GR L 5292; (August, 1909) (Digest)
G.R. No. L‑5292
FACTS
– On 19 January 1909, in Cotabato (Moro Province), Juan Igual, a Spaniard, was stabbed from behind with a kris while seated in a store doorway.
– Immediately thereafter, the accused, Moro Manalinde, attacked a Chinese passer‑by, Choa, who had just set down his load and was about to enter the same store, cutting his left shoulder. Choa died within an hour; Igual’s condition was not recorded.
– Manalinde, who had concealed his weapon in banana leaves, fled the town after the attacks.
– He was arrested, confessed that he acted on the orders of Datto Rajamudah Mupuck, who promised a “pretty woman” if Manalinde succeeded in killing a target in Cotabato. The accused admitted no personal grievance with the victims.
– The provincial fiscal charged Manalinde with murder. The trial court sentenced him to death, ordered indemnity of ₱1,000 to the victim’s heirs, and assessed costs.
ISSUE
Whether Manalinde’s acts constitute murder under Article 403 of the Philippine Penal Code, and whether the qualifying circumstances of treachery (alevosia), pre‑meditation, and promise of reward justify the death penalty.
RULING
– The Court affirmed that the killing of Choa was murder: the attack was sudden, unexpected, and executed with treachery, satisfying the qualifying circumstance under Article 403.
– Although Manalinde claimed he acted under the Datto’s orders, the Court held that obedience to a private “juramentado” command does not exculpate him; the act remained a voluntary criminal offense.
– The presence of premeditation (planned journey, concealed weapon) and promise of reward (offer of a woman) were recognized as aggravating circumstances under Article 10, paragraphs 3 and 7, further warranting the maximum penalty.
– No mitigating circumstances were found. Consequently, the trial court’s judgmentdeath penalty, indemnity, and costswas affirmed. The execution of the penalty shall comply with Acts Nos. 451 and 1577, and any future pardon will still impose accessory penalties under Article 53 of the Penal Code.
Thus, the conviction and death sentence of Moro Manalinde for murder are upheld.