1) Andres Aribuabo was wounded by Juan Quianzon during a gathering at a house in Paoay, Ilocos Norte. Aribuabo died 10 days later from the wound.
2) Witnesses testified that Aribuabo named Quianzon as the one who wounded him right after the incident. Quianzon also admitted to applying a firebrand to Aribuabo's neck and wounding him with a bamboo spit.
3) Quianzon later confessed to a barrio lieutenant and police chief that he wounded Aribuabo, but later retracted the confession about the bamboo spit.
1) Andres Aribuabo was wounded by Juan Quianzon during a gathering at a house in Paoay, Ilocos Norte. Aribuabo died 10 days later from the wound.
2) Witnesses testified that Aribuabo named Quianzon as the one who wounded him right after the incident. Quianzon also admitted to applying a firebrand to Aribuabo's neck and wounding him with a bamboo spit.
3) Quianzon later confessed to a barrio lieutenant and police chief that he wounded Aribuabo, but later retracted the confession about the bamboo spit.
1) Andres Aribuabo was wounded by Juan Quianzon during a gathering at a house in Paoay, Ilocos Norte. Aribuabo died 10 days later from the wound.
2) Witnesses testified that Aribuabo named Quianzon as the one who wounded him right after the incident. Quianzon also admitted to applying a firebrand to Aribuabo's neck and wounding him with a bamboo spit.
3) Quianzon later confessed to a barrio lieutenant and police chief that he wounded Aribuabo, but later retracted the confession about the bamboo spit.
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,
vs. JUAN QUIANZON, defendant-appellant.
Pedro B. Pobre for appellant.
Solicitor-General Hilado for appellee.
SYLLABUS
1. CRIMINAL LAW; HOMICIDE; STATEMENT OF THE VICTIM AND
ADMISSION OF THE ACCUSED, AS PART OF THE "RES GESTÆ". — The victim's statement immediately after receiving the wound, naming the accused as the author of the aggression, and the admission forthwith made by the accused that he had applied a firebrand to A's neck and had wounded him, besides, with a bamboo spit, are competent evidence in law, admissible as a part of the res gestæ (sections 279 and 298, No. 7, of the Code of Civil Procedure; U. S. vs. Macuti, 26 Phil., 170; People vs. Portento and Portento, 48 Phil., 971). 2. ID.; ID.; EXTRAJUDICIAL CONFESSION. — Inasmuch as the extrajudicial confession of the accused to the barrio lieutenant and later to the chief of police, in the same afternoon of the crime, that he was the author of A's wound and that he had inflicted it by means of a bamboo spit, is strongly corroborated and appears to have been made by the accused freely and voluntarily, it constitutes evidence against him relative to his liability as author of the crime charged. (U. S. vs. So Fo, 23 Phil., 379; People vs. Cabrera, 43 Phil., 64, 82; U. S. vs. Jamino, 3 P. R. A., 52.) 3. ID.; ID.; ACT OF VICTIM WHICH HAS CONTRIBUTED TO ACCELERATE HIS DEATH DOES NOT RELIEVE ACCUSED OF LIABILITY. — Where it does not appear that the victim, in removing the drainage from his wound, had acted voluntarily and with the knowledge that he was performing an act prejudicial to his health, as this should be attributed to his pathological condition and to his state of nervousness and restlessness on account of the physical pain caused by the peritonitis from which he was suffering, such act of the victim does not have the effect of altering the natural juridical consequences of the punishable act of the accused (Decision of the Supreme Court of Spain of April 3, 1879; People vs. Almonte, 56 Phil., 54; 13 R. C. L., 751), all the more because, as the defense itself claims, the victim was mentally deranged.
Charged with and convicted of the crime of homicide in the Court of
First Instance of Ilocos Norte, and sentenced to an indeterminate penalty of from six years and one day of prision mayor, as minimum to fourteen years, seven months and one day of reclusion temporal, as maximum, Juan Quianzon appeals to this court for the review of the case.
On February 1, 1934, a novena for the suffrage of the soul of a