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People V Guillen

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THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

JULIO GUILLEN,
defendant-appellant
GR No. L-1477
January 18, 1950

FACTS
Julio Guillen y Corpus, brought two hand grenades to a populated meeting held by the
Liberal Party at Plaza de Miranda, Quiapo. President Roxas gave a speech of the
advantages of the parity rights in the meeting. Upon the close of the speech, defendant
threw one of the said grenades toward the platform, but the presence of mind of
General Castaneda, who kicked the grenade and threw his body over that of the
President’s, saved the latter’s life. However, the grenade still seriously injured Simeon
Varela who died on the following day as a result of mortal wounds caused by the
grenade fragments, as well as Alfredo Eva, Jose Fabio, Pedro Carillo and Emilio
Maglalang. Guillen testifying in his own behalf said that although it was not his main
intention to kill those surrounding the President, he felt no conjunction in killing them
also in order to attain his main purpose of killing the President. The defendant was
charged by the CFI (see decision below), to which the counsel of the defendant
submitted contentions of error, including: (1) in finding the appellant guilty of the murder
of Simeon Varela, (2) in finding the appellant guilty of the complex crime of murder and
multiple frustrated murder (that of the said other victims and the President).
DECISION – COURT OF ORIGIN
CFI rendered the defendant guilty beyond reasonable doubt of the crime of murder of
Simeon Valera and multiple frustrated murders of the said victims including the
President.
ISSUE
W/N a mistake in the blow, inflicted with malice, exempts one from criminal liability
DECISION – APPELLATE COURT
The Court, writing per curiam, AFFIRMED the decision of the CFI, stating that the
facts do not support the contention of counsel that the appellant is guilty only of
homicide through reckless imprudence in regard to the death of Simeon Varela and of
less physical injuries in regard to other said victims. In throwing said hand grenade at
the President with the intention of killing him, the Court stated that the appellant acted
with malice, and was therefore liable for all consequences of his wrongful act, for in
accordance with Article 4 of the RPC, criminal liability is incurred by any person
committing felony (delito) although the wrongful act done be different from that which he
intended. The act cannot be classified as criminal negligence because such requires
that the injury incurred be unintentional as the incident of an act performed without
malice (People v Sara, 55 Phil 939). The Court finds that a deliberate intent to do
an unlawful act is inconsistent with the idea of reckless imprudence. A mistake in
the identity of the intended victim cannot be considered as reckless imprudence
(People v Gona, 54 Phil 605).

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