US v Manalinde

US v Manalinde FACTS: 

Igual (Spaniard) was seated in front of a store store when Manalinde attacked him from behind and wounded him on the head with a kris. Meanwhile, M eanwhile, Choa was just passing along the street, was just putting his load in front of the store and was about to enter, when Manalinde attacked him with the kris and seerel! wounded him on the left shoulder. shoulder. "oth men were taken to the hospital where the t he Chinaman died within an hour. hour.

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#espondent #espondent was charged with murder for the death of the Chinaman. $hen arrested, Manalinde pleaded guilt!. guilt!. %e confessed that his wife died &'' da!s before and that atu #ajamudah Mupuck actuall! ordered him to go  juramentado in Cotabato in order to kill somebod! because Mupuck had certain grieances to aenge against a lieutenant and a sergeant.

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Manalindes reward once he accomplished the task was a prett! woman. In case he gets caught, Manalinde was ordered b! Mupuck to sa! that he performed the act in accordance to the orders of Matica!o, atto *iang,  +ambal  +ambal and Inug.

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1. Juan

2.

3.

4. +o  +o

carr! out his plan, he proided proided himself with a kris, which he concealed in banana leaes. %e traelled da! and night before arriing at the town and going  juramentado.

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5. +he

respondent further confessed that he had no uarrel uarrel with the assaulted persons.

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ISSU SS UE:

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$- the the crime perpetrated uali/es for aggraating circumstances

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HELD/RATIO :

 01S. +he crime was committed with treacher! and premeditation. +reacher! was committed because the accused attacked the deceased when the latter was unable to defend himself or een to 2ee from the danger. +he accused performed the act of his own olition and with the knowledge of the irreparable damage that he would in2ict upon others. *remeditation was present in the sense that upon accepting the order and undertaking the journe! in order to compl! with the said order, the accused deliberatel! considered and carefull! and thoughtfull! meditated oer the nature and conseuences of the acts which he was about to carr! out. %e een proided himself with a weapon (een going to the e3tent of concealing the weapon b! wrapping it up) and traelling for a da! and a night for the sole purpose of taking the life of two unfortunate persons whom he did not know and with whom he had neer an! trouble. +he crime was considered to be premeditated since it was eident that there was a /rm and persistent intention of the accused from the moment when he /rst receied the order until the crime was committed. o mitigating circumstance can be a4orded to the accused because his act was not a matter of proper obedience. %is allegation that he acted according to the atus order cannot e3culpate him because it is the barbarous and saage custom of a juramentado to kill an!one without an! motie or reason whateer, and as such, it cannot be accepted or considered under the laws of ciili5ed nations. Such e3hibitions of ferocit! and saager! must be restrained.