THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS. SEBASTIAN LARGO, DEFENDANT AND APPELLANT.

Accused of murder in the Court of First Instance of Zamboanga City
and convicted, as charged, by the same, which sentenced him to an
indeterminate penalty ranging from eight (8) years and one (1) day of prison mayor to fourteen (14) years and eight (8) months of reclusion temporal,
with the accessory penalties prescribed by law, to indemnify the heirs
of Martin Mundido in the sum of P6,000, and to pay the costs, defendant
Sebastian Largo appealed to the Court of Appeals, which, being of the
opinion that appellant should be sentenced to life imprisonment,
forwarded the case to this Court, in pursuance of section 34 of
Republic Act No. 296.

Testifying for the prosecution. Patrolman Abdulatip Abdurahim of
the police department of Zamboanga City stated that, while he was on
his beat, in the vicinity of the night market of said city, where
“feria” games were being played, at about mid-night of December 2-3,
1957, his attention was attracted by a commotion and the scampering of
people nearby. As he approached the place of the commotion, to
ascertain its cause, he saw appellant Sebastian Largo holding the
dagger Exhibit A in his right hand and its scabbard Exhibit B in his
left; that Abdurahim inquired what the matter was, but Largo warned him
not to approach; that, this notwithstanding, Abdurahim grabbed Largo’s
right hand and tried to wrest the weapon from him; that while they were
grappling therefor, another policeman, Patrolman Leandro Barredo, came
and helped Abdurahim in disarming Largo; and that the policemen then
noticed that the dagger was smeared with fresh blood and that, about
eight (8) meters away, the lifeless body of Martin Mundido “was lying
on the ground, face downward, with several wounds in the right arm and
a gaping wound in the back. This testimony was corroborated by
Patrolman Barredo.

According to Dr. Felipe T. Lavina, of the Zamboanga General
Hospital, who made an autopsy of said body, about ten (10) hours after
the occurrence, “death was due to hemorrhage in the lungs, secondary to
stab wounds” sustained “from behind.”

The prosecution introduced, also, the testimony of an uncle of the
deceased, namely, Agustin Mundido, who declared that, as Martin Mundido
ducked a fist blow given by appellant’s brother, Federico (Pedring)
Largo— with whom the deceased seemingly had a fist fight— appellant
appeared suddenly from behind the latter and stabbed him.

The theory of the defense, based mainly upon appellant’s testimony,
is that, while he and his wife and two children were, on their way
home, coming from his mother’s store, near the scene of the occurrence,
in the evening of December 2, 1957, someone shouted “juramentado”,
whereupon the people started scampering away, with the corresponding
commotion; that, as he looked around for a piece of wood with which to
protect his wife and children, he saw a dagger which, after putting
down a child he was carrying on his shoulders, he picked up, along with
its scabbard; that he then saw a man coming to him, and, not knowing
that he (the man) was a policeman, warned him not to approach; that the
policeman grabbed his hand and took the dagger away from him; and that
said policeman and another policeman, who came immediately, thereafter,
then brought him to the police station, despite his assurances to them
that he had merely picked up the weapon at the scene of the crime.

Fortunato Quinones and Alfredo Demaronsing tried to corroborate
appellant’s testimony, but, the same and that of his corroborating
witnesses were given no credence by the lower court. In the light of
the attending circumstances, we can not disturb the findings of said
court with respect to the veracity of the opposing witnesses. In
addition to the decided advantage of His Honor, the trial Judge, who
observed their behaviour during the trial, in gauging their veracity,
the refusal of appellant to surrender the lethal weapon to policeman
Abdurahim, refutes the theory of the defense. Appellant’s testimony to
the effect that he did not know that Abdurahim was a peace officer
merely makes the artificiality of the former’s version more apparent,
for Abdurahim was then wearing his uniform as a policeman. Moreover,
Agustin Mundido identified Exhibit A as the dagger he had seen
appellant carry with him several times prior to the occurrence.
Lastly, it is not even intimated that either Agustin Mundido, or the
aforementioned policemen had any possible motive to falsely incriminate
appellant. On the contrary, the record shows that Agustin Mundido was
his friend.

It appearing that Martin Mundido was stabbed from behind, while he
was busy defending himself from the fist blows of Federico (Pedring)
Largo, it is clear that the crime committed is murder, qualified by
treachery, and that, no modifying circumstance having attended the
commission of the offense, the penalty therefor should be imposed in
its medium period, namely, life imprisonment.

Thus modified as to the penalty, the decision appealed from is
hereby affirmed, therefore, in all other respects, with costs against
the appellant. It is so ordered.

Bengzon, C.J., Padilla, Labrador, Paredes, Dizon, Regala and Makalintal, JJ., concur.