10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs.

JULIO GUILLEN

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EN BANC

G.R. No. L-1477 January 18, 1950

THE PEOPLE OF THE PHILIPPINES, Plaintiff-

Appellee, vs. JULIO GUILLEN, Defendant-
Appellant.

Mariano A. Albert for appellant.

Office of the Solicitor General Felix Bautista

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

Angelo and Solicitor Francisco A. Carreon for

appellee.

PER CURIAM, J.:

This case is before us for review of, and by virtue

of appeal from, the judgment rendered by the
Court of First Instance of Manila in case No.
2746, whereby Julio Guillen y Corpus, or Julio C.
Guillen, is found guilty beyond reasonable doubt
of the crime of murder and multiple frustrated
murder, as charged in the information, and is
sentenced to the penalty of death, to indemnify
the of the deceased Simeon Valera (or Barrela)
in the sum of P2,000 and to pay the costs. chanroblesvirtualawlibrary chanrobles virtual law library

Upon arraignment the accused entered a plea of

not guilty to the charges contained in the
information. chanroblesvirtualawlibrary chanrobles virtual law library

Then the case was tried in one of the branches of

the Court of First Instance of Manila presided
over by the honorable Buenaventura Ocampo
who, after the submission of the evidence of the
prosecution and the defense, rendered judgment
as above stated. chanroblesvirtualawlibrary chanrobles virtual law library

In this connection it should be stated that, at the

beginning of the trial and before arraignment,
counsel de oficio for the accused moved that the
mental condition of Guillen be examined. The
court, notwithstanding that it had found out from
the answers of the accused to questions
propounded to him in order to test the
soundness of his mind, that he was not suffering
from any mental derangement, ordered that
Julio Guillen be confined for Hospital, there to be
examined by medical experts who should report
their findings accordingly. This was done, and,
according to the report of the board of medical
experts, presided over by Dr. Fernandez of the
National Psychopathic Hospital, Julio Guillen was
not insane. Said report (Exhibit L), under the
heading "Formulation and Diagnosis," at pages
13 and 14, reads:

FORMULATION AND DIAGNOSIS

Julio C. Guillen was placed under

constant observation since admission.
There was not a single moment during
his whole 24 hours daily, that he was
not under observation. chanroblesvirtualawlibrary chanrobles virtual law library

The motive behind the commission of

the crime is stated above. The veracity
of this motivation was determined in
the Narcosynthesis. That the narco-
synthesis was successful was checked
up the day after the test. The narco-
synthesis proved not only reveal any
conflict or complex that may explain a

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

delusional or hallucinatory motive

behind the act. chanroblesvirtualawlibrary chanrobles virtual law library

Our observation and examination failed

to elicit any sign or symptom of
insanity in Mr. Julio C. Guillen. He was
found to be intelligent, always able to
differentiate right from wrong, fully
aware of the nature of the crime he
committed and is equally decided to
suffer for it in any manner or form. chanroblesvirtualawlibrary chanrobles virtual

law library

His version of the circumstances of the

crime, his conduct and conversation
relative thereto, the motives,
temptations and provocations that
preceded the act, were all those of an
individual with a sound mind. chanroblesvirtualawlibrary chanrobles virtual law library

On the other hand he is an man of

strong will and conviction and once
arriving at a decision he executes,
irrespective of consequences and as in
this case, the commission of the act at
Plaza Miranda. chanroblesvirtualawlibrary chanrobles virtual law library

What is of some interest in the

personality of Julio C. Guillen is his
commission of some overt acts. This is
seen not only in the present instance,
but sometime when an employee in la
Clementina Cigar Factory he engaged
in a boxing bout Mr. Manzano, a Span-
wanted to abuse the women cigar
makers, and felt it his duty to defend
them. One time he ran after a
policeman with a knife in hand after
being provoked to a fight several
times. He even challenged
Congressman Nueno to a fight
sometime before when Mr. Nueno was
running for a seat in the Municipal
Board of the City of Manila, after
hearing him deliver one of his
apparently outspoken speeches. chanroblesvirtualawlibrary chanrobles virtual law library

All these mean a defect in his

personality characterized by a
weakness of censorship especially in
relation to rationalization about the
consequences of his acts. chanroblesvirtualawlibrary chanrobles virtual law library

In view of the above findings it is our

considered opinion that Julio C. Guillen
is not insane but is an individual with a
personality defect which in Psychiatry
is termed, Constitutional Psychopathic
Inferiority.

