Case Summary (G.R. No. 165333)
Procedural posture and charges
The accused was charged by information with three distinct offenses arising from the same factual episode: (1) trespass to dwelling by means of force (allanamiento de morada mediante fuerza); (2) frustrated homicide (stabbing of Joseph Davidson with intent to kill but death prevented by medical intervention); and (3) less serious physical injuries (wounds to Captain Davidson, Mrs. Davidson and daughter). The information also alleged five aggravating circumstances and noted one mitigating circumstance (the accused’s plea of guilty). The accused pleaded guilty at arraignment, was permitted to testify, and the trial court found him guilty of the three crimes and imposed distinct penalties for each.
Waiver of multifariousness and sufficiency of the information
The Court addressed the contention that the information improperly charged more than one offense in violation of section 11 of the Code of Criminal Procedure. The court held that, although the information “apparently” did not comply with section 11, the accused’s counsel failed to demur in the trial court; by going to trial under a multifarious information the accused waived the objection. The Court relied on established precedent (People v. Miana) to reaffirm that failure to object to multifariousness in the complaint or information constitutes a waiver and cannot be raised for the first time on appeal. Thus the trial court was justified in convicting and sentencing the accused for as many offenses as were charged and proved at trial.
Effect and import of the guilty plea
The Court reviewed the legal effect of a formal plea of guilty. Quoting United States v. Jamad, it emphasized that a guilty plea entered freely, voluntarily, and with full knowledge of the nature and consequences of the charge is sufficient to sustain a conviction without further evidence, because the accused’s admission supplies the necessary proof. On that basis, the court treated the plea as valid and sufficient to convict on the offenses charged.
Multiple convictions and relevant penal provisions (Article 48 vs. Article 70)
The appellant contended that there was no provision in the Revised Penal Code corresponding to the earlier penal law’s article (article 87) and that only the penalty for the gravest offense should have been imposed, invoking article 48 of the Revised Penal Code. The Court rejected this argument: article 48 governs complex crimes (single act constituting two or more crimes or one offense being a necessary means for committing another) and was inapplicable because the facts supported distinct offenses proved in the information. Instead, article 70 of the Revised Penal Code controlled the treatment of multiple penalties: when a culprit must serve two or more penalties, they shall be served simultaneously if the nature of the penalties will permit; otherwise the penalties shall be executed successively in the order of their severity. Consequently, the imposition of separate penalties for the distinct offenses was proper under article 70.
Aggravating and mitigating circumstances and their effect on penalty
The lower court found four aggravating circumstances and one mitigating circumstance (the guilty plea). Although the trial court did not specify in the judgment which four aggravating circumstances it relied upon, the appellate court observed that even if certain alleged circumstances (e.g., unlawful entry through a window or breaking the window) could not properly aggravate the crime of trespass to dwelling, other aggravating factors alleged were sufficient to justify imposing the maximum degree of the corresponding penalties. The guilty plea was recognized as a mitigating circumstance but did not prevent imposition of maximum degrees when other aggravating circumstances predominated.
Sentencing modification and legal basis for indeterminate sentences
On appeal the Court affirmed the conviction for less serious physical injuries (lesiones menos graves) as sentenced by the trial court. As to the other penalties, the appellate court modified the determinate penalties into indeterminate terms pursuant to applicable law (the decision cites articles 280 and 249 of the Revised Penal Code and Act No. 4103). The modified indeterminate sentences set the minimum and maximum terms for each offense as follows: for trespass to dwelling by means of violence, an indeterminate term of not less than two years of prision correccional and not more than four years, nine months and eleven days of prision correccional, with a fine of P200 (or subsidiary imprisonment if insolvent); for frustrated homicide, an indeterminate term of not less than five years of prision correccional and not more than ten years and one day of prision mayor. The sentence for less serious physical injuries (four months and one day of arresto mayor) was affirmed as imposed.
Court’s disposition and allocation of costs
The appellate court affirmed the trial court’s decision as modified to reflect the indeterminate sentences and the specified fines. Costs were awarded against the appellant. The opinion c
Case Syllabus (G.R. No. 165333)
Citation and Procedural Posture
- Reported at 59 Phil. 134; G.R. No. 38417; decision rendered December 16, 1933.
