Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1909 > March 1909 Decisions > [G. R. No. 4912. March 25, 1909.] THE UNITED STATES, Plaintiff-Appellee, vs. EMILIA GUY-SAYCO, Defendant-Appellant. :




EN BANC

[G. R. No.  4912.  March 25, 1909.]

THE UNITED STATES, Plaintiff-Appellee, vs. EMILIA GUY-SAYCO, Defendant-Appellant.

 

D E C I S I O N

TORRES, J.:

Long before the commission of the crime herein prosecuted, Gelasio Galupitan, the husband of the accused, entered into unlawful relations with the deceased Lorenza Estrada; all were residents of the town of Santa Cruz, the capital of the Province of La Laguna.

The accused, Emilia Guy-Sayco, duly became aware of this relation.  As her husband had stayed away from home for more than two weeks, remaining in the barrio of Dujat, distant about two and one-half hours’ walk from the said town under the pretext that he was engaged in field work, on the 20th of March, 1907, at about 2 p. m., she decided to go to said barrio and join him.  To this end she hired a carromata, and after getting some clothes and other things necessary for herself and husband, started out with her infant child and a servant girl; but before reaching the barrio and the camarin where her husband ought to be, night came on, and at about 7 o’clock she alighted and dismissed the vehicle after paying the driver.  They had yet to travel some distance, and for fear of being attacked she disguised herself, using her husband’s clothes and a hat given to her by her companion, and dressed in this manner they continued on their way.  On seeing her husband’s horse tied in front of a house she suspected that he was inside;  thereupon she went to the steps leading to the house, which was a low one, and then saw her husband sitting down with his back toward the steps.  She immediately entered the house and encountered her husband, the deceased, and the owners of the house taking supper together.  Overcome and blinded by jealousy she rushed at Lorenza Estrada, attacked her with a penknife that she carried, and inflicted five wounds upon her in consequence of which Lorenza fell to the ground covered with blood and died a few moments afterwards.  The accused left the house immediately after the aggression, and went  to that of Modesto Ramos where she changed her clothes.

From an examination of the body made on the following day  by Dr. Gertrudo Reyes, it appeared that five wounds had been inflicted by a cutting and pointed weapon, one of which was on the left side of the breast and penetrated the left ventricle of the heart; this wound was of necessity mortal, the others being more or less serious.

A complaint was thereupon filed by the provincial fiscal on May 31, 1907, and the corresponding proceedings were instituted.  The court below entered judgment on June 29 1908  sentencing the accused, Emilia Guy-Sayco, to the penalty of twelve years and one day of reclusion temporal, to suffer the accessory penalties, to indemnify the heirs of the  deceased in the sum of P1,000, and to pay the costs.  From said judgment she has appealed.

The above-stated facts, which have been fully proven in this case, constitute the crime of homicide defined and punished by  article 404 of the Penal Code, for the reason that in the violent death of Lorenza Estrada, occasioned by the infliction of several wounds, one of which was mortal, none of the circumstances were present that qualify the crime of assassination and call for a heavier penalty as imposed by the previous article 403 of the code.

The reality and certitude of the crime at bar cannot be denied.  It has been proven by the testimony of several witnesses, to wit, Roberto Villaran, Susana de Mesa, the owners of the house, and Maria Ramos, all of whom witnessed the aggression; they saw the decreased die as the result of five wounds inflicted upon her, one of which was, of  necessity mortal; it was also proven by the testimony of the surgeon who examined the body, which was seen by the said witnesses and by others who went to the place of the occurrence.

The accused pleaded not guilty, and in exculpation she alleged that, when Lorenza Estrada saw her and heard her remonstrate with her husband, she being then upstairs, Lorenza at once asked what had brought her there and manifested her intention to attack her with a knife that she carried in her hand, whereupon the accused caught the deceased by the right hand, in which she held the weapon, and immediately grappled with her, and in the struggle that ensued she managed to get hold of a penknife that she saw on the floor close by; she could not say whether she struck the deceased with it as she could not account for what followed.

