GR L 5109; (July, 1909) (Digest)
G.R. No. L‑5109
THE UNITED STATES, plaintiff‑appellee, vs. PEDRO BARBICHO, defendant‑appellant
En Banc July 31, 1909
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FACTS
– On a Tuesday of Holy Week, a quarrel occurred between Pedro Barbicho’s father and Gaudencio, an uncle of Mateo Barbicho.
– Pedro, angered by the insult to his father, announced his intent to kill Gaudencio. Mateo’s wife, Eulalia Cabalona, warned against it; Mateo later hinted at retaliation.
– On Good Friday, April 17, 1908, Pedro entered the house of Mateo and Eulalia, carrying a dagger (barao). Despite a friendly greeting, Mateo warned him not to bear a weapon during Holy Week.
– Later that night, while the household slept, Pedro attacked the sleeping Mateo, inflicting a mortal abdominal wound. Mateo died a few hours later.
– The crime was reported the following morning; a complaint for murder (with pre‑meditation, treachery, and in the dwelling) was filed on 11 Nov 1908.
– The trial court sentenced Pedro to life imprisonment, a ₱1,000 indemnity to the heirs, and costs. Pedro appealed, contesting the conviction and the penalty, asserting he was under 18 at the time of the offense.
ISSUE
1. Whether the facts constitute murder under Art. 403 of the Penal Code, given the presence of pre‑meditation, treachery, and commission in the victim’s dwelling.
2. What penalty is appropriate, considering the alleged minority of the offender and the applicable mitigating and aggravating circumstances.
RULING
– Murder: The Court held that the prosecution proved all elements of murder. Pedro entered the house with a deadly weapon, lay asleep beside the victim, and, exploiting the victim’s vulnerability while asleep, executed a treacherous attack that resulted in a mortal wound. The presence of premeditation and treachery qualified the homicide as murder under Art. 403.
– Penalty: Assuming Pedro was still under 18 (no proof of majority), the mitigating circumstance of minority under Art. 9(2) applies, reducing the penalty to the next inferior sanction. Applying Art. 85(2) and accounting for the unmitigated aggravating circumstance (premeditation), the Court affirmed a sentence of seventeen (17) years of cadena temporal, the maximum degree for the applicable penalty, together with accessory penalties (Art. 56), a ₱1,000 indemnity to the widow and heirs, and costs of both instances.
Disposition: The judgment of the Court of First Instance is AFFIRMED in accordance with the foregoing.
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Concurrence: Justices Arellano, Johnson, Carson, and Moreland.