G.R. No. 2444. November 11, 1905

The defendant was charged with the crime of murder, was tried by the
Court of First Instance of the Province of Leyte, was found guilty of
the crime charged, and sentenced to life imprisonment (cadena perpetua) and to pay the costs. From this decision the defendant appealed to this court.

The evidence adduced during the trial of the cause in the court
below shows that the defendant did, on or about the 21st day of
October, 1904, by means of a dagger, inflict a wound upon one Urbano
Barcelona, from which the said Urbano Barcelona died. The proof also
shows that at the time the said wound was inflicted the defendant was
somewhat intoxicated and that he was in the habit of becoming
intoxicated. There was no evidence adduced during the,trial which shows
the existence of any of the circumstances mentioned in article 403 of
the Penal Code.

The offense, therefore, can not be qualified as the crime of murder.
The existence of one or more of the circumstances mentioned in article
403 of the Penal Code is absolutely necessary in order to qualify an
offense as that of murder. The evidence must disclose, beyond
peradventure of doubt, the existence of one or more of these qualifying
circumstances. They are essential elements of the crime of murder and
their existence can not be assumed. In the absence of the qualifying
circumstances mentioned in said article 403, the act of the defendant
must be qualified as that of homicide, punishable under article 404 of
said Code. Neither aggravating nor extenuating circumstances attended
the commission of the offense, and the defendant therefore must be
punished in the medium degree of reclusion temporal.

It is the judgment of this court, therefore, that the sentence of
the inferior court be reversed and that the defendant be sentenced to
be imprisoned for a period of fourteen years eight months and one day
of reclusion temporal, to indemnify the heirs of the deceased
in the sum of P1,000, Philippine currency, with the accessory penalties
provided for by article 59 of the Penal Code, and to pay the costs. So
ordered.

Arellano C.J., Torres, Mapa, Carson, and Willard, JJ., concur.