G.R. No. L-1908 December 17, 1948
People of the Philippines vs. Vivencio Celespara

FACTS

The accused, Vivencio Celespara, was charged with the murder of Catalina Cantong. On the evening of October 2, 1942, while Catalina was having supper with her siblings in their house, the accused, then a member of a guerrilla unit, created an opening in the nipa wall of the house and shot her through it, causing her immediate death. Prosecution witnesses testified that the accused had a motive, as he was later shown to have been involved with the wife of the victim’s brother, Sotero Cantong. The defense claimed the accused was part of an operation to attack Japanese soldiers reportedly drinking in the victim’s house, but the court found the evidence insufficient to support this claim or to justify the killing.

ISSUE

Whether the accused is guilty of murder and what penalty should be imposed, considering his age at the time of the crime and the presence of aggravating or mitigating circumstances.

RULING

The Supreme Court affirmed the conviction for murder, qualified by treachery. The Court rejected the prosecution’s claim of the aggravating circumstances of nocturnity and dwelling, as there was no evidence that the accused deliberately used the cover of night or that the house was the victim’s dwelling. The Court found that the accused was between 15 and 16 years old at the time of the crime, which constitutes a mitigating circumstance of minority under Article 68 of the Revised Penal Code. However, he was not entitled to the benefits of Article 80 (suspension of sentence for a minor) because he was already of age at the time of trial and his subsequent conduct—living in adultery with the wife of the victim’s brother—disqualified him from such privileged treatment. The penalty was modified to an indeterminate sentence of 10 years and 1 day of prision mayor to 17 years, 4 months, and 1 day of reclusion temporal. The accused was also ordered to pay indemnity to the heirs of the deceased.

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