Final Diagnosis

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

Not insane: Constitutional Psychopathic

Inferiority, without psychosis. chanroblesvirtualawlibrary chanrobles virtual law library

In view of the above-quoted findings of the

medical board, and notwithstanding the contrary
opinion of one Dr. Alvarez, who was asked by the
defense to give his opinion on the matter, the
court ruled that Guillen, not being insane, could
be tired, as he was tired, for the offenses he
committed on the date in question.

THE FACTS chanrobles virtual law library

Upon careful perusal of the evidence and the

briefs submitted by counsel for the accused, the
Solicitor General and their respective
memoranda, we find that there is no
disagreement between the prosecution and the
defense, as to the essential facts which caused
the filing of the present criminal case against this
accused. Those facts may be stated as follows: chanrobles virtual law

library

On the dates mentioned in this decision, Julio

Guillen y Corpus, although not affirmed with any
particular political group, has voted for the
defeated candidate in the presidential elections
held in 1946. Manuel A. Roxas, the successful
candidate, assumed the office of President of the
Commonwealth and subsequently President of
the President of the Philippine Republic.
According to Guillen, he became disappointed in
President Roxas for his alleged failure to redeem
the pledges and fulfill the promises made by him
during the presidential election campaign; and
his disappointment was aggravated when,
according to him, President Roxas, instead of
looking after the interest of his country,
sponsored and campaigned for the approval of
the so-called "parity" measure. Hence he
determined to assassinate the President. chanroblesvirtualawlibrary chanrobles virtual law library

After he had pondered for some time over the

ways and means of assassinating President
Roxas, the opportunity presented itself on the
night of March 10, 1947, when at a popular
meeting held by the Liberal Party at Plaza de
Miranda, Quiapo, Manila attended by a big
crowd, President Roxas, accompanied by his wife
and daughter and surrounded by a number of
ladies and gentlemen prominent in government
and politics, stood on a platform erected for that
purpose and delivered his speech expounding
and trying to convince his thousand of listeners
of the advantages to be gained by the
Philippines, should the constitutional amendment
granting American citizens the same rights
granted to Filipino nationals be adopted. chanroblesvirtualawlibrary chanrobles virtual law library

Guillen had first intended to use a revolver for

the accomplishment of his purpose, but having
lost said firearm, which was duly licensed, he
thought of two hand grenades which were given

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

him by an American soldier in the early days of

the liberation of Manila in exchange for two
bottles of whisky. He had likewise been weighing
the chances of killing President Roxas, either by
going to Malacañan, or following his intended
victim in the latter's trips to provinces, for
instance, to Tayabas (now Quezon) where the
President was scheduled to speak, but having
encountered many difficulties, he decided to
carry out his plan at the pro-parity meeting held
at Plaza de Miranda on the night of March 10,
1947. chanroblesvirtualawlibrary chanrobles virtual law library

On the morning of that he went to the house of

Amando Hernandez whom he requested to
prepare for him a document (Exhibit B), in
accordance with their pervious understanding in
the preceding afternoon, when they met at the
premises of the Manila Jockey Club on the
occasion of an "anti-parity" meeting held there.
On account of its materially in this case, we
deem it proper to quote hereunder the contents
of said document. An English translation (Exhibit
B-2) from its original Tagalog reads:

FOR THE SAKE OF A FREE PHILIPPINES

I am the only one responsible for what

happened. I conceived it, I planned it,
and I carried it out all by myself alone.
It took me many days and nights
pondering over this act, talking to my
own conscience, to my God, until I
reached my conclusion. It was my
duty. chanroblesvirtualawlibrary chanrobles virtual law library

I did not expected to live long; I only

had on life to spare. And had I
expected to lives to spare, I would not
have hesitated either ton sacrifice it for
the sake of a principle which was the
welfare of the people. chanroblesvirtualawlibrary chanrobles virtual law library

Thousands have died in Bataan; many

more have mourned the loss of their
husbands, of their sons, and there are
millions now suffering. Their deeds
bore no fruits; their hopes were
frustrated. chanroblesvirtualawlibrary chanrobles virtual law library

I was told by my conscience and by my

God that there was a man to be
blamed for all this: he had deceived
the people, he had astounded them
with no other purpose than to entice
them; he even went to the extent of
risking the heritage of our future
generations. For these reasons he
should not continue any longer. His life
would mean nothing as compared with
the welfare of eighteen million souls.
And why should I not give up my life

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

too if only the good of those eighteen

million souls. chanroblesvirtualawlibrary chanrobles virtual law library

These are the reasons which impelled

me to do what I did and I am willing to
bear up the consequences of my act. I
t matters not if others will curse me.
Time and history will show, I am sure,
that I have only displayed a high
degree of patriotism in my
performance of my said act. chanroblesvirtualawlibrary chanrobles virtual law library

Hurrah for a free Philippines. chanroblesvirtualawlibrary chanrobles virtual law library

Cheers for the happiness of every

Filipino home. chanroblesvirtualawlibrary chanrobles virtual law library

May God pity on me. chanroblesvirtualawlibrary chanrobles virtual law library

Amen.

