G.R. No. 1931. March 13, 1905

In a complaint dated May 28, 1902, Jose Cariaso was, among others,
charged by the provincial fiscal of Tarlac with the crime of
assassination. The complaint stated that late in the night of a day in
the month of April of that year, the exact date of which does not
appear, the defendants entered the house of Domingo Legaspi in the town
of San Clemente; that they took him out after tying his wrists and
conducted him to a place called Cabalansian and there in some bushes
killed him and afterwards burned his body:

In a case against Gervasio Ynong and others for the crime of murder
judgment was rendered on May 19, 1903, in which said Ynong was
sentenced to cadena perpetua, Eutiquiano Cabuling to thirteen years of cadena temporal,
and the four other defendants acquitted, the case having been separated
as to the other defendants. Among the latter is Jose Cariaso, against
whom this case has been brought.

The allegations of the complaint are sustained by the evidence
adduced in the case. On the said night the defendants Jose Cariaso and
Andres Pelaez went to the house of the deceased, Domingo Legaspi; they
were armed with a bolo; they took Legaspi prisoner, and after binding
his wrists conducted him, with the aid of others outside, to the place
called Cabalansian, where he was killed. On a day in the month of May
the burned remains of the deceased were found in that place.

The defendant acknowledges that he was one of those who went to the
house of Domingo Legaspi and took him prisoner late that night, but he
states that on the way to the place where the deceased was killed by
Andres Pelaez he left his companions.

The crime of assassination has been fully proven. It was committed
with the qualifying circumstance of a price having been paid for the
commission of the same, as appears in the judgment rendered in the case
against the principals in the crime. We have to determine only the
character of the participation of Jose Cariaso in the crime.

This defendant took part in the murder by acts previous to the
execution of the crime by reason of having taken part in the taking of
the deceased prisoner, although the defendant left his companions while
they were en route to the place where the deceased was killed, and for
this reason he did not witness the killing of the deceased.

In order to determine the responsibility of the defendant in the
commission of the crime we must take into consideration the existence
of the aggravating circumstances defined in subsections 7 and 15 of
article 10 of the Penal Code. The effect of these aggravating
circumstances are counterbalanced by the special extenuating
circumstance provided for in article 11 of the same code, and for this
reason the penalty which the defendant has incurred should be imposed
in its medium degree.

By virtue, then, of the reasons above stated, we are of the opinion that the judgment below should be affirmed.

The defendant Jose Cariaso is sentenced to the penalty of thirteen years of cadena temporal,
with the accessories provided for in article 56 of the Penal Code, and
to pay, jointly and severally with Gervasio Ynong and Eutiquiano
Cabuling, to the heirs of the deceased, Domingo Legaspi, the sum of
2,000 pesos, without having to suffer subsidiary imprisonment, and to
pay the costs, it being understood, however, that the indemnification
to which he is sentenced has a subsidiary character.

This case to be returned to the court below with a certified copy of
this decision and of the judgment which shall be rendered in accordance
herewith. So ordered.

Arellano, C. J., Mapa, Johnson, and Carson, JJ., concur.