G.R. No. L-3731; April 20, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINGO DEGUIA, FLORENTINO DEGUIA, and FRANCISCO DEGUIA, defendants-appellants.

FACTS

On the morning of June 4, 1949, in sitio Binog, barrio Makiwalo, Mondragon, Samar, Francisco Deguia passed near the house of Jesus Ogalisco riding a carabao drawing a sled containing two jack fruits. Jesus accused Francisco of stealing the fruits from his tree, took them from the sled, and brought them into his house. Francisco went home and reported the incident to his father Domingo and brother Florentino. About two hours later, Domingo, Florentino, and Francisco, each armed with a bolo and a bamboo spear, went to Jesus’s house. Domingo demanded Jesus come down, threatening to kill every family member if he refused. The three then deployed around the house and thrust their spears through the sidings. To protect his family, Jesus went down armed with his bolo. The three immediately surrounded and attacked him: Domingo boloed him on the head, Francisco speared his right arm, and Florentino stabbed him in the back. Jesus managed to wound Domingo on the face but, overwhelmed, tried to flee and fell dead about seventeen meters away. His wife Petra witnessed the attack and was threatened by Florentino. The appellants’ mother, Gregoria Toltol, arrived and urged them to kill the entire family, but they desisted. The attack was witnessed by Petra Liwanag and two nephews of Jesus, Juanito Barcelon and Agapito Taroma. After the killing, Domingo discovered the nephews and chased them away. Later that afternoon, Domingo, weak from his wound and accompanied by his sons, reported the killing to the barrio lieutenant. Jesus sustained 20 wounds, four of which were mortal. The three defendants were charged with murder, found guilty by the trial court, and sentenced each to life imprisonment.

ISSUE

Whether the trial court correctly convicted the appellants of murder and properly appreciated the attendant circumstances in the killing of Jesus Ogalisco.

RULING

The Supreme Court affirmed the conviction for murder but modified the penalties. The killing was qualified by superior strength. The Court rejected the defense of alibi by Florentino and Francisco and Domingo’s claim of self-defense, finding the prosecution witnesses credible. The Court appreciated the mitigating circumstance of provocation in favor of all three appellants, as Jesus’s act of accusing Francisco of theft and summarily taking the fruits was an insult. For Domingo, the additional mitigating circumstance of voluntary surrender was appreciated. With no aggravating circumstances to offset these, the penalties were reduced accordingly. Florentino and Francisco Deguia were each sentenced to an indeterminate penalty of 14 years and 8 months to 20 years of reclusion temporal. Domingo Deguia was sentenced to an indeterminate penalty of 10 years of prision mayor to 17 years and 4 months of reclusion temporal. The indemnity was increased from P2,000 to P6,000.