JULIO C. GUILLEN

A copy (Exhibit B-1) of the original in Tagalog

(Exhibit B), made at the request of Guillen by his
nephew, was handed to him only at about 6
o'clock in the afternoon of March 10, 1947, for
which reason said Exhibit B-1 appears unsigned,
because he was in a hurry for that meeting at
Plaza de Miranda. chanroblesvirtualawlibrary chanrobles virtual law library

When he reached Plaza de Miranda, Guillen was

carrying two hand grenades concealed in a paper
bag which also contained peanuts. He buried one
of the hand grenades (Exhibit D), in a plant pot
located close to the platform, and when he
decided to carry out his evil purpose he stood on
the chair on which he had been sitting and, from
a distance of about seven meters, he hurled the
grenade at the President when the latter had just
closed his speech, was being congratulated by
Ambassador Romulo and was about to leave the
platform. chanroblesvirtualawlibrary chanrobles virtual law library

General Castañeda, who was on the platform,

saw the smoking, hissing, grenade and without
losing his presence of mind, kicked it away from
the platform, along the stairway, and towards an
open space where the general thought the
grenade was likely to do the least harm; and,
covering the President with his body, shouted to
the crowd that everybody should lie down. The
grenade fell to the ground and exploded in the
middle of a group of persons who were standing
close to the platform. Confusion ensued, and the
crowd dispersed in a panic. It was found that the
fragments of the grenade had seriously injured
Simeon Varela (or Barrela ) - who died on the
following day as the result of mortal wounds
caused by the fragments of the grenade

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

(Exhibits F and F-1) - Alfredo Eva, Jose Fabio,

Pedro Carrillo and Emilio Maglalang. chanroblesvirtualawlibrary chanrobles virtual law library

Guillen was arrested by members of the Police

Department about two hours after the
occurrence. It appears that one Angel Garcia,
who was one spectators at that meeting, saw
how a person who was standing next to him
hurled an object at the platform and, after the
explosion, ran away towards a barber shop
located near the platform at Plaza de Miranda.
Suspecting that person was the thrower of the
object that exploded, Garcia went after him and
had almost succeeded in holding him, but Guillen
offered stiff resistance, got loose from Garcia
and managed to escape. Garcia pursued him, but
some detectives, mistaking the former for the
real criminal and the author of the explosion,
placed him under arrest. In the meantime, while
the City Mayor and some agents of the Manila
Police Department were investigating the affair,
one Manuel Robles volunteered the information
that the person with whom Angel Garcia was
wrestling was Julio Guillen; that he (Manuel
Robles) was acquainted with Julio Guillen for the
previous ten years and had seen each other in
the plaza a few moments previous to the
explosion. chanroblesvirtualawlibrary chanrobles virtual law library

The police operatives interrogated Garcia and

Robles, and Julio Guillen was, within two hours
after the occurrence, found in his home at 1724
Juan Luna Street, Manila, brought to the police
headquarters and identified by Angel Garcia, as
the same person who hurled towards the
platform the object which exploded and whom
Garcia tried to hold when he was running
away. chanroblesvirtualawlibrary chanrobles virtual law library

During the investigation conducted by the police

he readily admitted his responsibility, although at
the same time he tried to justify his action in
throwing the bomb at President Roxas. He also
indicated to his captors the place where he had
hidden his so called last will quoted above and
marked Exhibit B, which was then unsigned by
him and subsequently signed at the police
headquarters. chanroblesvirtualawlibrary chanrobles virtual law library

Re-enacting the crime (Exhibit C), he pointed out

to the police where he had buried (Exhibit C-1)
the other hand grenade (Exhibit D), and, in the
presence of witnesses he signed a statement
which contained his answers to question
propounded to him by Major A. Quintos of the
Manila Police, who investigated him soon after
his arrest (Exhibit E). From a perusal of his
voluntary statement, we are satisfied that it
tallies exactly with the declarations and made by
him on the witness stand during the trial of this
case.

