiñgin. There, defendants Alejo Ceneta and Santiago Juan executed the Testa brothers in the presence and by the order of Santos, who provided the dagger used by Santiago Juan to kill Tomas. The victims were bound at the time of their killing.

ISSUE:
Whether the qualifying and aggravating circumstances of alevosia (treachery) and known premeditation were correctly appreciated against the defendants.

RULING:
The Supreme Court affirmed the conviction for the crime of asesinato (murder) for all defendants. The circumstance of alevosia was present as the victims were bound during the execution, qualifying the killings as murder.

Regarding aggravating circumstances:
1. For Julian Santos, the leader who ordered the killings, the aggravating circumstance of known premeditation was present. The Court applied Article 79 of the Penal Code, which states that circumstances relating to the moral disposition of the delinquent affect only those who possess them. As the commander, Santos’s premeditation was personal to him. His death sentence was confirmed.
2. For Alejo Ceneta, a private soldier in the band, the circumstance of known premeditation was not present. Applying the same article, the Court found that as a subordinate under strict military orders, he had no control over the fate of the victims and could not have known of the decision to kill them until the moment of execution. His sentence was modified to life imprisonment (cadena perpetua), with no aggravating or extenuating circumstances.