THE PEOPLE OF THE PHILIPPINES,PLAINTIFF AND APPELLEE, VS. JUANITO JAULA, DEFENDANT AND APPELLANT.

This is an appeal from a judgment of the
Court of First Instance of Iloilo, finding the. appellant, Juanito
Jaula, guilty of murder with slight physical injuries, and sentencing
him to reclusion perpetua, to indemnify the heirs of the
deceased, Rosa (Generosa) Pudadera, in the sum of two thousand pesos,
without subsidiary imprisonment in case of insolvency, to the accessory
penalties prescribed by law, and to pay the costs.

The evidence for the prosecution tends to show that on and
prior to November 24, 1949, the appellant lived with his two children
in the house of his sister-in-law, Generosa Pudadera, in the barrio of
Kabalabagman, Mine, municipality of Pototan, province of Iloilo.
Appellant’s wife was sick and lived with her father in a house
adjoining that of Generosa’s. According to prosecution witness Eduardo
Seballos, the appellant, in a conversation which took place in the
afternoon of November 24, 1949, revealed the fact that he wanted to
take away his children from the house of Generosa, but the latter
resisted his desire, the appellant then and there threatening to kill
Generosa, in the absence of her husband, if she would not give his
children in the evening. Indeed, at about eleven o’clock that night,
Gabriel Pudadera, who also lived in the house of his sister Generosa,
was awakened when the latter called for help. Gabriel, who was sleeping
about two meters away from his sister, thereupon, saw the appellant
stab Generosa with a dagger as she lay on the floor face downward.
Gabriel attempted to come to his sister’s aid, but the appellant also
struck him on the forehead and thereupon left. The next morning, the
police authorities of Janiway, Iloilo, to whom the appellant
surrendered with «. dagger, turned him to the police authorities of
Pototan. According to prosecution witness Leonidas Dosado, the
appellant had admitted before the police authorities of Janiway that he
stabbed Generosa Pudadera.

Dr. Manuel Silva, president of
the sanitary division of Pototan, who examined Generosa’a dead body,
made the following findings: “1. Wound: stabbed, thru and thru, point
of entrance left external axillary line about the 4th intercostas
space, measuring about 4 cms. long, point of exit about 3 cms. above
the left nipple, measuring about 3 cms. long. 2. Wound: incised, across
the right palm measuring about 8 cms. long. Cause of death, internal
and external hemorrhages.” The same officer examined the injury
received by Gabriel Pudadera, and he testified that said injury did not
need any medical attendance.

The appellant alleged, in defense, that he did not stab Generosa Pudadera and what really happened was that when he came to the house of
Generosa in the afternoon of November 24, 1949, and inquired why one of
his children was crying, Generosa told him that Gabriel beat him for
his refusal to go home although it was already late at night.
Reproached for his act, Gabriel immediately struck the appellant on the
back with a piece of wood. As the appellant rose from his chair, he was
again hit by Gabriel. Although the appellant succeeded in wresting the
club from Gabriel, the latter was able to get hold of a kitchen knife.
As Gabriel was about to hit the appellant with the knife, Generosa
intervened and received the blow intended for the appellant. Again
attacked by Gabriel, the appellant was able to wrest the knife with
which he wounded Gabriel on the head. He then left for the house of his
father in barrio Karanas, Janiway, Iloilo, and surrendered the next
morning to the police authorities of Janiuay upon hearing that Generosa
died and the police was after him.

There can be no doubt about the culpability of the appellant.
Earlier on the day in question he had manifested his resentment over
the refusal of Generosa Pudadera to part with his children and
correspondingly threatened to kill Generosa. The location of the
principal fatal wound of Generosa confirms the theory of the
prosecution and is inconsistent with appellant’s allegation that the
deceased was accidentally hit by Gabriel. The testimony of Dr. Silva is
quite decisive-against appellant’s position. Moreover, the appellant
admitted to the police authorities of Janiway that he stabbed Generosa.
And appellant’s counsel de oficio. convinced of the
correctness of the judgment of conviction, merely contends that the
crime committed by the appellant is homicide, because there is no
evidence that Generosa was sleeping when attacked or that she already
had her face downward when the appellant first stabbed her. Gabriel
Pudadera testified, however, that the inmates of the house of Generosa
Pudadera were asleep, except the appellant, and his testimony is
entitled to credence, especially when it is borne in mind that the
incident took place at about eleven o’clock in the evening.

The trial court considered the aggravating circumstance of
disregard of the respect due the offended party on account of her sex,
offset by the mitigating circumstance of voluntary surrender. In our
opinion, it was error to appreciate the circumstance of sex, because
there is here no showing that the appellant, aside from the unlawful
taking of the life of a woman, manifested any specific insult or
disrespect towards her. (U.S. vs. De Jesus, 14 Phil. 190; People vs.
Metran, G. R. No. L-4205, July 27, 1951.) As pointed out by the
Solicitor General, the trial court also erred in not imposing upon the
appellant a separate penalty for slight physical injuries inflicted
upon Gabriel Pudadera, in accordance with paragraph 2 of article 266 of
the Revised Penal Code. There being one mitigating circumstance without
any aggravating circumstance, the prescribed penalties should be
imposed in the minimum periods.

Wherefore, it being understood that the appellant is sentenced, for murder, to the indeterminate penalty of from 12 years, prision mayor, to 20 years, reclusion temporal, and, for slight physical injuries, to 10 days of arresto menor, the appealed judgment is in all other respects affirmed. So ordered with costs.

Feria, Pablo, Bengzon, Padilla, Tuason, Reyes, Jugo, and Bautista Angelo, JJ., concur.