THE ISSUES chanrobles virtual law library

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

In the brief submitted by counsel de oficio for

this appellant, several errors are assigned
allegedly committed by the trial court, namely:
first, "in finding the appellant guilty of murder
for the death of Simeon Varela"; second, "in
declaring the appellant guilty of the complex
crime of murder and multiple frustrated
murder"; third, "in applying sub-section 1 of
article 49 of the Revised Penal Code in
determining the penalty to be imposed upon the
accused"; and fourth, "in considering the
concurrence of the aggravating circumstances of
nocturnity and of contempt of public authorities
in the commission of crime." chanrobles virtual law library

The evidence for the prosecution, supported by

the brazen statements made by the accused,
shows beyond any shadow of doubt that, when
Guillen attended that meeting, carrying with him
two hand grenades, to put into execution his
preconceived plan to assassinate President
Roxas, he knew fully well that, by throwing one
of those two hand grenades in his possession at
President Roxas, and causing it to explode, he
could not prevent the persons who were around
his main and intended victim from being killed or
at least injured, due to the highly explosive
nature of the bomb employed by him to carry
out his evil purpose. chanroblesvirtualawlibrary chanrobles virtual law library

Guillen, testifying in his own behalf, in answer to

questions propounded by the trial judge (page
96 of transcript) supports our conclusion. He
stated that he performed the act voluntarily;
that his purpose was to kill the President, but
that it did not make any difference to him if
there were some people around the President
when he hurled that bomb, because the killing of
those who surrounded the President was
tantamount to killing the President, in view of
the fact that those persons, being loyal to the
President being loyal to the President, were
identified with the latter. In other word, although
it was not his main intention to kill the persons
surrounding the President, he felt no conjunction
in killing them also in order to attain his main
purpose of killing the President. chanroblesvirtualawlibrary chanrobles virtual law library

The facts do not support the contention of

counsel for appellant that the latter is guilty only
of homicide through reckless imprudence in
regard to the death of Simeon Varela and of less
serious physical injuries in regard to Alfredo Eva,
Jose Fabio, Pedro Carrillo and Emilio Maglalang,
and that he should be sentenced to the
corresponding penalties for the different felonies
committed, the sum total of which shall not
exceed three times the penalty to be imposed for
the most serious crime in accordance with article
70 in relation to article 74 of the Revised Penal
Code. chanroblesvirtualawlibrary chanrobles virtual law library

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

In throwing hand grenade at the President with

the intention of killing him, the appellant acted
with malice. He is therefore liable for all the
consequences of his wrongful act; for in
accordance with article 4 of the Revised Penal
Code, criminal liability is incurred by any person
committing felony (delito) although the wrongful
act done be different from that which he
intended. In criminal negligence, the injury
caused to another should be unintentional, it
being simply the incident of another act
performed without malice. (People vs. Sara, 55
Phil., 939.) In the words of Viada, "in order that
an act may be qualified as imprudence it is
necessary that either malice nor intention to
cause injury should intervene; where such
intention exists, the act should qualified by the
felony it has produced even though it may not
have been the intention of the actor to cause an
evil of such gravity as that produced.' (Viada's
Comments on the Penal Code, vol. 7, 5th ed.,
p.7.) And, as held by this Court, a deliberate
intent to do an unlawful act is essentially
inconsistent with the idea of reckless
imprudence. (People vs. Nanquil, 43 Phil., 232.)
Where such unlawful act is wilfully done, a
mistake in the identity of the intended victim
cannot be considered as reckless imprudence.
(People vs. Gona, 54 Phil., 605) chanrobles virtual law library

Squarely on the point by counsel is the following

decision of the Supreme Court of Spain:

Cuestion 62. Se presenta A, a las ocho

de la noche, en el estanco de B a
comprar tabaco, y habiendose negado
este a darselo al fiado, se retira a quel
sin mediar entre ambos disputa
alguna; pero; trnscurrido un cuarto de
hora, hallandose el estanquero
despachando a C, se oye la detonacion
de un arma de fuego disparada por A
desde la calle, quedando muertos en el
acto C y el estanquero; supuesta la no
intencion en A de matar a C y si solo al
estanquero, cabe calificar la muerte de
este de homicidio y la de c de
imprudencia temeraria? - La Sala de lo
Criminal de la Auudiencia de Granada
lo estimo asi, y condeno al procesado a
catorse anos de reclusion por el
homivcidio y a un año de prision
correctional por la imprudencia. Aparte
de que la muerte del estanquero debio
calificarse de assesinato y no de
homicidio, por haberse ejecutado con
aleviosa. es evidente que la muerte de
C, suponiendo que no se propusiera
ejecutaria el procesado, no pudo
calificarse de imprudencia teme raria,
sino que tambien debio declararsele
responsable de la misma, a tenor de lo
puesto en este apartado ultimo del
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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

