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People vs. Siojo DIGEST

The defendant shot and killed the Chief of Police of San Miguel, Bulacan while the Chief of Police was in uniform. The lower court found the defendant guilty of homicide with the aggravating circumstance of contempt and insult to public authority. However, the Supreme Court found that this aggravating circumstance was not justified, as the deceased was an agent of public authority rather than a public authority himself. While the lower court's finding of guilt was affirmed, the aggravating circumstance cited was removed. The defendant's sentence was upheld with costs assessed against the appellant.

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Ronn Petitt
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307 views1 page

People vs. Siojo DIGEST

The defendant shot and killed the Chief of Police of San Miguel, Bulacan while the Chief of Police was in uniform. The lower court found the defendant guilty of homicide with the aggravating circumstance of contempt and insult to public authority. However, the Supreme Court found that this aggravating circumstance was not justified, as the deceased was an agent of public authority rather than a public authority himself. While the lower court's finding of guilt was affirmed, the aggravating circumstance cited was removed. The defendant's sentence was upheld with costs assessed against the appellant.

Uploaded by

Ronn Petitt
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Ronaldo P.

Petitt
AGGRAVATING CIRCUMSTANCE In contempt/Insult to public office G.R. No. L-41 746 March 27, 1935 THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. JOAQUIN SIOJO, defendant-appellant. DIGEST:

FACTS: That in or to the August 17, 1933, in the municipality of San Miguel, Bulacan province, Philippines, and within the jurisdiction of this Honorable Court, the accused voluntarily mentioned above, malicious, illegal and criminally assaulted, attacked and took shots with his revolver, 45 caliber Gregory Esguerra, causing two wounds that caused his fatal death. Act committed in violation of the law, with the aggravating circumstance that the defendant committed the offense in contempt and insult to the public authority, then, the deceased was then the Chief of Police of San Miguel, Bulacan and was in uniform then. The lower court found the defendant guilty of the crime charged, and the homicide That Was Committed in contempt of and with insult to Public Authority, But That Was this aggravating Circumstance offset by the mitigating Circumstance of Voluntary surrender or the equivalent thereof, and the Sentenced defendant to an indeterminate sentence Suffer Not Less Than of eight years and one day of prision mayor and Not More Than fourteen years, eight months, and one day of reclusion temporal, to indemnify the family of the deceased in the sum of P1, 000, and to pay the costs.

ISSUE/S: Whether appellant was guilty of committing contempt of and insult to Public Authority.

HELD: As to the Finding of the lower court That the Crime Was Committed in contempt of and with insult to the Authorities, we think this Finding is Not Justified by the facts of the case. In the first place, the deceased Was Not a Public Authority, But an agent of the Authorities. The other assignments of error are included in Those Already Considered weitere and requires no discussion. The sentence of the lower court is Affirmed, with the costs Against the appellant.

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