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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-1904 Jurisprudence                 

  • G.R. No. 1491 March 5, 1904 - UNITED STATES v. LORENZO ARCEO, ET AL.

    003 Phil 381

  • G.R. No. 1388 March 5, 1904 - SILVERIO PAGUIA FERNANDO v. PACIFICO SANTOS VILLALON, ET AL.

    003 Phil 386

  • G.R. No. 972 March 14, 1904 - JOSE V. L. GONZAGA v. CARMEN F. DE CAÑETE

    003 Phil 394

  • G.R. No. 1468 March 14, 1904 - UNITED STATES v. ALONSO P. GARDNER

    003 Phil 398

  • G.R. No. 1057 March 15, 1904 - ANTONIO DOMENECH v. ANASTASIO MONTES

    003 Phil 412

  • G.R. No. 1581 March 15, 1904 - UNITED STATES v. PEDRO GIT

    003 Phil 414

  • G.R. No. 1445 March 17, 1904 - UNITED STATES v. MARIANO FELICIANO, ET AL.

    003 Phil 422

  • G.R. No. 1403 March 19, 1904 - JOSE E. ALEMANY ET AL. v. JOHN C. SWEENEY

    003 Phil 424

  • G.R. No. 1439 March 19, 1904 - ANTONIO CASTANEDA v. JOSE E. ALEMANY

    003 Phil 426

  • G.R. No. 1476 March 19, 1904 - MAGDALENA CANCINO, ET AL. v. GERVASIO VALDEZ, ET AL.

    003 Phil 429

  • G.R. No. 1543 March 19, 1904 - UNITED STATES v. BENITO VEGARA, ET AL.

    003 Phil 432

  • G.R. No. 1176 March 21, 1904 - UNITED STATES v. PLACIDO ESPIRIDION, ET AL.

    003 Phil 435

  • G.R. No. 1560 March 21, 1904 - UNITED STATES v. BERNABE GOMEZ

    003 Phil 436

  • G.R. No. 1245 March 21, 1904 - UNITED STATES v. CASIANO SAADLUCAP

    003 Phil 437

  • G.R. No. 1353 March 22, 1904 - ANA MARIA ALCANTARA v. MIGUEL MONTENEGRO

    003 Phil 440

  • G.R. No. 1550 March 24, 1904 - UNITED STATES v. JULIO POLOSAN

    003 Phil 443

  • G.R. No. 1315 March 24, 1904 - UNITED STATES v. EUSEBIO VERSOSA

    003 Phil 444

  • G.R. No. 1575 March 24, 1904 - UNITED STATES v. LAUREANO MIJARES, ET AL.

    003 Phil 447

  • G.R. No. 1395 March 28, 1904 - JUANA BRAGA v. JOSE MILLORA

    003 Phil 458

  • G.R. No. 1297 March 28, 1904 - UNITED STATES v. JULIO MENDOZA, ET AL.

    003 Phil 468

  • G.R. No. 1582 March 28, 1904 - UNITED STATES v. DALMACIO LAGNASON

    003 Phil 472

  • G.R. No. 1330 March 28, 1904 - UNITED STATES v. ARTURO BALDELLO, ET AL.

    003 Phil 508

  • G.R. No. 1601 March 28, 1904 - UNITED STATES v. NICOLAS MACLEOD

    003 Phil 510

  • G.R. No. 1660 March 28, 1904 - UNITED STATES v. GREGORIA HERRERA, ET AL.

    003 Phil 515

  • G.R. No. 1655 March 29, 1904 - UNITED STATES v. LEON DE LA TORRE

    003 Phil 516

  • G.R. No. 1670 March 29, 1904 - RAMONA TRINIDAD v. EDUARDO JARABE

    003 Phil 518

  • G.R. No. 1133 March 29, 1904 - RAFAEL REYES, ET AL. v. COMPAÑIA MARITIMA

    003 Phil 519

  • G.R. No. 1413 March 30, 1904 - ANDRES VALENTON ET AL. v. MANUEL MURCIANO

    003 Phil 537

  • G.R. No. 1072 March 30, 1904 - MANUEL ABELLO v. PAZ KOCK DE MONASTERIO

    003 Phil 558

  • G.R. No. 1438 March 30, 1904 - PETRONILA SALONGA v. MANUEL CONCEPCION

    003 Phil 563

  • G.R. No. 1432 March 30, 1904 - MANUEL ARAULLO, ET AL. v. SALUSTIANO ARAULLO, ET AL.

    003 Phil 567

  •  




     
     

    G.R. No. 1655   March 29, 1904 - UNITED STATES v. LEON DE LA TORRE<br /><br />003 Phil 516

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 1655. March 29, 1904. ]

    THE UNITED STATES, Complainant-Appellee, v. LEON DE LA TORRE, Defendant-Appellant.

    Claro Reyes, for Appellant.

    Solicitor-General Araneta, for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; PARRICIDE; AGGRAVATING CIRCUMSTANCES; EVIDENT PREMEDITATION. — Where the proof does not disclose a fixed determination on the part of the accused to kill the deceased it is error to apply the circumstance of evident premeditation in aggravation of the penalty.

    2. ID.; ID.; ID.; SEX. — It is error to apply the circumstance of sex in the aggravation of the crime of parricide committed by the accused by killing his wife.


    D E C I S I O N


    WILLARD, J. :


    The defendant in this case admitted his guilt, and the only question is as to the penalty. The court below took into consideration the aggravating circumstance numbered seven, nine, and twenty, and sentenced the defendant to death, the higher of the two indivisible penalties — life imprisonment and death - assigned to the crime of parricide by the Penal Code.

    We do not think that there was a sufficient evidence to prove the seventh circumstance — known the premeditation. If the defendant went to the house where his wife was for the purpose of killing her, it is not apparent why they traveled for an hour after leaving the house before he attacked her. Moreover, as suggested by the defendant’s counsel in his brief, the defendant would not have struck one blow only and have gone away, leaving his wife still alive, not knowing whether the blow was mortal or not, if he had entertained the fixed determination of putting an end to her existence. She did not, in fact, die until the end the next day. The account given by the defendant in the Court of First Instance is probably the truth. He says that his wife did not wish to go to the mountains, and quarreled with him all the way, until, in a fit of rage, he drew his bolo and struck her in the abdomen.

    The circumstance of sex (No. 20) is included in the crime itself in this particular case. The only thing which makes this offense parricide is the fact that the deceased was the wife of the defendant. To allow it as an aggravating circumstance would be to give it double effect.

    The same is true of the abuse of superiority (No. 9). That existed, if at all, by reason of the same fact, viz., that one person was a woman and the other a man. Neither of these circumstances should be taken into account.

    It is not necessary to consider whether the seventh extenuating circumstance existed or not. There were, in any event, no others, and in this crime one extenuating circumstance can not affect the penalty.

    The judgment is reversed, and the defendant is sentenced to life imprisonment, with the accessories and the costs.

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

    Separate Opinions


    JOHNSON, J., dissenting:chanrob1es virtual 1aw library

    It is my opinion that the judgment appealed from should be affirmed.

    G.R. No. 1655   March 29, 1904 - UNITED STATES v. LEON DE LA TORRE<br /><br />003 Phil 516




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