Case Summary (A.C. No. 10294)
Charges and Information
The information charged Yabut with murder for having, on or about 1 August 1932, while a prisoner serving sentence at Bilibid Prison, intentionally and treacherously assaulted and struck fellow prisoner Sabas Aseo from behind with a wooden club, fracturing his skull and causing injuries that resulted in death approximately twenty-four hours later. The information also alleged that Yabut was a recidivist, having two prior homicide convictions and one for serious physical injuries.
Facts Found by the Trial Court
The trial court found—and the Supreme Court accepted upon independent review—that, on the night of 1 August 1932 within Brigade 8-A, a confrontation occurred among prisoners. The chief baton-holder Villafuerte observed Yabut approach and strike the deceased (who was turned away) first in the nape and then in the head with a wooden club (exhibit C). The victim fell and later died. Villafuerte attempted to interpose; a struggle ensued between Yabut and Villafuerte during which Yabut threatened Villafuerte and sought to use his weapon. After a scuffle Yabut hid in the brigade latrine and was immediately apprehended by prison authorities. The court rejected Yabut’s testimony that Villafuerte, not he, delivered the fatal blow.
Eyewitness and Medical Evidence
Four eyewitnesses placed the fatal blows as being struck from behind by Yabut. Medical testimony from Santiago Estrada (resident physician, Bureau of Prisons) and Dr. Pablo Anzures (Medico-Legal Department, University of the Philippines) established that death was caused by subdural and cerebral hemorrhages following a skull fracture produced by the blow to the head. These medical findings corroborated eyewitness accounts of a blow to the head from behind.
Appellant’s Assignments of Error
On appeal Yabut urged (1) that the trial court erred in applying Article 160 of the Revised Penal Code; (2) that the court erred in finding the defense evidence contradictory and uncorroborated; (3) that the court erred in concluding that treachery (alevosía) was present; and (4) that the court erred in finding guilt for murder beyond reasonable doubt.
Statutory Framework — Article 160 and Its Interpretation
Article 160 of the Revised Penal Code (Spanish text and English translation provided in the decision) prescribes that a person who commits a felony after having been convicted by final judgment, before beginning to serve that sentence or while serving it, shall be punished by the maximum period of the penalty prescribed for the new felony; it also contains a provision on pardon at age seventy for certain convicts who are not habitual criminals. The appellant argued that the word “another” in the English caption of Article 160 limited application to cases where the new crime is different from the offense for which the convict was serving sentence. The Court rejected that argument: it held that no such limitation appears in the unambiguous text of Article 160 and that epigraphs or headings are mere catchwords or index aids which cannot modify or limit the clear words of the statute. The Court applied the general principle that when statutory text is clear, reliance on section headings is improper; secondary aids may be used only to remove, not create, doubt.
Findings on Treachery (Alevosía) and Standard of Review
The Supreme Court, after independent review of the record, found the trial court’s factual findings amply supported by the evidence beyond reasonable doubt except as to the existence of treachery (alevosía). Some members of the Court entertained reasonable doubt that treachery had been established. Because treachery was not unanimously sustained, the aggravating circumstance underlying
...continue readingCase Syllabus (A.C. No. 10294)
Citation and Procedural Posture
- Reported at 58 Phil. 499; G.R. No. 39085; decision rendered September 27, 1933.
- Appeal from a judgment of the Court of First Instance of Manila.
- Trial court convicted appellant Antonio Yabut of the crime of murder and assessed the death penalty.
- This Court reviews the appeal, examines the record and evidence, and issues the decision authored by Justice Butte.
Parties and Roles
- Plaintiff and appellee: The People of the Philippine Islands.
- Defendant and appellant: Antonio Yabut.
- Victim (deceased): Sabas Aseo (alias Sabas Asayo), a fellow prisoner.
- Chief squad leader (brigada): prisoner Jose Villafuerte.
- Assistant/auxiliary: prisoner Vicente Santos.
- Other prisoners identified in the brigada: Apolonio Saulo, Isaias Carreon, Melecio Castro, Mateo Bailon, and the Moros Taladie and Hasan.
- Prison sergeant who apprehended the defendant after the incident: prisoner Proceso Carangdang (served as sargento of prison policemen).
- Medical witnesses: Santiago Estrada, resident physician of the Bureau of Prisons; Dr. Pablo Anzures of the Medico-Legal Department of the University of the Philippines.
- Opinion authored by Justice Butte; concurrence by Avancena, C.J., and Justices Street, Malcolm, Villa-Real, Abad Santos, Hull, Vickers, and Imperial.
Charge and Information
- Appellant charged in the Court of First Instance of Manila with the crime of murder by information alleging:
- On or about August 1, 1932, in the City of Manila, appellant, then a prisoner serving sentence in Bilibid Prison, with intent to kill, willfully, unlawfully, feloniously and treacherously assaulted, beat and used personal violence upon Sabas Aseo, another prisoner.
- The assault consisted of hitting Aseo suddenly and unexpectedly from behind with a wooden club, without just cause, fracturing Aseo's skull and inflicting other injuries which caused Aseo's death about 24 hours thereafter.
- The information alleged recidivism: appellant previously twice convicted of homicide and once of serious physical injuries by final sentences of competent tribunals.
Arraignment and Plea
- Upon arraignment, Antonio Yabut pleaded not guilty.
Trial Court Findings (as quoted and summarized)
- The Court of First Instance made findings of fact in Spanish; this Court, upon independent examination of the entire testimony, is convinced those findings are supported beyond reasonable doubt.
- Factual findings describe the composition of "La brigada de presos" known as Brigada 8-A Carcel on August 1, 1932, consisting of about 150 or more long-term prisoners under the command of Jose Villafuerte (Chief Squad Leader) and Vicente Santos (assistant), and listing specific prisoners including the deceased Sabas Aseo and the accused Antonio Yabut.
- The trial court found the incident occurred between 7:30 and 8:00 p.m. after the brigada pavilion had been closed for rest time, while Villafuerte was seated at his table inside the brigada.
- Sequence of events as found:
- Villafuerte saw prisoner Carreon near him; at that moment Yabut addressed Carreon, threatening to slap him if he did not collect a debt.
- Villafuerte attempted to quiet those speaking, but then Carreon confronted prisoner Saulo to collect two cigarette cartons owed; Saulo replied he would pay later, Carreon slapped Saulo, and Saulo was rendered unconscious.
- Villafuerte went to his bunk to retrieve his authorized baton. At that instant he saw Yabut striking prisoner Sabas Aseo with a wooden club (Exhibit C), first on the nape and then on the head while Aseo was turned away.
- Upon receiving the blow to the nape, Aseo leaned forward and Yabut stepped forward and struck him again in the head with the wooden club, causing Aseo to fall to the ground.
- Villafuerte approached Yabut to disarm him despite being threatened by Yabut who warned "Do not come near; otherwise, you will die." Villafuerte nevertheless advanced and managed to divert an intended blow aimed at his head with his baton. The two grappled and embraced until the baton slipped from Villafuerte's grasp.
- During the struggle, Yabut released Exhibit C, which he had used to wound Sabas Aseo. Yabut then freed himself from Villafuerte, went to the other end of the brigada, hid in the latrine, and was immediately captured by prisoner Proceso Carangdang.
- The trial cou