PEOPLE vs.

NARVAES showed and declared that the said two persons are
G.R. No. L-39799 March 20, 1934
FACTS:
• Charged with homicide, the herein appellant was
convicted of said crime and sentenced by the CFI-
• And when the appellant was arraigned under the
Laguna of reclusion temporal, with the corresponding
accessory penalties to indemnify the heirs of his
victim Benito de Silva.
• The evidence showed that for several years the
appellant was one of the tenants belonging to the
group under the supervision of said Benito de Silva,
and it was during their work that the deceased and
Narvaes had some misunderstanding about the
speed of accomplishment the latter has.
• Claiming that he had been embarrassed in front of
his fellow tenants, the appellant was able to kill de
Silva right there and then, while later on justifying
that he did that for self-defense.
• And after being sentenced, he alleged that the court
a quo erred in declaring that his true name is Pedro
Narvaes, which is supposedly Primo Narvaes
according to him.
brothers by the same father and mother and are
furthermore grandsons of the same paternal and
maternal grandparents. Pedro is only older to Primo
by two years. Moreover, Primo cannot be involved in
the said incident since he is not living with his family
and is studying in a different municipality.
name of Pedro Narvaes, which is the name appearing
in the information, he merely entered his plea of "not
guilty" under the said name. It was on that occasion
that he should have for the first time raised the
question of his identity, by filing a demurrer based
on the court's lack of jurisdiction over his person,
inasmuch as he was then considered as Pedro
Narvaes, not Primo Narvaes. Not having filed the
said demurrer, it must necessarily be
understood that he renounced it and therefore
he is now estopped from raising, or insisting to
raise, the same question, not only in this
appeal but even in the trial. Therefore, whether
the said question be considered from one angle or
another, at all events, the conclusion must be the
same, that is, that the trial court did not err in
considering the appellant as Pedro Narvaes, not as
Primo Narvaes.

ISSUE: Whether the court a quo erred in not declaring that

the defendant's true name is Primo Narvaes instead of
Pedro Narvaes.

RATIO: NO

• Baptismal certificates of Primo Narvaes and Pedro

Narvaes and the testimonies given by the residents
of Calamba Sugar Estate, which were duly admitted
without any objection on the part of the defense,
Zenaida R. Razon
Section 4. Name of the Accused.
Criminal Procedure