Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1905 > November 1905 Decisions > [G.R. No. 2184. November 11, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. APOLONIO PALANCA, Defendant-Appellant.:




EN BANC

[G.R. No. 2184.  November 11, 1905.]

THE UNITED STATES, Plaintiff-Appellee, vs. APOLONIO PALANCA, Defendant-Appellant.

 

D E C I S I O N

TORRES, J.:

On the 27th of May, 1904, the Defendant, Apolonio Palanca, was charged by the provincial fiscal of La Laguna with the crime of homicide committed as follows: Between 8 and 09 o'clock in the evening of April 30, 1904, the accused attacked the deceased Jose Monteagudo in Calle Dolores, town of Nagcarlang, La Laguna, inflicting upon his body with a bolo several wounds which resulted in his death shortly afterwards, contrary to the statute in such case made and provided.

After hearing the evidence introduced at the trial, the court, on August 12 following, entered judgment convicting the accused of the crime charged in the complaint and sentenced him to twelve years and one day imprisonment (reclusion temporal), to indemnify the heirs of the deceased in the amount of 1,000 pesos, Philippine currency, and to pay the costs. From this judgment the Defendant appealed.

It was conclusively proved at the trial of this case that on the night in question several young men (among them being Sergio Cruzare, Luis Gosaico, Crisanto Gosaico, Melchor Angeles, Bernardo Ibañez, and Jose Monteagudo) gathered in the street referred to; that the Defendant, Apolonio Palanca, approached them, and calling Sergio Cruzare, asked him whether his brother- in-law Monteagudo was among those present. Upon being answered in the affirmative, Palanca called to Monteagudo and stabbed him with a bolo; that the young men in the group heard the deceased cry out that he had been stabbed by the Defendant, and they immediately ran to his assistance; that the deceased then repeated that Palanca had stabbed him; that Bernardo Ibañez asked Palanca why he had stabbed the deceased, and Palanca rushed at him threatening to kill everyone present; that Ibañez then went in search of the police, who arrived shortly afterwards and arrested the Defendant. The witnesses further testified that they had seen the deceased, who died an hour later, his clothes being saturated with blood.

According to the autopsy made by the president of the local board of health who shortly after the occurrence went to the drug store where Monteagudo had been taken for treatment, he found the latter in a dying condition with a wound in the left forearm, severing the humeral and other arteries, causing a hemorrhage which the said president of the board of health was unable to stop. The wound was inflicted with an ordinary bolo.

The act committed by the accused constitutes the crime of homicide as defined and punished in article 404 of the Penal Code. There is no evidence that the commission of the crime was attended by any circumstance which would increase the penalty.

The evidence introduced by the prosecution shows that Apolonio Palanca is the sole author of the death of Jose Monteagudo. The defense was unable to overcome the positive testimony of the prosecution, notwithstanding the denial of the accused that he killed the deceased, his plea of not guilty, and the evidence introduced by him at the trial to established his innocence.

It was Palanca who, prior to the occurrence, ascertained from Sergio Cruzare that the deceased was among those present and who called to Monteagudo, who, shortly after he had approached Palanca, was heard to cry that he had been stabbed by the latter, repeating the same thing in the presence of certain witnesses before he died. Palanca attempted to attack with his bolo the young men who were present, particularly Ibañez, upon the latter asking him why he had stabbed the deceased. There is no doubt, therefore, that Palanca killed Jose Monteagudo. The allegation that Eusebio Vita, one of the policemen called by the eye witnesses, was the aggressor, is not borne out by the record. When the police arrived at the place of the occurrence, the deceased had already been wounded. Moreover, according to the testimony of the defense, the policeman was armed with a dagger, while the proof shows that deceased was wounded with a bolo.

The only witness who testified in support of the contention of the defense was Mariano Manas, but he was not present at the time of the killing. When he arrived, Monteagudo had, according to the testimony of Manas himself, already been wounded. He did not see anyone else stab the deceased, but was informed at the place where the killing occured that Palanca was the one who did the killing.

We agree with the trial court that the extenuating circumstance of paragraph 5, article 9, of the Penal Code should be taken into consideration. There being no aggravating circumstances, the penalty should therefore be imposed in its minimum degree.

Even admitting that the statements made by the witnesses in the affidavits presented with the motion for a new trial were true, they could not overcome the proof introduced by the prosecution. Nor has it been shown that the evidence sought to be introduced at the new trial could not by the exercise of due diligence, have been discovered before the trial in the court below. The evidence could not therefore be considered "newly discovered," under section 42 of General Orders, No. 58, and the rule laid down by this court in the case of the United States vs. Francisco de Leon (1 Phil. Rep., 188).

