G.R. No. L-7265, February 12, 1912
THE UNITED STATES, plaintiff-appellee, vs. COSME JUARES, ET AL., defendants-appellants.

FACTS

During a fiesta in Cebu, Saturnino Laas, who was intoxicated and unruly, was reprimanded by the barrio teniente. Later, Laas had an altercation with Cosme Juares (a teniente of another barrio) over a club. Cosme called for help from his relatives and subordinates (the appellants). A disturbance ensued, and Laas filed a complaint. While the teniente was taking Laas and another for investigation, appellant Juan Caramugan returned armed with a pinuti and approached Laas threateningly. Laas broke free and fled, pursued by appellants Mariano Empalmado, Fernando Juares, Crispin Juares, Pedro Juares, and Valentin Juaressome armed, others throwing stones. Laas was found dead the next day with multiple wounds. Caramugan did not join the pursuit. The trial court convicted all five appellants of homicide.

ISSUE

1. Whether Juan Caramugan is criminally liable for homicide despite not participating in the pursuit that led to Laas’s death.
2. Whether the penalties imposed on the appellants are correct, considering mitigating circumstances.

RULING

1. As to Juan Caramugan: The Supreme Court acquitted him. The record showed no conspiracy to kill Laas before the pursuit, and Caramugan had no reason to anticipate that the pursuers would kill Laas. His threatening attitude earlier did not establish direct participation or conspiracy in the homicide.
2. As to the other appellants (Fernando Juares, Crispin Juares, Pedro Juares, and Mariano Empalmado): The Court affirmed their conviction. They were part of the group that pursued and killed Laas. No aggravating circumstances were present, but the following mitigating circumstances applied: (a) Article 11 of the Penal Code (lack of instruction); (b) the provocation by the deceased; and (c) for some, acting under orders of a superior (though this did not justify the killing). They were each sentenced to 12 years and 1 day of reclusión temporal, with joint liability for indemnity.
3. As to Valentin Juares: The Court modified his penalty. Being under 18 but over 15, under Article 85 of the Penal Code, the penalty next lower (prisión mayor) in its minimum degree should apply. His sentence was changed from 2 years 4 months and 1 day of prisión correccional to 6 years and 1 day of prisión mayor.

The decision was concurred in by the full Court.