Case Digest (G.R. No. 1331)
Facts:
On March 10 of the same year, Isidoro Palad and Melecio Macalintal were charged in the Court of First Instance of Bulacan with murder for the killing of Saturnina Austria. The information alleged that on the night of September 12, 1902, Palad, assisted by Macalintal, cut off Saturnina’s ears and threw her into the river after believing her to be the witch responsible for the illness of Palad’s mother, who was also Macalintal’s mother-in-law; the victim later died after her head struck a rock.At trial, a medical inspector testified that Saturnina’s skull was fractured and both ears were cut off. Eyewitnesses stated that the accused plunged Saturnina into the river. The accused claimed they acted to compel Saturnina to cure the sick woman, and although the Court below convicted them of murder, it found and weighed mitigating and aggravating circumstances.
Issues:
- Whether the killing of Saturnina Austria qualified as murder or only homicide.
- Whether the accused were entitled to
Case Digest (G.R. No. 1331)
Facts:
- Filing of the information and accused
- On March 10 of the present year, the provincial fiscal filed an information in the Court of First Instance of Bulacan.
- The information charged Isidoro Palad and Melecio Macalintal with the crime of murder.
- The charge arose from acts allegedly committed on the night of September 12, 1902.
- The victim was Saturnina Austria, who was between fifty and fifty-five years of age.
- Alleged circumstances leading to the assault and death
- Maria Estevan, the mother of Isidoro Palad, fell sick.
- Isidoro Palad suspected his mother’s illness was due to being bewitched.
- Isidoro Palad struck his mother several blows and asked who the witch was.
- Maria Estevan replied that the witch’s name was Saturnina.
- After the reply, Isidoro Palad searched for Saturnina Austria in Sibul, in the town of San Miguel.
- Isidoro Palad allegedly found Saturnina Austria, forcibly dragged her from her house, and took her to Batong-Uling.
- The information alleged that, with criminal intent and deliberate cruelty, the two accused cut off Saturnina Austria’s two ears and threw her into the water.
- The information alleged that the accused deliberately and inhumanly augmented the sufferings of the victim.
- After kicking her on the head, the information alleged that the accused produced her death by causing her head to strike a rock.
- The information alleged that Isidoro Palad was aided by Melecio Macalintal in the acts.
- Medical examination and condition of the body
- During prosecution, Antonio Crespillo, the medical inspector of the town of San Miguel de Mayumo, conducted an examination of the body of the deceased.
- The examination occurred after Saturnina Austria had been buried for three days in a hole under a tree at Batong-Uling.
- Crespillo testified that he observed:
- A bruise on the frontal region extending to the temple, apparently produced by a violent blow with a heavy weapon, because the skull was fractured.
- Several bruises on the right cheek.
- That both ears had been cut off.
- Crespillo added that at the time of the examination decomposition had set in.
- Eyewitness testimony on the manner of killing and motive
- Andres Castro, Margarita Gumabun, and Julia de Jesus testified that one morning, when they passed by Batong-Uling, they saw the two accused plunge Saturnina Austria into the water of the river.
- The witnesses testified that the accused entirely submerged her, and that the deceased finally sank.
- Margarita Gumabun testified that the motive was that Saturnina Austria had bewitched Maria Estevan, the mother of Isidoro Palad.
- Theory adopted by the lower court and classification of the offense
- The violent death of Saturnina Austria was treated by the court below as constituting only the crime of homicide.
- The lower court reasoned that the aggressors, in illtreating and wounding as described, had no intention of killing Saturnina Austria.
- The lower court further reasoned that the aggressors did not deliberately and inhumanly propose to augment pain and suffering.
- The lower court found that the acts were performed under the false and erroneous belief that the sick woman’s illness was due to the malignant designs of the deceased and that the deceased willfully refused to cure her.
- The court below found that the purpose of the ill treatment was to compel Saturnina Austria to cure the sick woman and to break the spell of her witchcraft.
- For these reasons, the lower court held that it could not apply the specific qualifying circumstance of cruelty.
- Defenses and their substance
- The accused pleaded not guilty.
- The accused alleged that when Maria Estevan fell sick, she sent for Isidoro Palad, who was in the forest at the time.
- On Palad’s arrival, he allegedly heard his mother groaning and saying that Saturnina Austria was squeezing her throat.
- Isidoro Palad allegedly told his brother-in-law Macalintal to send for Saturnina Austria.
- After Saturnina Austria arrived, the accused alleged that they implored her to cure the patient suffering under the spell of her witchcraft.
- The accused alleged that Saturnina refused to cure the patient.
- The accused alleged that, in order to compel cure, Melecio Macalintal seized one of Saturnina’s ears in a pair of shears.
- The accused alleged that Macalintal told Saturnina to cure the patient.
- The accused alleged that, as Saturnina appeared indifferent and happened to move, her left ear was accidentally cut.
- The accused alleged that Isidoro Palad then conducted Saturnina to Batong-Uling River and again besought her to cure his mother.
- The accused alleged that Saturnina told Palad to go home and that he would find his mother well.
- The accused alleged that on returning home, Palad found his mother still sick and worse.
- The accused alleged that Palad therefore returned, seized Saturnina by the shoulder, and flung her into the water.
- The accused alleged that when the two accused pulled her out, they saw Saturnina had a wound on her head produced by striking it against stones in the river.
- The accused alleged that Saturnina was breathing with difficulty at that time.
- The accused alleged that Melecio Macalintal returned to the house and was followed shortly after by Isidoro Pa...(Subscriber-Only)
Issues:
- Whether the killing of Saturnina Austria constituted homicide or murder
- Whether qualifying circumstances supporting murder, particularly the qualifying circumstance of cruelty, were applicable given the intent and the accused’s belief.
- Whether the evidence showed an intention to kill or a deliberate inhuman plan to augment pain and suffering.
- Whether the offense should be classified as homicide as “necessarily included” in the charged crime of murder.
- Whether the accused acted with circumstances that mitigate criminal liability
- Whether mitigating circumstance No. 7 of Article 9 of the Penal Code concurred.
- Whether the special circumstance established in Article 11 of the Penal Code concurred.
- Whether the accused acted on passion and obfuscation produced by false belief in witchcraft, and whether the belief was in good faith due to ignorance and vulgar provincial belief.
- Whether any aggravating circumstance applied
- Whether abuse of superiority existed as an aggravating circumstance.
- Whether the aggravating circumstance offset one of the mitigating circumstances....(Subscriber-Only)
Ruling:
- (Subscriber-Only)