People vs Limaco G.R. No. L-3090 January 9, 1951

This is an appeal to suspend the decision of conviction for the crime of triple murder sentencing the accused-appellant Ricardo Limaco to "life imprisonment at hard labor, without hope of any pardon or reprieve whatsoever, to indemnify the heirs of the deceased Severa Envelino, Sofia Envelino and Matrina Amores in the sum of P6,000 each (People vs. Amansec, G.R. No. L-927, March 11, 1948)^*, without subsidiary imprisonment in case of insolvency, and to pay the costs."

One aggravating circumstance, namely, that of dwelling.

We notice that the trial court imposed only one penalty for the three murders. In this, the trial court erred. There should be a penalty for each of the three separate crimes caused by separate acts or blows committed and inflicted by the appellant.

The crime committed in this case is truly shocking. Three innocent girls, two of tender age, apparently without any provocation, were butchered and hacked to death. While some members of this Court are for imposing the extreme penalty, others believe that the appellant is entitled to a mitigating circumstance, either that he, a relatively ignorant man interpreted the refusal of one of the victims to sell a pig as an affront and thereby became obfuscated and lost his head, or that he lacks education and instruction for the reason that he did not finish even the first grade in elementary school. In that case, this mitigating circumstance will compensate the aggravating circumstance of dwelling, thereby resulting in the imposition of the penalty in its medium degree. For lack of sufficient votes, the penalty will be reclusion perpetua. But this penalty is for each of three murders, it being understood that the maximum period of imprisonment will not exceed forty years. With this modification, the decision appealed from, is hereby affirmed with costs.

Moran, C. J., Paras, Feria, Pablo, Bengzon, Padilla, Tuason, Reyes and Jugo, JJ., concur.