From this allegation of the accused, her counsel, with a view to asking that she be absolved, claims that in wounding the deceased she acted in proper self-defense.

It has been proven beyond a reasonable doubt that as soon as the accused entered the house where she found her husband, without saying a word, she attacked the deceased with a penknife and inflicted wounds that caused the immediate death of the latter.  Such an allegation cannot therefore be admitted, been though corroborated by the husband and the servant of the accused, inasmuch as the testimony of the latter is entirely contradicted and destroyed by the testimony of the witnesses for the prosecution, who were present at the aggression, and who deny that the servant was present; it is not true that a penknife was found on the floor of the house; its is probable that the instrument with which the crime was committed was carried by the accused when she went to said house; and even though it were true that when the accused, Emilia, made her appearance, the deceased Lorenza arose with a knife in her hand and in a threatening manner asked the accused what had brought her there, such attitude, under the provisions of article 8, No. 4 of the Penal Code, does not constitute that unlawful aggression, which, among others, is the first indispensable requisite upon which exemption by reason of self-defense may be sustained.

In order to consider that an unlawful aggression was actually committed, it is necessary that an attack or material aggression, an offensive act positively determining the intent of the aggressor to cause an injury shall have been make; a mere threatening or intimidating attitude is not sufficient to justify the commission of an act which is punishable per se, and allow a claim of exemption from liability on the ground that it was committed in self-defense.  It has always been so recognized in the decisions of the courts, in  accordance with the provisions of the Penal Code.

In the commission of the crime the presence of mitigating circumstance No. 7 of article 9 of the code should be considered, without any aggravating circumstance to neutralize its effects, for the reason that it has been proven that the accused, at the time when the crime was committed, acted upon the impulse of passion and under great jealous excitement at the sight of her husband taking supper in the company of his mistress, after he had been absent from the conjugal dwelling for several days.

As to the penalty of indemnity contained in the judgment appealed from and impugned by the defense, article 17 of the code reads: chanrobles virtualawlibrary “Every person criminally liable for a crime or misdemeanor is also civilly liable,” and according to the established rule of the courts, in order that an accused person may be declared to have incurred civil liability, it is sufficient that said liability shall proceed from, or be the  consequence of the criminal liability, and in addition thereto, article 122 of said code provides that the courts shall regulate the amount of indemnity for damages under said civil liability, upon the same terms as prescribed for the reparation of damage in article 121 of the code, and a finding on the matter should be contained in the judgment.

For the reasons above set forth it is our opinion that the judgment  appealed from should be affirmed, as we do hereby affirm it in all its parts with costs against the Appellant.  SO ORDERED.

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

 

Separate Opinions

 

WILLARD, J., dissenting: chanrobles virtualawlibrary

I think that the aggravating circumstance of disguise should be applied, and I do not agree with that part of the decision which treats of the matter of aggression ilegitima.




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  • G.R. No. 4978 March 1, 1909 - UNITED STATES v. MELECIO MABILING

    013 Phil 70

  • G.R. No. 4761 March 2, 1909 - GUTIERREZ HERMANOS v. MARIANO FUENTEBELLA

    013 Phil 74

  • G.R. No. 4874 March 2, 1909 - MARIANO VELOSO v. ANICETA FONTANOSA

    013 Phil 79

  • G.R. No. 4899 March 2, 1909 - JUANA DIZON v. EDMUNDO ULLMANN

    013 Phil 88

  • G.R. No. 4443 March 4, 1909 - CHO CHUNG LUNG v. FIGUERAS HERMANOS

    013 Phil 93

  • G.R. No. 4929 March 5, 1909 - JUAN BUENCAMINO v. NICASIA VICEO

    013 Phil 97

  • G.R. No. 4979 March 5, 1909 - UNITED STATES v. VICTOR ABLANA

    013 Phil 103

  • G.R. No. 3545 March 6, 1909 - REGINO ARISTON v. MANUEL CEA, ET AL.

