Case Summary (G.R. No. 31070)
Factual Background
On the afternoon of April 3, 1928, several residents of Momungan assembled in a drinking place operated by Ariston Tijero in the poblacion. Among those present were Americans, described as white men and persons of African descent. CHARLES E. T. WADE, a colored man, arrived by automobile accompanied by Peter Martisen and two Moros. Seated at a table were Edgar C. Choate (the deceased), Jere Barbour, and C. C. Andrews, all white men. Drinks were distributed at Wade’s order and some present danced. During the festivities Choate punched one of Wade’s Moros; Choate apologized and, except for Wade, the assembled persons thought the incident closed. After about one half hour Wade left the tienda and was soon followed by Choate, who inquired for one Smith. As Choate passed out and lit a cigarette, he was confronted by Wade, who turned, drew a revolver and fired, inflicting a mortal wound in the breast or abdomen. Wade pulled the trigger again but then left the scene. Choate fell and was found shortly thereafter by Lieutenant B. J. Tumilde of the Constabulary lying one and one-half meters from the door, still holding a cigarette and a match. Witnesses who observed the shooting from inside or outside the tienda included Jere Barbour, Teodulo Janaw, and C. C. Andrews; Andrews followed Wade immediately after the shot and secured Wade’s revolver.
Trial Court Proceedings
The Court of First Instance of Lanao convicted CHARLES E. T. WADE of homicide and sentenced him to imprisonment for fourteen years and one day, cadena temporal, ordered indemnity to the heirs of the deceased in the amount of P1,000, and imposed costs. Wade appealed the conviction to the Supreme Court.
The Parties' Contentions
The People relied on eyewitness testimony that Wade drew his revolver and fired at Choate as Choate stood outside the tienda, producing a mortal wound. Witnesses described the immediate scene and Wade’s conduct and statements made after the shooting. CHARLES E. T. WADE maintained at trial that the fatal shot was accidental, offering testimony from himself and a Mr. Taylor that the shooting occurred during a fumbling or struggle over the pistol. Wade had given a signed written statement on April 4, 1928, stating that Choate had struck him in the back, that he drew and pointed his revolver, and that Choate made a rush at him so that he fired, though he did not intend to do so.
Issues Presented
The case presented whether the killing constituted homicide within the meaning of article 404 of the Penal Code, whether the killing was accidental or committed in lawful defense, and the proper penalty to be imposed for the offense proved.
Court's Findings on Fact and Credibility
The Supreme Court accepted the trial court’s evaluation of credibility and found that the claim of an accidental discharge was an afterthought. The Court observed that no suggestion of accident was made at the scene, that Wade’s written statement did not claim accident, and that Wade did not clearly advance the accidental theory before Governor Heffington later. The testimony of prosecution witnesses that Wade deliberately drew and fired at Choate was credited. The Court noted that Wade did not assert intoxication, although the circumstances suggested he might have been under some influence of wine.
Legal Basis and Reasoning
The Court held that the facts established the elements of homicide as defined by article 404 of the Penal Code. The Court sustained the trial judge’s rejection of the defense evidence as incredible and relied on the coherent account of the prosecution witnesses and the appellant’s own statements to conclude that the killing was unlawful and not accidental or justified. Having determined the nature of the offense, the Court identified the appropriate penalty for the proved offense as imprisonment for fourteen years, eight months and one day, reclusion temporal, with the accessory penalties applicable thereto.
Disposition
The Supreme Court affirmed the judgment of conviction, modified the princ
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Case Syllabus (G.R. No. 31070)
Parties and Procedural Posture
- THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, prosecuted the criminal action at bar.
- CHARLES E. T. WADE, DEFENDANT AND APPELLANT, was indicted for homicide before the Court of First Instance of the Province of Lanao.
- The trial court found the appellant guilty of homicide and sentenced him to imprisonment for fourteen years and one day, cadena temporal, and ordered indemnity of P1,000 to the heirs with costs.
- The appellant appealed to the Supreme Court seeking reversal of conviction and sentence.
Key Factual Allegations
- The killing occurred in the afternoon of April 3, 1928, at a drinking place or tienda maintained by Ariston Tijero in the poblacion of Momungan, Province of Lanao.
- Several persons of American citizenship, both white and of African descent, were present and were drinking and dancing when the events occurred.
- The accused, Charles E. T. Wade, who was colored, arrived by automobile accompanied by Peter Martisen and two Moros.
- Among those present were Edgar C. Choate, who later died from the wound, Jere Barbour, and C. C. Andrews.
- A scuffle occurred when Choate punched one of Wade's Moros, after which Choate apologized and the group resumed their activities.
- After a period Wade left the tienda and Choate followed him while inquiring for one Smith, and Choate lighted a cigarette as he passed the door.
- Wade then turned, drew a revolver, fired a shot that inflicted a fatal wound to Choate's breast or abdomen, pulled the trigger again, and departed.
- Choate was found shortly thereafter lying dead approximately one and one-half meters from the door still clutching a cigarette and a match.
Evidence and Testimony
- Lieutenant B. J. Tumilde of the Constabulary testified to finding Choate dead near the door and to the condition of the body.
- Jere Barbour observed the scene from inside the tienda and was in position to see events immediately in front of the door.
- Teodulo Ja