People v.

Julio Guillen y Corpus

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

Facts:
1. Julio Guillen, not affiliated with any political group, was displeased with
President Manuel Roxas so he planned to assassinate him.
2. He put his plan into motion during a rally of the Liberal Party at Plaza
Miranda in Quiapo where Roxas was to deliver a speech. Roxas was to
convince the attendees of the advantages of parity rights for Americans
(equal economic rights) he was then pushing, and which Guillen
vehemently opposed.
3. Guillen lost his revolver prior to the rally so he took the two hand grenades
given to him by an American soldier during the Liberation of Manila.
Earlier, Guillen planned to kill the President in Malacañang, or in Tayabas,
where the President had been scheduled to appear.
4. On the day of the assassination, he went to the house of a certain Amado
Hernandez, a fellow anti-parity person, to arrange for the publishing of a
statement (sort of like an explanatory statement from Guillen, which he
hoped to have distributed after he kills Roxas).
5. On the day of the rally, he brought with him the two handgrenades in a
peanut paper bag. He hid one in a plant box. After Roxas finished his
speech, he hurled one grenade at him. A General Castañeda, the noble
military man he was, saw the grenade and quickly kicked it off the
platform. The grenade fell on a group of civilians and exploded. The
fragments hit a certain Simeon Varela ,who died the following day, and
four other persons, causing injuries.
6. Guillen was arrested two hours later, after the innocent person who tried
to accost him was erroneously arrested. He was tried and later convicted
to death for murder.

Issue: Was Guillen’s conviction for murder proper?

Defense: No, he should only be convicted for homicide/serious or less serious
physical injurues through reckless imprudence.

Held: Yes.

1. Guillen himself said that he performed the act voluntarily, with the aim of
killing the President. It did not matter to him if there were people around
the President at the time, since those who were around the President
were his loyal subjects anyway.
2. Hence, Guillen acted with malice. He is therefore liable for all the
consequences of his wrongful act, in accordance with art. 4 of the
RPC.
3. In criminal negligence, the injury caused should be unintentional. A
deliberate intent to do an unlawful, as in this case, is inconsistent with the
 ideal of reckless imprudence. In People v. Gona, the Court ruled that even
if there was a mistake in the identity of the intended victim, where such
unlawful act is willfully done, the act cannot be considered as reckless
imprudence.

Issue: What penalty should apply?

Held: Death

1. Article 48 of the RPC applies because by a single act, the throwing of the
grenade at President Roxas, Guillen committed 2 grave felonies: the
murder of Simeon Varela, and multiple attempted murder of which Roxas
and four other people were the injured parties.
2. In Art. 48, it is said that when a single act constitutes two or more grave
felonies, the penalty for the most serious crime shall be imposed in its
maximum period.
3. Murder is the most serious crime committed. The penalty for murder is
reclusion temporal to death (Art. 248)
4. Moreover, the killing that occurred here was attended by treachery since
the (intended) victim could not have become aware of the attack.
However, if the person killed was different from the one intended to be
killed, the qualifying circumstance of premeditation cannot be taken into
account. (People v. Mabug-at)
5. With the complex crime of murder/multiple attempted murder, qualified by
treachery, the lower court correctly meted the penalty of death.

Dispositive Portion: Bye Guillen!