    013 Phil 109

  • G.R. No. 3805 March 6, 1909 - ALBINO SARMIENTO v. IGNACIO VILLAMOR

    013 Phil 112

  • G.R. No. 4202 March 9, 1909 - MAMERTO GILLESANIA, ET AL. v. NICOLAS MENASALVAS, ET AL.

    013 Phil 116

  • G.R. No. 4714 March 9, 1909 - UNITED STATES v. EUSEBIO BURIAS, ET AL.

    013 Phil 118

  • G.R. No. 5099 March 9, 1909 - ANGEL ORTIZ v. GRANT TRENT

    013 Phil 130

  • G.R. No. 5144 March 9, 1909 - BEHN, MEYER & CO., LTD. v. COURT OF FIRST INSTANCE OF MANILA, ET AL.

    013 Phil 133

  • G.R. No. 4119 March 11, 1909 - EUGENIA PAGALARAN v. VALENTIN BALLATAN, ET AL.

    013 Phil 135

  • G.R. No. 5000 March 11, 1909 - UNITED STATES v. VICTOR SANTO NIÑO

    013 Phil 141

  • G.R. No. 5007 March 11, 1909 - SONG FO & CO. v. TIU CA SONG

    013 Phil 143

  • G.R. No. 5013 March 11, 1909 - JEREMIAH J. HARTY v. MUNICIPALITY OF VICTORIA

    013 Phil 152

  • G.R. No. 5200 March 11, 1909 - VICENTE BANDOY v. JUDGE OF THE COURT OF FIRST INSTANCE

    013 Phil 157

  • G.R. No. 3894 March 12, 1909 - JUAN IBAÑEZ DE ALCOA v. INSULAR GOVERNMENT

    013 Phil 159

  • G.R. No. 4555 March 12, 1909 - SEVERO HERNANDO v. SEVERO SAMBRANO

    013 Phil 175

  • G.R. No. 4962 March 12, 1909 - UNITED STATES v. VICENTE AGBAYANI

    013 Phil 178

  • G.R. No. 5030 March 12, 1909 - JUAN M. MANZANO v. JOSE TAN SUNCO

    013 Phil 183

  • G.R. No. 4802 March 13, 1909 - ANDRES PUIG, ET AL. v. ANTONIO MERCADO

    013 Phil 186

  • G.R. No. 4776 March 18, 1909 - MANUEL ORMACHEA TIN-CONGCO v. SANTIAGO TRILLANA

    013 Phil 194

  • G.R. No. 5002 March 18, 1909 - MARTIN BELEN, ET AL. v. ALEJO BELEN

    013 Phil 202

  • G.R. No. 3678 March 19, 1909 - CELESTINA SANTOS, ET AL. v. JUANA MARQUEZ, ET AL.

    013 Phil 207

  • G.R. No. 4898 March 19, 1909 - SALVADOR GUERRERO v. LEOPOLDO TERAN

    013 Phil 212

  • G.R. No. 4114 March 20, 1909 - JUAN BRUSAS v. EUTIQUIO INFANTE

    013 Phil 217

  • G.R. No. 4861 March 20, 1909 - F. W. PRISING v. MILTON E. SPRINGER

    013 Phil 223

  • G.R. No. 2935 March 23, 1909 - GOVERNMENT OF THE PHIL. v. GEORGE I. FRANK

    013 Phil 236

  • G.R. No. 3643 March 23, 1909 - AMBROSIA POSTIGO v. DOLORES BORJAL

    013 Phil 240

  • G.R. No. 3683 March 23, 1909 - MARIANO PERFECTO v. MUNICIPALITY OF GUINOBATAN

    013 Phil 245

  • G.R. No. 4275 March 23, 1909 - PAULA CONDE v. ROMAN ABAYA

    013 Phil 249

  • G.R. No. 4610 March 23, 1909 - AGUSTIN GA. GAVIERES v. FLORA BROTO

    013 Phil 266

  • G.R. No. 4891 March 23, 1909 - SOFIA DEVESA v. CRISPIN ARBES

    013 Phil 273

  • G.R. No. 5045 March 23, 1909 - GUILLERMO BOWLER v. PASTRO ALCAZAR

    013 Phil 282

  • G.R. No. 4796 March 25, 1909 - UNITED STATES v. SILVERIO PEREZ, ET AL.

