GR L 15873; (March, 1920) (Digest)
G.R. No. L-15873; March 12, 1920
THE UNITED STATES, plaintiff-appellee, vs. PAULINO VALDEZ and BUENAVENTURA GAMIT, defendants. BUENAVENTURA GAMIT, appellant.
FACTS:
On April 7, 1919, during a marriage feast in Barrio Bantug, Victoria, Tarlac, an altercation occurred. The defendant Paulino Valdez insulted Hilarion Allarde, calling him a fool for being a witness against Valdez in a prior land case. Later, as Hilarion Allarde was leaving, he was followed by Paulino Valdez, Buenaventura Gamit, and others. At a certain place, Buenaventura Gamit held Hilarion Allarde fast from behind. While Hilarion was thus restrained, Paulino Valdez stabbed him in the abdomen with a knife. The incident was witnessed by Bernabe Mauricio and Evaristo Allarde, and was also confirmed by the dying declaration of the victim. An information for homicide was filed against both Valdez and Gamit. The trial court found both guilty and sentenced each to fourteen years, eight months, and one day of reclusion temporal, with indemnity and costs. Only Buenaventura Gamit appealed.
ISSUE:
Whether the act of Buenaventura Gamit in holding the victim from behind, thereby enabling Paulino Valdez to stab him, constitutes sufficient direct participation to hold him guilty as a co-principal in the crime.
RULING:
Yes. The Supreme Court affirmed Gamit’s conviction but modified the penalty. The act of holding the victim fast was not merely suggestive evidence but constituted an integral act and direct participation in the commission of the crime. This cooperation ensured the execution of the crime without risk to the aggressors from any defense by the victim, constituting treachery (alevosia). Since the information only charged homicide, treachery could not qualify the crime as murder but was properly considered as an aggravating circumstance. Consequently, the penalty was increased. The Court modified the judgment and sentenced Buenaventura Gamit to seventeen years, four months, and one day of reclusion temporal, with joint and several indemnity to the heirs of the deceased and payment of costs.