GR L 1803; (July, 1949) (Digest)
G.R. No. L-1803; July 5, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MOISES ACOSTA, defendant-appellant.
FACTS
On December 20, 1944, in Tagudin, Ilocos Sur, appellant Moises Acosta, a drunk guerrilla homeguard, went to the house of Petra Aguilan after hearing an argument. Upon arrival, he demanded to know who was complaining and threatened to kill. As Petra Aguilan descended the stairs to answer, Acosta immediately stabbed her in the abdomen with a bolo. She was brought to a nearby doctor and later back to her house. Before she died, she clearly identified Acosta as her assailant in a dying declaration, which was witnessed by the doctor, her son Narciso, and her daughter-in-law. Acosta denied the accusation, claiming the victim’s son Narciso was responsible during a struggle over the bolo.
ISSUE
Whether the trial court erred in convicting appellant Acosta of murder.
RULING
The Supreme Court modified the trial court’s judgment. The felony committed was homicide, not murder, as the qualifying circumstance of abuse of superior strength was not properly alleged nor proven. The mitigating circumstance of intoxication was offset by the aggravating circumstance of disrespect of age and sex. Appellant Moises Acosta was found guilty of homicide and sentenced to an indeterminate penalty of 10 years of prision mayor to 17 years of reclusion temporal, with indemnity to the heirs of the deceased and payment of costs.
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