Case Summary (G.R. No. 10037)
Factual Background
On September 25, 1913, Maximo Mallari sought a remedy for his wife's ailment, which he attributed to witchcraft allegedly caused by Vicente Sunga, the spouse of Canuta Flores. When Vicente refused to assist, Mallari threatened the couple with death while wielding a sharp bolo. Following an altercation, Vicente fled and was pursued by Mallari who inflicted a fatal wound leading to Vicente's eventual death three days later from severe peritonitis caused by the bolo's injury.
Judicial Proceedings
The case was brought to the court where Vicente's statement to the justice of the peace identified Mallari as his assailant at the time of the occurrence. The wound caused by Mallari was categorized as incised and considered necessarily fatal. The trial court concluded that the crime committed was homicide under Article 404 of the Penal Code, resulting in a sentence for Mallari of twelve years and one day of reclusion temporal, along with the obligation to pay indemnity to Vicente’s heirs.
Defense and Allegations
Mallari’s defense claimed he acted in self-defense, arguing he was attacked first by Vicente and other family members. However, the court found insufficient evidence to support this claim. Witnesses for the defense testified to an assault by Vicente and family members armed with weapons; however, the court emphasized that witnesses of the prosecution offered a more credible account, demonstrating a lack of provocation prior to Mallari's attack.
Analysis of Self-Defense Claim
The court underscored that for a self-defense claim to be valid, the assertion of prior unlawful aggression must be substantiated. The evidence indicated that Mallari’s actions were unprovoked, and there was no proof to suggest that Vicente had initiated the conflict or was armed at the time of the encounter. Thus, the court dismissed the self-defense argument.
Dying Declaration and Credibility
The court addressed the admissibility of Vicente's statements made to the justice of the peace prior to his death, categorizing these declarations as ante mortem statements. The court held that the gravity of Vicente's wound and his belief that he was dying substantiated the c
...continue readingCase Syllabus (G.R. No. 10037)
Case Overview
- This case was brought before the court by the defendant, Maximo Mallari, who appealed from the judgment rendered on April 22, 1914, by Judge Julio Llorente.
- The judgment sentenced Mallari to twelve years and one day of reclusion temporal, required him to pay an indemnity of P1,000 to the heirs of the deceased, Vicente Sunga, and imposed the costs of the case.
Facts of the Case
- On September 25, 1913, in Batasan, Macabebe, Pampanga, Mallari sought the assistance of Vicente Sunga, believing that Sunga could cure his ailing wife, whom he thought was bewitched.
- Sunga refused the request, denying any involvement in his wife's condition, which led to an altercation. Mallari threatened Sunga and his wife and ascended the stairs, armed with a bolo.
- Sunga attempted to escape to report the incident to the local authority but was pursued by Mallari, resulting in a confrontation where Mallari inflicted a fatal wound to Sunga's abdomen.
- Sunga died three days later from the injuries sustained.
Medical Findings
- An autopsy revealed that Sunga suffered a severe incised wound penetrating various abdominal organs, leading to gangrene and peritonitis, which ulti