    013 Phil 287

  • G.R. No. 4912 March 25, 1909 - UNITED STATES v. EMILIA GUY-SAYCO

    013 Phil 292

  • G.R. No. 5008 March 25, 1909 - IN RE: MANUELA AMANCIO TOMAS, ET AL. v. JORGE PARDO

    013 Phil 297

  • G.R. No. 3413 March 27, 1909 - POMPOSA BONJOC, ET AL. v. CANDELARIO CUISON

    013 Phil 301

  • G.R. No. 3876 March 27, 1909 - RUFINA YATCO v. JESUALDO GANA

    013 Phil 305

  • G.R. No. 4053 March 27, 1909 - IN RE: SERAFIN CANO URQUISA

    013 Phil 315

  • G.R. No. 4575 March 27, 1909 - TEODORICA ENDENCIA CUSAR v. INSULAR GOVERNMENT

    013 Phil 319

  • G.R. No. 4783 March 27, 1909 - LUCIO J. BUZON v. INSULAR GOVERNMENT, ET AL.

    013 Phil 324

  • G.R. No. 4799 March 27, 1909 - AGRIPINO SEGOVIA v. PROVINCIAL BOARD OF ALBAY, ET AL.

    013 Phil 331

  • G.R. No. 4825 March 27, 1909 - UNITED STATES v. BERNARDO SANCHEZ

    013 Phil 337

  • G.R. No. 4882 March 27, 1909 - RUPERTO MONTINOLA v. LUCRECIO HOFILENA, ET AL.

    013 Phil 339

  • G.R. No. 4937 March 27, 1909 - CRISPULO SIDECO v. FRANCISCO PASCUA

    013 Phil 342

  • G.R. No. 4946 March 27, 1909 - MANILA RAILROAD COMPANY v. MARIA DEL CARMEN RODRIGUEZ, ET AL.

    013 Phil 347

  • G.R. No. 4966 March 27, 1909 - LUCIO BUZON v. MAXIMO LICAUCAO, ET AL.

    013 Phil 354

  • G.R. No. 5074 March 27, 1909 - VICENTA FRANCO v. C. W. O’BRIEN

    013 Phil 359

  • G.R. No. 4192 March 29, 1909 - DAVID SALVACION v. EUSTAQUIO SALVACION

    013 Phil 366

  • G.R. No. 4559 March 29, 1909 - TOMAS S. GUISON v. INSULAR GOVERNMENT

    013 Phil 374

  • G.R. No. 4952 March 29, 1909 - TOMAS OLINO v. MARIANO MEDINA

    013 Phil 379

  • G.R. No. 4329 March 30, 1909 - UNITED STATES v. EPIFANIO MAGCOMOT, ET AL.

    013 Phil 386

  • G.R. No. 4226 March 31, 1909 - LA COMPANIA GENERAL DE TABACOS DE FILIPINAS v. CANDIDA OBED, ET AL.

    013 Phil 391

  • G.R. No. 4380 March 31, 1909 - UNITED STATES v. ESTANISLAO ANABAN, ET AL.

    013 Phil 398

  • G.R. No. 4462 March 31, 1909 - UNITED STATES v. AGRIPINO ZABALLERO, ET AL.

    013 Phil 405

  • G.R. No. 4705 March 31, 1909 - UNITED STATES v. ANTONINA LAMPANO, ET AL.

    013 Phil 409

  • G.R. No. 4885 March 31, 1909 - UNITED STATES v. VIDAL ROLDAN

    013 Phil 415

  • G.R. No. 4894 March 31, 1909 - GEO WHALEN v. PASIG IRON WORKS

    013 Phil 417

  • G.R. No. 4911 March 31, 1909 - UNITED STATES v. AGUSTIN CONCEPCION, ET AL.

    013 Phil 424