The judgment appealed from should be affirmed with costs of this instance, and the accused further sentenced to the accessory penalties prescribed by article 59 of the Penal Code, and to pay an indemnification of 1,000 pesos to the heirs of the deceased. Let the case be remanded to the trial court with a certified copy of the judgment entered in accordance herewith for execution. SO ORDERED.

Arellano, C.J., Mapa, Johnson, Carson and Willard, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-1905 Jurisprudence                 

  • [G.R. No. 1207. November 2, 1905.] PIA BASA, ET AL., Plaintiffs-Appellants, vs. JOSE CLARO ARQUIZA, ET AL., Defendants-Appellees.

  • [G.R. No. 1497. November 2, 1905.] TOMANA VERA MOGUER, Plaintiff-Appellant, vs. RITA JUAN CARBALLO, ET AL., Defendants-Appellees.

  • [G.R. No. 2206. November 2, 1905.] MANUEL GASPAR, Plaintiff-Appellees, vs. JUAN B. MOLINA, Defendant-Appellant.

  • [G.R. No. 2263. November 2, 1905.] CIPRIANO SANIDAD, Plaintiff-Appellee, vs. SIMON CABOTAJE, Defendant-Appellant.

  • [G.R. No. 2304. November 3, 1905.] EL BANCO ESPA�OL-FILIPINO, Plaintiff-Appellant, vs. FULGENCIO TAN-TONGCO, ET AL., Defendant-Appellees.

  • [G.R. No. 1078. November 7, 1905.] JOHN W. HOEY, Petitioner, vs. R.C. BALDWIN, Respondent.

  • [G.R. No. 1791. November 7, 1905.] EMILIO BUENO, Plaintiff-Appellee, vs. LA COMPANIA MINAS DE CARBON DE BATAN, Defendant-Appellant.

  • [G.R. No. 2089. November 7, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. ENRIQUE RIJANO, Defendant-Appellant.

  • [G.R. No. 2297. November 7, 1905.] CONSTANCIO JOAQUIN, administrator of the estate of Teodoro Patricio, Plaintiff-Appellant, vs. MANUEL G. ESPINOSA, Defendant-Appellee.

  • [G.R. No. 1341. November 8, 1905.] URSULA LIQUETE, Plaintiff-Appellee, vs. EULALIO DARIO, Defendant-Appellant.

  • [G.R. No. 1528. November 10, 1905.] JOSE ENRIQUEZ, Plaintiff-Appellant, vs. AURORA BARRIO, guardian of her minor children, Defendant-Appellee.

  • [G.R. No. 1975. November 10, 1905.] THE CITY OF MANILA, Plaintiff-Appellant, vs. EL MONTE DE PIEDAD Y CAJA DE AHORROS DE MANILA, Defendant-Appellee.

  • [G.R. No. 2296. November 10, 1905.] J.F. WRIGHT, Plaintiff-Appellee, vs. LA COMPANIA DE TRANVIAS, ET AL., Defendants-Appellants.

  • [G.R. No. 2322. November 10, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. BASILISO BASTAS and DIONISIO DE LA SERNA, Defendants-Appellants.

  • [G.R. No. 2332. November 10, 1905.] MIGUEL EVANGELISTA, Plaintiff-Appellant, vs. TRANQUILINO BASCOS, ET AL., Defendants-Appellees.

  • [G.R. No. 1308. November 11, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. PEDRO GIRON, Defendant-Appellant.

  • [G.R. No. 1642. November 11, 1905.] JUAN NOEL, Plaintiff-Appellee, vs. MARIANO LASALA, Defendant-Appellant.

  • [G.R. No. 2008. November 11, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. EUGENIO PAGDAYUMAN ET AL., Defendants-Appellants.

  • [G.R. No. 2184. November 11, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. APOLONIO PALANCA, Defendant-Appellant.

  • [G.R. No. 2371. November 11, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. MAXIMO AUSTRIA, ET AL., Defendants-Appellants.

  • [G.R. No. 2425. November 11, 1905.] THE UNITED STATES, Plaintiff and Appellees, vs. The Chinaman UN CHE SAT, ET AL., Defendants-Appellants.

  • [G.R. No. 2444. November 11, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. MAXIMO CAGARA, Defendant-Appellant.

