GR L 5746; (November, 1955) (Digest)
G.R. No. L-5746 November 29, 1955
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUAN JUMAUAN alias JUANCHO JUMAUAN, defendant-appellant.
FACTS
The deceased, Antonio Parreno, was a truck owner-driver. On September 27, 1951, a woman passenger left a bundle of rattan under the driver’s seat. Informed that appellant Juan Jumauan took it, Parreno, accompanied by his conductor and helper, went to appellant’s house that evening to confront him. Parreno went inside the house, asked appellant in his wife’s presence why he took the rattan, and admonished him to return it. After an exchange where appellant defiantly asked what would happen if he did not return it, Parreno stood to leave. As Parreno stepped onto the balcony, appellant, who had followed unnoticed, snatched a bolo from the rafter and struck him in the back of the neck. As Parreno staggered, appellant delivered another blow to his face. Parreno’s companions, who witnessed the attack through the open door, ran for help. Parreno was found dead with 13 wounds, one on the back of the neck being mortal. Appellant and his family had fled. The defense, through appellant’s wife’s testimony, claimed Parreno was the aggressor, hitting appellant first with a flashlight, and appellant acted in self-defense. Appellant did not testify.
ISSUE
Whether the trial court correctly convicted appellant of murder.
RULING
Yes, the conviction for murder is affirmed but modified regarding the penalty. The killing was qualified by treachery because the first mortal blow was delivered suddenly from behind while the victim was leaving and unaware of the attack. The claim of self-defense failed because appellant did not testify, and his wife’s testimony did not account for the 13 wounds inflicted on the deceased. The trial court erroneously ordered the wife’s testimony stricken but noted it was discredited by other evidence showing the flashlight was found intact. The aggravating circumstance of cruelty was incorrectly considered as there was no showing of deliberate intent to increase suffering. With the mitigating circumstance of voluntary surrender and no aggravating circumstance, the penalty is imposed in its minimum degree. Appellant is sentenced to an indeterminate penalty of 12 years of prision mayor to 17 years, 4 months, and 1 day of reclusion temporal. The judgment is affirmed with this modification.