articulo; y que siendo ambas muertes

producidas por un solo hecho, o sea
por un solo disparo, debio imponerse al
reo la pena del delito de asesinato en
el grado maximo, a tenor de lo
dispuesto en el art. 90 del Codigo, o
sea la pena de muerte. Se ve, pues,
claramente que en el antedicha
sentencia, aparte de otros articulos del
Codigo, se infringio por la Sala la
disposicion de este apartado ultimo del
articulo muy principalmente, y asi lo
declaro el Tribunal Supremo en S. de
18 junio de 1872. (Gaceta de 1,0 de
agosto.) (I Viada, 5th Ed., p. 42.)

Article 48 of the Revised Penal Code provides as follows:

Art. 48. Penalty for Complex Crimes. - When a single act

constitutes two or more grave or less grave felonies, or when
an offense is a necessary means for committing the other, the
penalty for the most serious crime shall be imposed, the same
to be applied in its maximum period.

We think it is the above-quoted article and not paragraph 1 of article 49 that is

applicable. The case before us is clearly governed by the first clause of article
48 because by a single act, that a throwing highly explosive hand grenade at
President Roxas, the accused committed two grave felonies, namely: (1)
murder, of which Simeon Varela was the victim; and (2) multiple attempted
murder, of which President Roxas, Alfredo Eva, Jose Fabio, Pedro Carrillo and
Emilio Maglalang were the injured parties. chanroblesvirtualawlibrary chanrobles virtual law library

The killing of Simeon Varela was attended by the qualifying circumstance of

treachery. In the case of People vs. Mabug-at, supra, this court held that the
qualifying circumstance of treachery may be properly considered, even when
the victim of the attack was not the one whom the defendant intended to kill,
if it appears from the evidence that neither of the two persons could in any
manner put up defense against the attack, or become aware of it. In the same
case it was held that the qualifying circumstance of premeditation may not be
properly taken into the account when the person whom the defendant
proposed to kill was different from the one who became his victim. chanroblesvirtualawlibrary chanrobles virtual law library

There can be no question that the accused attempted to kill President Roxas
by throwing a hand grenade at him with the intention to kill him, thereby
commencing the commission of a felony by over acts, but he did not succeed
in assassinating him "by reason of some cause or accident other than his own
spontaneous desistance." For the same reason we qualify the injuries caused
on the four other persons already named as merely attempted and not
frustrated murder. chanroblesvirtualawlibrary chanrobles virtual law library

In this connection, it should be stated that , although there is abundant proof

that , in violation of the provisions of article 148 of the Revised Penal Code,
the accused Guillen has committed among others the offense of assault upon
a person in authority, for in fact his efforts were directed towards the
execution of his main purpose of eliminating President Roxas for his failure to
redeem his electoral campaign promises, by throwing at him in his official
capacity as the Chief Executive of the nation the hand grenade in question,
yet, in view of the appropriate allegation charging Guillen with the commission
of said offense, we shall refrain making a finding to that effect. chanroblesvirtualawlibrary chanrobles virtual law library

The complex crimes of murder and multiple attempted murder committed by

the accused with the single act of throwing a hand grenade at the President,
was attended by the various aggravating circumstances alleged in the

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10/5/2019 G.R. No. L-1477 - PEOPLE OF THE PHIL. vs. JULIO GUILLEN

information, without any mitigating circumstance. But we do not deem it

necessary to consider said aggravating circumstances because in any event
article 48 of the Revised Penal Code above-quoted requires that the penalty
for the most serious of said crimes be applied in its maximum period. The
penalty for murder is reclusion temporal in its maximum period to death. (Art.
248.)chanrobles virtual law library

It is our painful duty to apply the law and mete out to the accused the
extreme penalty provided by it upon the facts and circumstances hereinabove
narrated. chanroblesvirtualawlibrary chanrobles virtual law library

The sentence of the trial court being correct, we have no alternative but to
affirm it, and we hereby do so by a unanimous vote. The death sentence shall
be executed in accordance with article 81 of the Revised Penal Code, under
authority of the Director of Prisons, on such working day as the trial court may
fix within 30 days from the date the record shall have been remanded. It is so
ordered. chanroblesvirtualawlibrary chanrobles virtual law library

Moran, C.J., Ozaeta, Paras, Pablo, Bengzon, Padilla, Tuason, Montemayor,

Reyes and Torres, JJ., concur.

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