Documente Academic
Documente Profesional
Documente Cultură
People v Guillen
A
II.C.1. How incurred (wrongful act
II.C. Criminal LiabilityA dome be different from what was
Date: January 18, 1950B intended)
B
Ponente: 1935 Constitution; Revised Penal
Code
C
Guillen and Hernandez were both
SUMMARY: campaigned for the approval of the “parity” against the parity measure of the gov’t.
Julio C. Guillen (respondent) was found guilty of murder measure. They, in fact, held an “anti‐parity”
and multiple frustrated murders by the CFI Manila after b. His disappointment towards the President meeting, March 10, 1947, at the
premises of Manila Jockey Club.
he threw a grenade towards then President Manuel grew for him the intention of killing Roxas. D
Excerpts from the English translation
Roxas which unfortunately Killed Simeon Varela and 2. Guillen used the popular meeting planned by of the document bearing the plan of
seriously injured four other individuals. CFI Manila the Liberal Party held on the night of March 10, Guillen:
sentenced Guillen to death and to indemnify the heirs of 1947 at Plaza de Miranda, Quiapo, Manila to “I am the only one responsible for what
Varela. Appeal to review the judgment rendered by CFI assassinate Pres. Roxas. happened. I conceived it, I planned it, I
was then filed before the Supreme Court alleging that a. On the morning of the said date, Guillen carried it out all by myself alone. . . It was
my duty.”
the CFI erred in finding the appellant guilty of murder for went to Amado Hernandez’sC house who he “I would not have hesitated either to
the death of Simeon Varela and in declaring the requested to prepare for him a documentD sacrifice it (his life) for the sake of the
principle which was the welfare of the
appellant guilty of the complex crime of murder and bearing his admission of his plan of people.”
multiple frustrated murder since Simeon’s death and the assassinating Pres. Roxas. “His (Roxas’s) life would mean nothing as
compared with the welfare of 18 million
serious injuries suffered by the other victims were not b. When he reached the plaza, he concealed 2 souls.”
what Guillen really intended to do. SC upheld CFI’s hand grenades with him, one of which he “I have only displayed a high degree of
patriotism in the performances of my act.”
decision in accordance with Art 4 and Art 48 of the RPC. planted in a pot near the platform where
Pres. Roxas would deliver his speech.
ISSUES: c. When Pres. Roxas was about to leave the
1. WON the accused is guilty of complex crime of platform after his speech, Guillen hurdled
murder for Varela’s death and of multiple the remaining grenade in the direction of
frustrated murder for the other’s injury. the president.
2. WON subsection 1 of Art 49 of the RPC is applicable 3. General Castañeda covered the president and
in determining Guillen’s penalty for his crimes. kicked the grenade away from the platform, to
3. WON the consideration of aggravating an open space where he thought it would do the
circumstances, i.e. the nocturnity of the crime and least harm.
contempt of public authorities, was valid. 4. The grenade exploded in the middle of a group
of persons and seriously injured 5 individuals.
FACTS: a. Simeon Varela, one of the victims, died on
1. Julio C. Guillen became disappointed with Pres. the next day from mortal injuries he
Roxas for the latter’s failure to fulfil the incurred from the fragments of the grenade.
promises he made during the presidential b. Guillen was arrested 2 hours after. An Angel
campaign. Garcia attested that he saw Guillen hurdled
a. According to Guillen, his disappointed something towards the stage. A Manuel
aggravated when Pres. Roxas sponsored and Robles also confirmed that he knew Guillen
Other Details:
and that they saw each other in the plaza persons qualifies as merely attempted murder and
moments before the explosion. not frustrated murder. E
It is a defect in personality
5. Guillen admitted his responsibilities during the 2. NO. Although SC corrected the sentence against characterized by a weakness of
investigation and even indicated to the police Guillen, the contention of is counsel for the censorship especially in relation to
rationalization about the consequences
where he had hidden his “last will” and where application of Art 74 (in relation to Art 70) was of one’s act
F
he buried the other grenade. denied as well. SC insisted that Art 48 was the one It is considered when the victim of the
6. Before the trial, Guillen’s counsel de oficio most applicable for the single act of Guillen attack was not the one whom the
defendant intended to kill, if it appears
requested that his client’s soundness of mind be (throwing the grenade) and his commission of two from the evidence that neither of the
examined first to find whether he was suffering grave felonies: (i) murder and (ii) multiple attempted two persons could in any manner put
from insanity or not. Results showed that the murder. The killing of Varela was attended by the up a defense against the attack, or
accused was not insane but suffers from qualifying circumstance of treacheryF. became aware of it.
Constitutional Psychopathic InferiorityE. 3. NO. Art 48 already stated the necessary penalty for Related provisions:
7. CFI Manila found Guillen guilty, beyond the crime committed by Guillen. The fact that the
reasonable doubt of the crime and multiple crime was done at night and against Pres. Roxas as RPC
Art 4. Criminal Liability. – Criminal
frustrated murders and was sentenced to death the Chief Executive of the Gov’t should not hold as liability should be incurred: (1) By any
penalty, to indemnify the heirs of Varela in the aggravating circumstances. person committing felony (delito)
sum of Php 2000 and to pay the costs. although the wrongful act done be
different from that which he intended.
8. Guillen’s counsel de oficio filed an appeal on his RULING: Art 48. Penalty for complex crimes. –
behalf before the SC for the issues stated above The Court corrected CFI’s judgment accordingly but the When a single act constitutes 2 or more
as they deemed as errors in the judgment of CFI. sentence remains as is thus, [J]udgment affirmed. grave or less grave felonies, or when an
a. His counsel argued that Guillen was not offense is a necessary means for
committing the other, the penalty for
guilty of the crimes above but instead of the most serious crime shall be
homicide through reckless imprudence and imposed, the same to be applied in its
of less serious physical injuries. maximum period. (As amended by Act
No. 4000)
b. Guillen, according to his counsel, should be Art 49. Penalty to be imposed upon
sentenced to corresponding penalties stated the principals when the crime is
in Art 70 in relation to Art 74 of the RPC. different from that intended. – In cases
in which the felony committed is
different from that which the offender
HOLDING: intended to commit, the following rules
1. YES. In accordance with par 1 of Art 4 of the RPC, shall be observed: (1) If the penalty
though different from Guillen’s actual intention prescribed for the felony committed
higher than that corresponding to the
from committing the act, the consequences of his offense which the accused intended to
crime still constitute felony and he shall thus incur commit, the penalty corresponding to
criminal liability from it. Moreover, the Court the latter shall be imposed in its
maximum period.
stated that Guillen was aware of the inevitability of
other casualties from the explosion of the grenade
he threw towards Pres. Roxas, thus the defence of
his counsel that his act was that of imprudence was
not valid. However, injuries caused on the other