  • [G.R. No. 1440. November 14, 1905.] THE UNITED STATES, complainant-Appellee, vs. C.M. JENKINS, ET AL., Defendants-Appellants.

  • [G.R. No. 2773. November 14, 1905.] HARRY J. COLLINS, Petitioner-Appellee, vs. G.N. WOLFE, Warden of Bilibid Prison, Respondent-Appellant.

  • [G.R. No. 1898. November 15, 1905.] THE UNITED STATES, Plaintiff-Appellant, vs. WILLIAM B. BALLENTINE, Defendant-Appellee.

  • [G.R. No. 2121. November 15, 1905.] THE PHILIPPINE SUGAR ESTATES DEVELOPMENT COMPANY, LIMITED, Plaintiff-Appellant, vs. ANTONIO IRIBAR, Defendant-Appellee.

  • [G.R. No. 1465. November 17, 1905.] ALFREDO CHANCO, administrator of the estate of Maximo Madrilejos, et al., Plaintiff-Appellant, vs. ANACLETA MADRILEJOS, ET AL., Defendants-Appellees.

  • [G.R. No. 1789. November 17, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. APOLONIO DE OCAMPO, ET AL., Defendants-Appellants.

  • [G.R. No. 2125. November 15, 1905.] PEDRO IBA�EZ, Plaintiff-Appellee, vs. ANA ORTIZ, Defendant-Appellant.

  • [G.R. No. 2631. October 21, 1905.] EDWIN H. WARNER, Petitioner-Appellee, vs. 771 OBJECTORS, Appellants.

  • [G.R. No. 2019. November 20, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. ANTONIO FORMENTOS, ET AL, Defendants-Appellants.

  • [G.R. No. 1165. November 21, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. RUFINO FELIPE, Defendant-Appellant.

  • [G.R. No. 1261. November 21, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. PACIANO ANONUEVO, Defendant-Appellant.

  • [G.R. No. 1647. November 21, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. ADAUCTO OCAMPO, Defendant-Appellant.

  • [G.R. No. 2289. November 21, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. JOE HUTCHINSON, Defendant-Appellant.

  • [G.R. No. 1693. November 22, 1905.] FRANCISCO MARTINEZ GARCIA, Petitioner, vs. JOHN S. SWEENEY, judge of the Court of First Instance of Manila, Respondent.

  • [G.R. No. 2436. November 22, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. GUILLERMO MAZA, Defendant-Appellant.

  • [G.R. No. 2153. November 23, 1905.] H. FRANKEL AND W.L. WRIGHT, Plaintiffs-Appellants, vs. M.A. CLARKE, Defendant-Appellee.

  • [G.R. No. 1036. November 25, 1905.] THE UNITED STATES, Plaintiff-Appellee, vs. REGINO VALENCIA, ET AL., Defendants-Appellants.

  • [G.R. No. 1696. November 27, 1905.] VICENTA RODRIGUEZ, administratrix of the estate of Lorenza Rodriguez, Plaintiff-Appellee, vs. MARIANO LANALA, Defendant-Appellant.

  • G.R. No. 1207 November 2, 1905 - PIA BASA v. JOSE CLARO ARQUIZA, ET AL.

    005 Phil 187

  • G.R. No. 1497 November 2, 1905 - TOMANA VERA MOGUER v. RITA JUAN CARBALLO, ET AL.

    005 Phil 195

  • G.R. No. 2206 November 2, 1905 - MANUEL GASPAR v. JUAN B. MOLINA

    005 Phil 197

  • G.R. No. 2263 November 2, 1905 - CIPRIANO SANIDAD v. SIMON CABOTAJE

    005 Phil 204

  • G.R. No. 2304 November 3, 1905 - EL BANCO ESPAÑOL-FILIPINO v. FULGENCIO TAN-TONGCO, ET AL.

