Case Digest (G.R. No. 31070)
Facts:
The People of the Philippine Islands v. Charles E. T. Wade, G.R. No. 31070, August 08, 1929, the Supreme Court En Banc, Street, J., writing for the Court. The plaintiff-appellee was The People of the Philippine Islands; the defendant-appellant was Charles E. T. Wade.
On the afternoon of April 3, 1928, several persons—mostly American citizens (white and of African descent)—were assembled at a drinking place (tienda) maintained by Ariston Tijero in the poblacion of Momungan, Province of Lanao. Wade, described as colored, arrived by automobile with Peter Martisen and two Moros; among those present were Edgar C. Choate (the eventual deceased), Jere Barbour, and C. C. Andrews. Wade ordered drinks though he did not himself drink; merriment and dancing followed. During the merriment Choate punched one of Wade’s Moro companions; Choate apologized and the incident appeared to end for all present except Wade.
About a half hour later Wade rose and went out; Choate followed shortly and, as he passed out of the door and lit a cigarette, Wade confronted him, drew a revolver and fired, inflicting a fatal wound in the breast or abdomen. Witnesses—Jere Barbour (inside, with view of the door), Teodulo Janaw (on the street), and Lt. B. J. Tumilde (Constabulary, who arrived soon after)—testified to seeing Wade draw and fire. Andrews followed Wade after the shot and secured his revolver; Andrews reported Wade’s admission that Choate “is bigger than I am; he darted at me and struck me, and I used my weapon.” Choate fell and was found near the door, still holding a cigarette and a match.
Wade gave a signed statement on April 4, 1928 (Exhibit C) saying Choate had struck and followed him, that he cocked and pointed his revolver and that Choate made a rush at him so he fired, “altho I did not think of doing it.” At trial Wade introduced testimony (including his own and that of Taylor) asserting the shot was accidental—claiming the two men scuffled and the pistol discharged accidentally. The trial court (Court of First Instance of the Province of Lanao) found Wade guilty of homicide and sentenced him to fourteen years and one day, cadena temporal, ordered indemnity of P1,000 to the heirs, and costs.
Wade appealed to the Supreme Court to reverse the conviction. The Supreme Court reviewed the evidence, agreed with the trial court’s rejection of the accidental-shooting claim as an afterthought, found the offense to be homicide under Article 404 of the Penal Code, altered ...(Subscriber-Only)
Issues:
- Was the killing of Edgar C. Choate by Charles E. T. Wade properly characterized as homicide under Article 404 of the Penal Code?
- Was the shooter’s contention that the killing was accidental or justified (self-defense) credible and sufficient to exonerate or mitigate liability?
- Was the penalty imposed by the trial court correct, or should the term and classific...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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