- Case is an appeal from the Court of First Instance of Rizal.
- The People of the Philippine Islands is plaintiff and appellee; Marciano Medina (alias Mariano Medina, alias Alejandro Dola) is defendant and appellant.
- The lower court convicted the accused after a plea of "guilty" and imposed multiple penalties; the case is brought to the appellate court for review of convictions and sentencing.
Facts Alleged in the Information
- The information alleges that on or about August 7, 1932, in the municipality of Paranaque, Province of Rizal, and within the jurisdiction of the court, the accused, Marciano Medina (aliases included), a private individual, at night time:
- Wilfully, unlawfully and feloniously entered the dwelling of Capt. J. H. Davidson against his will by forcing his way through a window protected by wire screens, an opening not intended for entrance.
- Once inside, when his presence was detected and the inmates tried to put him under arrest, the accused, resisting arrest and seeking to escape, with intent to kill Joseph Davidson (son of Capt. Davidson) assaulted, attacked and stabbed Joseph Davidson with an open knife on the upper left chest, inflicting a mortal wound penetrating the lung that would have produced death but for timely, able and efficacious medical aid by Dr. Alexander Mileau.
- In his efforts to escape, the accused further attacked and assaulted Capt. Davidson, Mrs. Davidson, and their daughter Mary Davidson with an open knife, inflicting:
- Upon Capt. Davidson: several wounds, one on the right hand, one on the right sterno-clavicular articulation, and one on the upper right arm.
- Upon Mrs. Davidson: a lacerated wound on the palmar surface of the left ring finger and on the middle finger, severing the tendons.
- Upon Mary Davidson: a wound on the left occipito-parietal region of the scalp.
- The wounds sustained by Capt. and Mrs. Davidson and their daughter required medical attendance for a period longer than 10 days but less than 30 days and incapacitated them from performing their customary labor for an equal period.
Aggravating Circumstances Alleged in the Information
- The information alleged five aggravating circumstances to have existed in the commission of the acts:
- (1) The crime was committed at night time, which the accused purposely sought to ensure success in the commission of the offense.
- (2) Disregard of sex with respect to two of the offended parties, Mrs. Davidson and her daughter Mary Davidson.
- (3) The crime was committed through an unlawful entry, namely by passing through a window.
- (4) As a means to the commission of the offense, the window was broken.
- (5) The accused had previously been punished four times for crimes of theft and for other violations of the law, to which lighter penalties were attached, by virtue of final judgments handed down by competent courts.
Charges Filed in the Information
- The accused was charged with three crimes as set forth in the information:
- Trespass to dwelling (allanamiento de morada mediante fuerza) — entry by force through window.
- Frustrated homicide — the stabbing of Joseph Davidson resulting in a mortal wound but not death due to medical intervention.
- Less serious physical injuries (lesiones menos graves) — wounds to Capt. and Mrs. Davidson and their daughter requiring medical attention more than 10 but less than 30 days and incapacitating them from customary labor for that period.
Plea, Trial Procedure, and Representation
- The accused was represented in the lower court by an attorney de oficio.
- After the information was read to him, the accused answered that he understood it and pleaded "guilty" when asked whether he pleaded guilty or not guilty.
- The accused was permitted to testify during the proceedings.
- The attorney for the accused did not demur to the information alleging multifariousness (that the information charged more than one offense).
Lower Court Findings and Sentence (Judge Francisco Zandueta)
- In view of the plea of guilty, the trial court found the defendant guilty of:
- Allanamiento de morada mediante fuerza (trespass to dwelling by means of violence).
- Homicidio frustrado (frustrated homicide).
- Lesiones menos graves (less serious physical injuries).
- The lower court found the presence of four aggravating circumstances and one mitigating circumstance (the defendant's plea of "guilty").
- Sentences imposed by the trial court:
- For trespass to dwelling by means of violence: four years, nine months, and eleven days of prision correccional.
- For frustrated homicide: ten years and one day of prision mayor.
- For less serious physical injuries: four months and one day of arresto mayor.
- The defendant was also sentenced to suffer the accessory penalties provided by law and to pay the costs.
Appellate Contentions Presented on Behalf of Appellant
- Appellant's attorney de oficio in the lower court later alleged that the lower court err