G.R. No. 30527 - Avoidance of Greater Evil

G.R. Nos.
L-30527-28 March 29, 1974
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
PIO RICOHERMOSO, SEVERO PADERNAL, JUAN PADERNAL, ROSENDO PERPEÑAN,
MACARIO MONTEREY and RITO MONTEREY, defendants, JUAN PADERNAL and SEVERO
PADERNAL, defendants-appellants.
Office of the Solicitor General Felix Q. Antonio, Assistant Solicitor General Antonio A. Torres and
Trial Attorney Lolita C. Dumlao for plaintiff-appellee.
Rogerio S. T. Cadag for defendants-appellants.
AQUINO, J.:p
Facts: Severo Padernal and Juan Padernal appealed from the decision of the Circuit
Criminal Court at Lucena City, convicting them of murder, sentencing each of them to
reclusion perpetua and ordering them to pay solidarily the sum of twelve thousand
pesos to the heirs of Geminiano de Leon and to pay the costs (Criminal Case No. CCC-
IX-37-Quezon or 1922-CFI-Gumaca). In the same decision they were convicted of
lesiones leves. Each one was sentenced to suffer the penalty of fifteen (15) days of
arresto menor and to pay the costs. Rosendo Perpeñan, Rito Monterey and Macario
Monterey were acquitted (Criminal Case No. CCC-IX-38-Quezon or 1923-CFI-
Gumaca). January 30, 1965 Geminiano de Leon owned a parcel of land in that barrio
which Ricohermoso cultivated as kaingin. Geminiano asked Ricohermoso about his
share of the palay harvest. He added that he should at least be allowed to taste the
palay harvested from his land. Ricohermoso answered that Geminiano could go to his
house anytime and he would give the latter palay. Geminiano rejoined that he could not
get the palay that morning because he was on his way to Barrio Bagobasin but, on his
return, he would stop at Ricohermoso's house and get the palay. When Geminiano
returned to Barrio Tagbacan Silangan, he stopped at Ricohermoso's place. Geminiano
asked Ricohermoso about the palay. The latter, no longer conciliatory and evidently
hostile, answered in a defiant tone: "Whatever happens, I will not give you palay."
Geminiano remonstrated: "Why did you tell us to pass by your house, if you were not
willing to give the palay?" As if by pre-arranged, Ricohermoso unsheathed his bolo and
approached Geminiano from the left, while Severo Padernal (Ricohermoso's father-in-
law) got an axe and approached Geminiano from the right. Geminiano, with both hands
raised and pleaded: "Mamay (Grandpa), why will you do this to us. We will not fight
you." While Geminiano was still looking up to Severo Padernal on his right,
Ricohermoso walked to Geminiano's left, and, when about one meter from him, stabbed
him on the neck with his bolo. Geminiano fell face downward on the ground. While in
that helpless position, he was hacked on the back with an axe by Severo Padernal. At
that same place and time, Juan Padernal (Ricohermoso's brother-in-law and the son of
Severo) suddenly embraced Marianito de Leon from behind, with his right arm locked
around Marianito's neck and his left hand pressing Marianito's left forearm. They
grappled and rolled downhill towards a camote patch. Marianito passed out. When he
regained consciousness, his rifle was gone. He walked uphill, saw his mortally wounded
father Geminiano in his death.
Issue: Concerns Juan Padernal, whether he conspired with Ricohermoso and Severo
Padernal to kill Geminiano de Leon.
Ruling: The Court held that their conduct revealed unity of purpose and a concerted
effort to encompass Geminiano's death. Appellant Juan Padernal invokes the justifying
circumstance of avoidance of a greater evil or injury (par. 4, Art. 11, Revised Penal
Code) in explaining his act of preventing Marianito de Leon from shooting Ricohermoso
and Severo Padernal. His reliance on that justifying circumstance is erroneous. The act
of Juan Padernal in preventing Marianito de Leon from shooting Ricohermoso and
Severo Padernal, who were the aggressors, was designed to insure the killing of
Geminiano de Leon without any risk to his assailants. Juan Padernal was not avoiding
any evil when he sought to disable Marianito. Padernal's malicious intention was to
forestall any interference in the felonious assault made by his father and brother-in-law
on Geminiano. That situation is unarguably not the case envisaged in paragraph 4 of
article 11. The circumstances surrounding the killing of Geminiano de Leon is alevosia
or treachery. His hands were raised and he was pleading for mercy with Severo
Padernal, when Ricohermoso struck him on the neck with a bolo. The fact that an
exchange of words preceded the assault would not negate the treacherous character of
the attack. Geminiano did not expect that Ricohermoso would renege on his promise to
give him palay and that he would adopt a bellicose attitude. Juan Padernal's role of
weakening the defense, by disabling Marianito de Leon, was part and parcel of the
means of execution deliberately resorted to by the assailants to insure the assassination
of Geminiano de Leon without any risk to themselves (Par. 16, Article 14, Revised
Penal Code). Treachery was appreciated in a case where the accused fired at the victim
who, with hands upraised, pleaded in a loud voice: "Do not shoot me; investigate first
what was my fault" (People vs. Barba, 97 Phil. 991. See People vs. Dagundong, 108
Phil. 682, 684, 693). As to the other case, L-30528, the charge against the appellants
was attempted murder with respect to Marianito de Leon. The trial court convicted them
lesiones leves. The case was included in this appeal apparently pursuant to the
provision in section 17(1) of the Judiciary Law that a case arising out of the same
occurrence, as that in which reclusion perpetua was imposed, is appealable to this
Court. In as much as Juan Padernal did not touch upon the lesiones leves case in his
brief, he, like his father Severo, seems to have acquiesced in the correctness of the trial
court's decision. WHEREFORE, the judgment of the lower court as to appellant Juan
Padernal is affirmed with costs against him.

G.R. No. 30527 - Avoidance of Greater Evil

Uploaded by

Copyright:

Available Formats

G.R. No. 30527 - Avoidance of Greater Evil

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

G.R. No. 30527 - Avoidance of Greater Evil

Uploaded by

Copyright:

Available Formats

G.R. Nos.

L-30527-28 March 29, 1974

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

Rogerio S. T. Cadag for defendants-appellants.

You might also like