Plaintiff-Appellee Vs Vs Defendant-Appellant Felipe S. Abeleda, Solicitor-General Hilado
Plaintiff-Appellee Vs Vs Defendant-Appellant Felipe S. Abeleda, Solicitor-General Hilado
Plaintiff-Appellee Vs Vs Defendant-Appellant Felipe S. Abeleda, Solicitor-General Hilado
SYLLABUS
DECISION
BUTTE , J : p
It is familiar law that when the text itself of a statute or a treaty is clear and
unambiguous, there is neither necessity nor propriety in resorting to the preamble or
headings or epigraphs of a section for interpretation of the text, especially where such
epigraphs or headings of sections are mere catchwords or reference aids indicating
the general nature of the text that follows. (Cf. In re Estate of Johnson, 39 Phil., 156,
166.) A mere glance at the titles to the articles of the Revised Penal Code will reveal
that they were not intended by the Legislature to be used as anything more than
catchwords conveniently suggesting in a general way the subject matter of each article.
Being nothing more than a convenient index to the contents of the articles of the Code,
they cannot in any event have the effect of modifying or limiting the unambiguous
words of the text. Secondary aids may be consulted to remove, not to create doubt.
The remaining assignments of error relate to the evidence. We have come to the
conclusion, after a thorough examination of the record, that the ndings of the court
below are amply sustained by the evidence, except upon the fact of the existence of
treachery (alevosia). As some members of the court entertain a reasonable doubt that
the existence of treachery (alevosia) was established, it results that the penalty
assessed by the court below must be modi ed. We nd the defendant guilty of
homicide and, applying article 249 of the Revised Penal Code in connection with article
160 of the same, we sentence the defendant-appellant to the maximum degree of
reclusion temporal, that is to say, to twenty years of con nement and to indemnify the
heirs of the deceased Sabas Aseo (alias Sabas Asayo), in the sum of P1,000. Costs de
oficio.
Avanceña, C.J., Street, Malcolm, Villa-Real, Abad Santos, Hull, Vickers and
Imperial, JJ., concur.