Case Summary (G.R. No. 7498)
Facts of the Case
On October 19, 1904, in Dumanjug, police officers, acting under the direction of Lieutenant Hilarion Layaolayao, were assigned to verify the personal registration of the local citizens. Upon approaching the residence of the Ginosolongo family, Corporal Padayao was invited inside while his colleagues remained outside. During this visit, Padayao was assaulted and stabbed by Santiago Ginosolongo with a bolo after being offered a cigar, resulting in multiple wounds. In the ensuing chaos, Policemen Felix Cambonga attempted to aid Padayao but was also attacked, leading to further violence in which two Ginosolongo family members were killed.
Procedural History
The initial incident was reported to the justice of the peace court on October 21, 1904, and a preliminary investigation was conducted leading to the filing of a formal complaint in the Court of First Instance of Cebu in 1911. On November 7, 1911, each of the defendants was sentenced to twelve years and one day of reclusion temporal and was ordered to pay costs. The defendants appealed the judgment rendered against them.
Discussion on Charges
The comprehensive evaluation of facts suggests that Santiago Ginosolongo's conduct amounted to unlawful aggression against officials performing their duties, meriting characterization as murder due to the treacherous manner of the attack. However, as the complaint specifically charged homicide, the court was bound to adjudicate only on the accusation presented and not on potentially more serious charges.
Assessment of Evidence and Defense Claims
The claim of self-defense presented by Santiago Ginosolongo lacked substantiation as the records did not indicate that the police beforehand abused or provoked any member of the Ginosolongo family. Testimonies from his co-defendants contradicted Santhiago's claim, establishing that Padayao was the sole assailant at the time of the initial attack, further corroborated by the fact that any altercations took place after he was already injured.
Conclusion on Conviction and Sentencing
The court determined Santiago Ginoso
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Case Citation
- Jurisprudence: 23 Phil. 171
- G.R. No. 7498
- Date of Decision: September 12, 1912
Background and Context
- The case originated from an appeal by three defendants, Santiago Ginosolongo, Feliciano Ginosolongo, and Ciriaco Ginosolongo, against a judgment of conviction for homicide rendered by Judge Adolph Wislizenus.
- The incident occurred on October 19, 1904, in the barrio of Tobod, municipality of Dumanjug, where police officers were conducting an investigation regarding personal registration certificates.
Incident Overview
- Lieutenant Hilarion Layaolayao ordered police officers to investigate compliance with registration laws and to compile a list of individuals with personal registration certificates.
- Officers Felix Cambonga, Cesareo Ordeliza, and Fausto Oatisan conducted this investigation, accompanied by Corporal Cesareo Padayao.
- Upon visiting the Ginosolongo residence, they were invited inside by Santiago, Feliciano, and Ciriaco Ginosolongo.
Attack on Corporal Cesareo Padayao
- Inside the house, Corporal Padayao requested to see the cedulas, at which point he was offered a cigar.
- Santiago Ginosolongo suddenly attacked Corporal Padayao with a long pointed bolo (pinuti), inflicting a serious wound that proved fatal.
- As Padayao fled the house calling for help, he was pursued and further wounded.
- Policeman Felix Cambonga atte