People vs. Umali (digest)

G.R. No. L-5803

November 29, 1954

THE PEOPLE OF THE PHILIPPINES,  plaintiff-appellee, vs. NARISO !"ALI, ET AL., defendants. AL.,  defendants. NARISO !"ALI, EPIFANIO PAS!"#AL $%& ISI'RO APINO, defendants-appellants. APINO,  defendants-appellants. TOPI( Se&)*)o% FATS( Umali, FATS( Umali, Pasumbal, and Capino were found guilty by the CFI of Quezon provine of the omple! rime of rebellion with multiple murder, frustrated murder, arson and robbery said to have been ommitted during the raid staged by armed men in the town of "iaong, Quezon. "he said raid resulted in the burning down and omplete destrution of houses, inluding that of #ayor Punzalan. $ome of the raiders also engaged in looting and in robbing one house and two Chinese stores until they were dispersed and driven from the town by the Philippine %rmy soldiers. "he reords revealed that Congressman Umali and #ayor Punzalan were old time friends and belonged to the same politial fation. "hese friendly relations, however, did not endure. In the eletions of &'(&, Punzalan ran for reeletion. "o "o oppose him, Umali pi)ed Pasumbal, his trusted leader. Punzalan won. *aturally, *aturally, Umali and Pasumba Pasumball were )eenly disappo disappointe inted. d. It appears appears that on the night before before the eletions, eletions, Umali Umali instrut instruted ed Pasumbal Pasumbal to ontat the +u)s so that Punzalan will be )illed. "he raid was then arried out by the +u) troops numberi numbering ng about about (, armed with garands garands and arbine arbines. s. Part of the ontingen ontingentt went went in the diretion diretion of  Punzalans house and atta)ed it with automati weapons, hand grenades, and even with bottles filled with gasoline. It was evident that the purpose of the atta) on Punzalans house was to )ill him. Fortunately, however, Punzalan left early that morning to go to uena, the apital. ISS!E( /0* ISS!E( /0* the trial ourt is orret in finding the aused guilty of the omple! rime of rebellion with multiple murder, frustrated murder, arson and robbery HEL'( No. "he Court ruled that the prinipal and main 1though not neessarily the most serious2 rime ommitted here was not rebellion but rather that of sedition. "he purpose of the raid and the at of the raiders in rising publily and ta)ing up arms was not e!atly against the 3overnment and for the purpose of doing the things defined in  %rtile &45 of the 6PC under rebellion. rebellion. "he raiders did not even atta) the Presidenia, Presidenia, the seat of loal 3overnment. 6ather, the ob7et was to attain by means of fore, intimidation, et. one ob7et, to wit, to inflit an at of hate or revenge upon the person or property of a publi offiial, #ayor Punzalan. Under %rtile &4' of the same Code, this was suffiient to onstitute sedition. A+ re$r&+ *e r)me o/ robber, robber , it was not one of the purposes of the raid, whih was mainly to )idnap or )ill Punza Punzalan lan and and dest destroy roy his his hous house. e. "he "he robbe robberie ries s were were atua atually lly ommi ommitte tted d by only only some some of the the raide raiders, rs, presumably dissidents, as an afterthought, beause of the opportunity offered by the onfusion and disorder  resulting from the shooting and the burning of the three houses, the artiles being intended presumably to replenish the supplies of the dissidents in the mountains. For these robberies, only those who atually too) part therein are responsible, and not the three appellants herein. )* re+e* *o *e r)me o/ m*)e /r+*r$*e& mr&er , mr&er , while the assault upon a polieman with a hand grenade ausing him in7uries resulting in his blindness in one eye may be regarded as frustrated murder, the wounding of five other people should be onsidered as mere physial in7uries. Te r)me+ omm)**e& $re, *ere/ore, *o+e o/ +e&)*)o%, m*)e mr&er, $r+o%, /r+*r$*e& mr&er $%& +)$ )%r)e+. "he )%r)e+.  "he murders may not be 8ualified by evident premeditation premeditation beause the premeditation was for the )illing of Punzalan. "he result was the )illing of three others intended by the raiders. "he )illing may, however, be 8ualified by treahery, the raiders using firearms against whih the vitims were defenseless, with the aggravating irumstane of abuse of superior strength. "he three murders may be punished with the penalty of death. +owever, beause of la) of the neessary votes, the penalty should be life imprisonment.