G.R. No. 13251. October 08, 1918
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. BUTAG, EREC, CUSIDON, DUMAUA, BANGAYAN, GURENGAD, GALADI, LEGUE, BEGUING ET AL., DEFENDANTS AND APPELLANTS.
MALCOLM, J.:
and decapitated two women, a man, and a boy. Eighteen persons in all were
charged with the crime. Action was suppressed, on motion of the defense during
the course of the trial, as to seven of the defendants. Three others were
acquitted. The remaining eight, named Erec, Cusidon, Dumaua, Bangayan, Gurengad,
Galadi, Legue and Beguing, were found guilty of the crime of murder, and each
was sentenced to life imprisonment with the accessory penalties of the Penal
Code, and to pay one-eighteenth part of the costs, while all were jointly and
severally made liable to the heirs of the four deceased in the amount of
P4,000.
The assignments of error relate in different form to the sufficiency of the
evidence. We find on review that the guilt of the defendants is proved beyond a
reasonable doubt by their own voluntary confessions and admissions, corroborated
by other competent witnesses. The crime is murder because committed by the
defendants with evident premeditation. In order that evident premeditation may
exist, it is not necessary that the accused premeditate the killing of a
particular individual. (U. S. vs. Manalinde [1909], 14 Phil., 77; U. S.
vs. Rodriguez [1911], 19 Phil., 150.) There also concur the aggravating
circumstances that the crime was committed by a band of more than three armed
men, and in disregard of the age and sex of the deceased, one being a boy of
twelve years of age, and two, women. The trial court found present the
mitigating circumstance provided by article 11 of the Penal Code, as superseded
by Act No. 2142. The penalty imposed by the trial court is accordingly
correct.
Judgment is affirmed with one-eighth part of the costs of this instance
against each appellant. So ordered.
Torres, Johnson, Street, Avanceña, and Fisher, JJ.,
concur.