Scribd Logo
Upload

Welcome to Scribd!

  • 41 views

    People v. Gona

    Uploaded by

    Eunicqa Althea Santos
    The defendant was charged with homicide after killing Mansaca Mapudul with a bolo during a drunken quarrel. While the defendant intended to kill someone else (Mansaca Dunca), his mistaken identity did not relieve him of criminal responsibility. The court affirmed the defendant's conviction for homicide, stating that mistakenly killing the wrong person is not grounds for mitigation of the crime.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    People v. Gona

    Uploaded by

    Eunicqa Althea Santos
    41 views2 pages
    The defendant was charged with homicide after killing Mansaca Mapudul with a bolo during a drunken quarrel. While the defendant intended to kill someone else (Mansaca Dunca), his mistaken identity did not relieve him of criminal responsibility. The court affirmed the defendant's conviction for homicide, stating that mistakenly killing the wrong person is not grounds for mitigation of the crime.

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The defendant was charged with homicide after killing Mansaca Mapudul with a bolo during a drunken quarrel. While the defendant intended to kill someone else (Mansaca Dunca), his mistaken identity did not relieve him of criminal responsibility. The court affirmed the defendant's conviction for homicide, stating that mistakenly killing the wrong person is not grounds for mitigation of the crime.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    41 views2 pages

    People v. Gona

    Uploaded by

    Eunicqa Althea Santos
    The defendant was charged with homicide after killing Mansaca Mapudul with a bolo during a drunken quarrel. While the defendant intended to kill someone else (Mansaca Dunca), his mistaken identity did not relieve him of criminal responsibility. The court affirmed the defendant's conviction for homicide, stating that mistakenly killing the wrong person is not grounds for mitigation of the crime.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    EN BANC

    [G.R. No. 32066. March 15, 1930.]

    THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,


    vs. GONA (Mansaca), defendant-appellant.

    Jose Ma. Capili, for appellant.


    Attorney-General Jaranilla, for appellee.

    SYLLABUS

    1. HOMICIDE; MISTAKE AS TO VICTIM. — As a result of a quarrel, the


    defendant endeavored to kill D, but by mistake, killed M. Held, that his
    mistake in killing one man instead of another did not relieve him from
    criminal responsibility and could not even be considered a mitigating
    circumstance.

    DECISION

    OSTRAND, J : p

    The defendant was charged before the Court of First Instance of the
    Province of Davao with the crime of homicide, the information reading as
    follows:
    "That on or about October 26, 1928, in the municipal district of
    Pantukan, Province of Davao, Philippine Islands, and within the
    jurisdiction of the court, the said accused voluntarily, illegally, and
    criminally and with a bolo which he then carried, assaulted the
    Mansaca Mapudul, causing him a mortal wound on the left side of the
    neck and that, as a consequence of said wound, the said Mapudul
    died."
    Upon trial the court below found the defendant guilty as charged in the
    information and taking into consideration the extenuating circumstance of
    non-habitual intoxication, sentenced him to suffer twelve years and one day
    o f reclusion temporal with the accessory penalties prescribed by law, to
    indemnify the heirs of the deceased in the sum of P1,000, and to pay the
    costs. From this sentence the defendant appealed.
    It appears from the evidence that on the evening of October 26, 1928,
    a number of Mansacas celebrated a reunion in the house of the Mansaca
    Gabriel. There seems to have been a liberal supply of alcoholic drinks and
    some of the men present became intoxicated, with the result that a quarrel
    took place between the Mansaca Dunca and the defendant. Dunca and his
    son Aguipo eventually left the house and were followed by Mapudul and one
    CD Technologies Asia, Inc. © 2021 cdasiaonline.com
    Awad. The defendant left the house about the same time with intention of
    assaulting Dunca, but in the darkness of the evening and in the intoxicated
    condition of the defendant, he mistook Mapudul for Dunca and inflicted on
    him a mortal wound with a bolo.
    There can be no doubt that the defendant killed Mapudul and that he is
    guilty of the crime charged, but his attorney argues that in view of the fact
    that said defendant had no intention to kill the deceased and committed the
    crime by mistake, he should have been found guilty of homicide through
    negligence under paragraph 1 of article 568 of the Penal Code and not of the
    graver crime of intentional homicide. This contention is contrary to earlier
    decisions of this court. In the case of United States vs. Mendieta (34 Phil.,
    242), the court said:
    "Even admitting that the defendant intended to injure Hilario
    Lauigan instead of Pedro Acierto, even that, in view of the mortal
    wound which he inflicted upon the latter, in no way could be considered
    as a relief from his criminal act. That he made a mistake in killing one
    man instead of another, when it is proved that he acted maliciously
    and willfully, cannot relieve him from criminal responsibility. Neither do
    we believe that the fact that he made a mistake in killing the wrong
    man should be considered as a mitigating circumstance."
    The appealed sentence is affirmed with the costs against the
    defendant. So ordered.
    Johnson, Malcolm, Villamor, Johns, Romualdez and Villa-Real, JJ.,
    concur.

    CD Technologies Asia, Inc. © 2021 cdasiaonline.com

    You might also like