G.R. No. L-5841 and L-5842; January 29, 1954
The People of the Philippines, plaintiff-appellee, vs. Juan Cuaresma, Ernesto Domingo, Felipe Domingo, Alvaro Urmanita, and Damaso Domingo, defendants-appellants.

FACTS

At about midnight of June 17, 1949, appellants Ernesto Domingo, Damaso Domingo, Felipe Domingo, Alvaro Urmanita, and Jose Cuaresma went to the house of Hilario Salud in barrio Calapangan, Gattaran, Cagayan, and demanded money from him. When Hilario Salud could not or would not comply, they attacked him with bolos. His son, Bernardo Salud, who tried to defend him, was also attacked. Hilario Salud died the next day after giving an ante mortem statement naming his assailants. Bernardo Salud survived serious wounds, which would have been fatal without treatment. The appellants admitted being at the house but denied the robbery, claiming they were there to ask for the hand of Hilario’s daughter, Paula, who was allegedly engaged to Ernesto Domingo. They stated they left early except Ernesto, who stayed. Ernesto testified that he was attacked by Bernardo and other family members, leading to a fight during which he managed to escape. The trial court rejected this defense version, noting Paula’s testimony that she was not in Gattaran that night, was not engaged to Ernesto, and that the alleged engagement ring did not fit her and bore another’s name.

ISSUE

Whether the appellants are guilty of the crimes charged, specifically murder and frustrated homicide, and what are the proper penalties and liabilities.

RULING

The Supreme Court modified the trial court’s judgment. It agreed with the Solicitor General that only Ernesto Domingo and Damaso Domingo were clearly proven to have gone up the house and participated in the crimes. The killing of Hilario Salud constituted only homicide, not murder, due to the absence of qualifying circumstances. The crimes were aggravated by dwelling and nighttime. Appellants Jose Cuaresma, Alvaro Urmanita, and Felipe Domingo were acquitted. Damaso Domingo was declared guilty of homicide in G.R. No. L-5841 and frustrated homicide in G.R. No. L-5842. Considering the aggravating circumstances of dwelling and nighttime without any mitigating circumstance, he was sentenced to indeterminate penalties of 10 years and 1 day of prision mayor to 17 years, 4 months, and 1 day of reclusion temporal for homicide, and 4 years, 2 months and 1 day of prision correccional to 10 years and 1 day of prision mayor for frustrated homicide, in addition to indemnity and proportionate costs. (Note: Ernesto Domingo’s appeal was withdrawn, so the ruling pertains to the remaining four appellants, with only Damaso Domingo ultimately convicted).