    005 Phil 208

  • G.R. No. 1078 November 7, 1905 - JOHN W. HOEY v. R.C. BALDWIN

    005 Phil 209

  • G.R. No. 1791 November 7, 1905 - EMILIO BUENO v. LA COMPAÑIA MINAS DE CARBON DE BATAN

    005 Phil 210

  • G.R. No. 2089 November 7, 1905 - UNITED STATES v. ENRIQUE RIJANO

    005 Phil 215

  • G.R. No. 2297 November 7, 1905 - CONSTANCIO JOAQUIN v. MANUEL G. ESPINOSA

    005 Phil 219

  • G.R. No. 1341 November 8, 1905 - URSULA LIQUETE v. EULALIO DARIO

    005 Phil 221

  • G.R. No. 1284 November 10, 1905 - CITY OF MANILA v. JACINTO DEL ROSARIO

    005 Phil 227

  • G.R. No. 1528 November 10, 1905 - JOSE ENRIQUEZ v. AURORA BARRIO

    005 Phil 232

  • G.R. No. 1975 November 10, 1905 - CITY OF MANILA v. EL MONTE DE PIEDAD Y CAJA DE AHORROS DE MANILA

    005 Phil 234

  • G.R. No. 2296 November 10, 1905 - J.F. WRIGHT v. LA COMPAÑIA DE TRANVIAS, ET AL.

    005 Phil 242

  • G.R. No. 2322 November 10, 1905 - UNITED STATES v. BASILISO BASTAS, ET AL.

    005 Phil 251

  • G.R. No. 2332 November 10, 1905 - MIGUEL EVANGELISTA v. TRANQUILINO BASCOS, ET AL.

    005 Phil 255

  • G.R. No. 1308 November 11, 1905 - UNITED STATES v. PEDRO GIRON

    005 Phil 257

  • G.R. No. 1642 November 11, 1905 - JUAN NOEL v. MARIANO LASALA

    005 Phil 260

  • G.R. No. 2008 November 11, 1905 - UNITED STATES v. EUGENIO PAGDAYUMAN, ET AL.

    005 Phil 265

  • G.R. No. 2184 November 11, 1905 - UNITED STATES v. APOLONIO PALANCA

    005 Phil 269

  • G.R. No. 2371 November 11, 1905 - UNITED STATES v. MAXIMO AUSTRIA, ET AL.

    005 Phil 272

  • G.R. No. 2425 November 11, 1905 - UNITED STATES v. UN CHE SAT

    005 Phil 274

  • G.R. No. 2444 November 11, 1905 - UNITED STATES v. MAXIMO CAGARA

    005 Phil 277

  • G.R. No. 1440 November 14, 1905 - UNITED STATES v. C.M. JENKINS, ET AL.

    005 Phil 278

  • G.R. No. 2773 November 14, 1905 - HARRY J. COLLINS v. G.N. WOLFE

    005 Phil 285

  • G.R. No. 1898 November 15, 1905 - UNITED STATES v. WILLIAM B. BALLENTINE

    005 Phil 312

  • G.R. No. 2121 November 15, 1905 - PHIL. SUGAR ESTATES DEVELOPMENT COMPANY v. ANTONIO IRIBAR

    005 Phil 316

  • G.R. No. 1465 November 17, 1905 - ALFREDO CHANCO v. ANACLETA MADRILEJOS, ET AL.

    005 Phil 319

  • G.R. No. 1789 November 17, 1905 - UNITED STATES v. APOLONIO DE OCAMPO, ET AL.

    005 Phil 324

  • G.R. No. 2125 November 15, 1905 - PEDRO IBAÑEZ v. ANA ORTIZ

    005 Phil 325

  • G.R. No. 2019 November 20, 1905 - UNITED STATES v. ANTONIO FORMENTOS, ET AL

    005 Phil 332

  • G.R. No. 1165 November 21, 1905 - UNITED STATES v. RUFINO FELIPE

    005 Phil 333

  • G.R. No. 1261 November 21, 1905 - UNITED STATES v. PACIANO ANONUEVO

    005 Phil 336

  • G.R. No. 1647 November 21, 1905 - UNITED STATES v. ADAUCTO OCAMPO

    005 Phil 339

  • G.R. No. 2289 November 21, 1905 - UNITED STATES v. JOE HUTCHINSON

    005 Phil 343

  • G.R. No. 1693 November 22, 1905 - FRANCISCO MARTINEZ GARCIA v. JOHN S. SWEENEY

    005 Phil 344

  • G.R. No. 2436 November 22, 1905 - UNITED STATES v. GUILLERMO MAZA

    005 Phil 346

  • G.R. No. 2153 November 23, 1905 - H. FRANKEL, ET AL. v. M.A. CLARKE

    005 Phil 348

  • G.R. No. 1036 November 25, 1905 - UNITED STATES v. REGINO VALENCIA

    005 Phil 352

  • G.R. No. 1696 November 27, 1905 - VICENTA RODRIGUEZ v. MARIANO LANALA

    005 Phil 357