G.R. No. L-4215-16; April 17, 1953
The People of the Philippines, plaintiff-appellee, vs. Leonardo Dosal, defendant-appellant.

FACTS

Prior to June 16, 1950, Purificacion Dosal lived with her sister and brother-in-law, Gregorio Gososo. On June 16, she went to live with her brother, appellant Leonardo Dosal, alleging Gososo had abused her. Three days later, Dosal confronted and punched Gososo during a fiesta. On July 4, Benito Fernandez, Gososo’s uncle, threatened to beat up Dosal upon meeting him. Dosal was warned by his aunt and advised by his brother-in-law to avoid Fernandez. Despite these warnings, on July 5, Dosal went to Bagacay. In the afternoon, as Dosal and Fernandez met on the street, Dosal suddenly pulled out a bolo and thrust it into Fernandez’s left side, the blade penetrating completely. Fernandez ran, and Dosal chased and struck him in the back, killing him. Rural policeman Gregorio Mia, wearing a badge, approached Dosal at the scene, identified himself as an authority, and demanded Dosal drop his bolo. Dosal refused, stating he recognized no authority as he was “a suicide,” and attacked Mia, wounding him. Another rural policeman, Igmidio Apostol, intervened, and Dosal also thrust at him. Apostol struck Dosal’s hand, causing the bolo to drop. Dosal fled, later surrendering to the Constabulary. He was charged with frustrated homicide (for wounding Mia) and murder (for killing Fernandez).

ISSUE

1. Whether the killing of Benito Fernandez constitutes murder qualified by treachery and evident premeditation.
2. Whether the wounding of Gregorio Mia constitutes frustrated homicide with the aggravating circumstance of assault upon an agent of a person in authority.
3. The proper penalties and indemnity to be imposed.

RULING

1. Yes. The killing of Fernandez was murder qualified by treachery, as the sudden attack without warning rendered the victim unarmed and unprepared. Evident premeditation was also present, as Dosal conceived the idea in the morning, made preparations, and sought out Fernandez later that day. This aggravating circumstance was compensated by the mitigating circumstance of surrender to the authorities.
2. Yes. The wounding of Mia constituted frustrated homicide. It was aggravated by assault upon an agent of a person in authority, as Mia was a duly appointed rural policeman wearing a badge and had identified himself as such to Dosal. The penalty for frustrated homicide should thus be imposed in its maximum degree.
3. The decision of the trial court is modified. For the murder of Fernandez, the penalty of reclusion perpetua is affirmed, and the indemnity to the heirs is increased to P6,000. For the frustrated homicide of Mia, the penalty is set at an indeterminate sentence of not less than four years, nine months, and eleven days of prision correccional and not more than ten years, eight months, and one day of prision mayor. The appealed decision is affirmed with these modifications.