ManilaFIRST
DIVISION
THE
UNITED STATES,
Complainant-Appellee,
G.
R.
No. 299
October
29, 1901
-versus-
JULIAN
BERTUCIO,
ET AL.,
Defendants-Appellants.
D
E C I S I
O N
TORRES,
J:
It appears from the record
that on the night of March 24, 1897, in the town of Lumban, near Pila,
a quarrel broke out between Geronimo Linac and Julian Bertucio. the
cause
of the quarrel was the refusal of Linac to work for Bertucio in order
to
pay off a dollar which he owed the latter, as he had been requested to
do. In the course of the quarrel Bertucio seriously wounded Linac on
the
right wrist with a bolo. Bernabe Gasapangra, taking part in the affray
in aid of Linac, attacked Bertucio in turn and inflicted three bolo
wounds
upon the latter's head. these wounds were healed with medical
assistance
in ten days and left no ill results. Geronimo Linac died on the night
of
the day following the occurrence as the result of a hemorrhage from the
wound in his wrist.
When Bernabe Gasapangra
was found by the police in a cane field, where he hid himself after the
occurrence, he attempted to escape and refused to surrender when called
upon to do so. In order to prevent his escape and owing to the fact
that
he was armed with a bolo, some of the arresting party were forced to
throw
stones at him and employ violence as a result of which he received
several
wounds of lesser gravity, which healed in the course of some twelve
days
without causing any permanent injury.
The facts proved in
the present case constitute two crimes — one of homicide committed upon
the person of Geronimo Linac, included in the terms of Article 404 of
the
Penal Code; the other, that of an assault of lesser gravity upon Julian
Bertucio, prohibited and penalized in Article 418 of the said Code. In
the crime of homicide there appear none of the specific qualifying
circumstances
enumerated in Articles 402 and 403 of said Penal Code to be considered.
The guilt of the
defendant
Bertucio of this crime of homicide has been conclusively established by
the evidence. His exculpative allegations can not be admitted on
account
of the lack of proof and because of the self-contradictory character of
his statements. Furthermore, the fact is proven that he was the only
person
who had a disagreement with the deceased. The accused himself stated
that
the deceased might have been the one who inflicted the wounds which he
had received upon the head. It is likewise a fact shown at the trial
that
the other defendant, Bernabe Gasapangra, is responsible for these
wounds
of the prisoner Bertucio, the former's guilt being likewise established
by conclusive evidence. Notwithstanding his denial and the
representations
he made to demonstrate his innocence, the case offers sufficient data
and
merits to fully convince the court that Bernabe Gasapangra attacked
Bertucio
after seeing the latter inflict a grave wound upon his relative,
Geronimo
Linac, and that he then hid himself in a canebrake, where it was
necessary
for the authorities to use force and violence in order to apprehend him.
With reference to the
commission of the homicide there must be considered the presence of the
extenuating circumstance, No. 3 of Article 9 of the Code, in that the
aggressor
Bertucio confined himself to the giving of a single blow of his bolo
upon
the right arm of the injured party and that he did not repeat this blow
- thus showing that he had no intention of occasioning an injury as
grave
and irreparable as the death of Linac. Although the latter died on the
night of the succeeding day, this was due to neglect and the lack of
medical
treatment, his death having resulted from a hemorrhage which they did
not
know how to stop or control in time. This circumstance, as well as the
established in article 11 of the Code, deemed very applicable in the
present
case, determine that there should be imposed upon the culprit the
penalty
next lower in grade to that designated for the crime in Article 404,
there
being no aggravating circumstance to consider which might neutralize
the
effect.
With reference to the
crime of assault of lesser gravity [lesiones menos graves], the
presence of the mitigating circumstance established in Article 11 must
be considered, as well as that of No. 24 of Article 10 of the Code,
since
the defendant Gasapangra in committing the offense made use of a weapon
of a kind prohibited by the prevailing laws.
As for the assault
of lesser gravity committed upon Gasapangra by the authorities,
inasmuch
as the latter acted in the performance of their duties and in the
legitimate
exercise of their authority they are exempt from criminal
responsibility
and must be acquitted.
For the reasons stated,
Julian Bertucio should be condemned to eight years and one day of
prision
mayor, together with the subsidiary penalties designated in Article 61
of the Code and to the payment of the one-third part of the costs in
both
instances, without judgment of money indemnity by reason of the express
waiver of the heirs of the deceased; and Bernabe Gasapangra as the
perpetrator
of the assault should be condemned to two months and one day of arresto
mayor, together with the payment of an indemnity of 50 pesetas to
Julian
Bertucio and in case of insolvency to the corresponding subsidiary
imprisonment
and to the payment of another third part of the costs, computing in the
principal penalty and in the subsidiary imprisonment one-half of the
time
spent in provisional imprisonment; and the charge of assault of lesser
gravity inflicted upon Gasapangra should be absolutely dismissed with
the
remaining third part of the costs de oficio; the bolos used should be
confiscated
and the order declaring the insolvency of the parties made in the
incidental
proceeding of attachment should be approved.
In these terms, the
present cause should be decided, affirming the judgment appealed from
in
so far as the same agrees with this decision and reversing it in so far
as it conflicts therewith. It is so ordered.
Arellano, C.J.,
Cooper, Willard, Mapa and Ladd, JJ., concur. |