[ G.R. No. 13251, October 08, 1918 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. BUTAG, EREC, CUSIDON, DUMAUA, BANGAYAN, GURENGAD, GALADI, LEGUE, BEGUING ET AL., DEFENDANTS AND APPELLANTS.
D E C I S I O N
MALCOLM, J.:
The assignments of error relate in different form to the sufficiency of the evidence. We find on review that the guilt of the defendants is proved beyond a reasonable doubt by their own voluntary confessions and admissions, corroborated by other competent witnesses. The crime is murder because committed by the defendants with evident premeditation. In order that evident premeditation may exist, it is not necessary that the accused premeditate the killing of a particular individual. (U. S. vs. Manalinde [1909], 14 Phil., 77; U. S. vs. Rodriguez [1911], 19 Phil., 150.) There also concur the aggravating circumstances that the crime was committed by a band of more than three armed men, and in disregard of the age and sex of the deceased, one being a boy of twelve years of age, and two, women. The trial court found present the mitigating circumstance provided by article 11 of the Penal Code, as superseded by Act No. 2142. The penalty imposed by the trial court is accordingly correct.
Judgment is affirmed with one-eighth part of the costs of this instance against each appellant. So ordered.
Torres, Johnson, Street, Avanceña, and Fisher, JJ., concur.