G.R. No. L-1914; April 29, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO LINCUNA and BORNEO LINCUNA, defendants-appellants.

FACTS

On April 9, 1947, Sgt. Luis Salino arrested Borneo Lincuna for serenading without a license. The following evening, Sgt. Salino and another policeman, Honorato Moselina, were confronted by Borneo’s relatives, Agustin and Rosario Lincuna, at their house. An altercation ensued where Rosario attacked Moselina and Salino with a bolo. Borneo emerged and stabbed Salino from behind. As Salino fled, he was pursued and stabbed in the back by Borneo’s father, Pedro Lincuna, causing Salino’s death. Rosario surrendered, while Pedro and Borneo were arrested. Pedro and Borneo initially gave sworn confessions and pleaded guilty during the preliminary investigation but later repudiated their confessions and presented an alibi at trial. The trial court convicted Pedro and Borneo of murder. They appealed.

ISSUE

Whether the crime committed by appellants Pedro Lincuna and Borneo Lincuna is murder or homicide.

RULING

The Supreme Court modified the judgment. The crime committed is homicide, not murder. While the appellants participated in the killing of Sgt. Salino, the evidence did not clearly establish the qualifying circumstance of treachery. The appellants are therefore guilty of homicide without any aggravating or mitigating circumstances. They were sentenced to an indeterminate penalty of 8 years and 1 day of prision mayor to 17 years and 4 months of reclusion temporal, plus indemnity and costs.

AI Generated by Armztrong.