G.R. No. 1431. January 27, 1904

The defendant in this cause was charged with the crime of murder.
The proof showed that on or about the 9th day of May, 1903, a civil
cause was tried, in which the accused was plaintiff and Don Francisco
P. Tizon was defendant, before a justice of the peace of the pueblo
of Candaba, in the Province of Pampanga, P. I. After the testimony in
said cause had been taken, the witnesses were recalled in the office
of the justice of the peace for the purpose of signing their
respective statements. The plaintiff and the defendant in the said
cause were then and there present. While one of the witnesses was in
the act of signing the statement which he had made in the trial, Don
Francisco P. Tizon was invited by the justice of the peace to
accompany him into an adjoining room. At this instant, and
immediately after Don Francisco P. Tizon had arisen from his seat to
accompany the said justice of the peace into the adjoining room, the
said defendant arose and with a knife in his hand followed Mr. Tizon
and at once began to stab him in the back and elsewhere in his body.
Some fifteen wounds, more or less serious, were found upon the body
of Mr. Tizon after his death, all of which were then and there
inflicted by the said accused. The said Mr. Tizon died in the act. It
is not disputed that he died from the effect of the wounds inflicted
by the accused. This proof or the proof of the foregoing statements
of fact was supported by various witnesses. There is no proof tending
to show what caused the accused to attack the deceased in the manner
described. The evidence showed that the deceased was not armed in
any way, that the accused was armed with a penknife, and that the
wounds were inflicted by the penknife.

The defendant was tried in the Court of First Instance of the
Province of Pampanga and was found guilty of the crime of murder and
sentenced with the penalty of cadena perpetua, with the
accessories provided for in article 54 of the same code, and to
indemnify the heirs of the deceased in the amount of 2,000 pesos, in
case of insolvency to suffer subsidiary imprisonment, and to pay the
costs of the said suit

The court below found as a qualification of the crime alevosia.
This finding is clearly substantiated by the proof given in said
cause. The court also found as aggravating circumstances,
premeditation and the fact that the crime was committed in the place
where the public authorities were found exercising their functions.

There is no proof that the party acted with premeditation. This
court has found that the crime was not committed in the place where
the public authorities were found exercising their functions.
Therefore this court finds that neither of the two said aggravating
circumstances exist. The proof does not show any extenuating
circumstances. Therefore we have the crime of murder with its
qualifying circumstance of alevosia, without either
aggravating or extenuating circumstances, and by virtue of the
provisions of article 97 of the Spanish Penal Code the medium degree
must be imposed.

The sentence of the lower court is hereby modified and the said
accused, Simon Punsalan, is hereby sentenced to the penalty of cadena
perpetua, with those accessories mentioned in subsections 2 and 3 of
article 54 of the Penal Code, and to indemnify the heirs of the
deceased in the sum of 2,000 pesos, and in case of insolvency to
suffer subsidiary imprisonment, and to pay the costs of both
instances.

Arellano, C. J., Torres, Cooper, Willard, Mapa, and
McDonough, JJ., concur.