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EN
BANC
THE
PEOPLE OF THE
PHILIPPINE ISLANDS,
Plaintiff-Appellee,
G.
R.
No. 40348
February
2, 1935
-versus-
IMPIT
GUMALING,
Defendant-Appellant.
D
E C I S I
O N
HULL,
J :
Appellant
was convicted
in the Court of First Instance of Davao of the crime of homicide,
having
killed one, Wee Sam. on December 16, 1932. The appeal is virtually a
question
as to the credibility of the witnesses.
We have reviewed the
evidence and find no reason to disturb the findings of the trial court.
The evidence shows
that Wee Sam was killed by the appellant and one Macla. A sergeant of
the
Philippine Constabulary testified as to his investigation of the case
and
what Macla had said as to the connection of appellant with the
homicide.
His testimony is of no value as against the appellant. However, Macla
himself
took the stand and testified as to appellant's participation in the
crime,
and such testimony is admissible.
The reception of the
inadmissible portion of the sergeant's testimony can be disregarded
without
affecting the result that naturally follows from the balance of the
testimony.
Its reception is, therefore, not a reversible error.
A sentence of fourteen
years, eight months, and one day of reclusion temporal is,
therefore,
awarded with a minimum sentence under the provisions of Act No. 4103 of
eight years of prision mayor. The indemnity is fixed at P1,000.
As thus modified, the
sentence is affirmed. Costs against appellant. So ordered.
Avanceña, C.J.,
Street, Abad Santos and Vickers, JJ., concur. |
