Ronaldo P.

Petitt
AGGRAVATING CIRCUMSTANCE In contempt/Insult to public office G.R. No. L-41 746 March 27, 1935 THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. JOAQUIN SIOJO, defendant-appellant. DIGEST:

FACTS: That in or to the August 17, 1933, in the municipality of San Miguel, Bulacan province, Philippines, and within the jurisdiction of this Honorable Court, the accused voluntarily mentioned above, malicious, illegal and criminally assaulted, attacked and took shots with his revolver, 45 caliber Gregory Esguerra, causing two wounds that caused his fatal death. Act committed in violation of the law, with the aggravating circumstance that the defendant committed the offense in contempt and insult to the public authority, then, the deceased was then the Chief of Police of San Miguel, Bulacan and was in uniform then. The lower court found the defendant guilty of the crime charged, and the homicide That Was Committed in contempt of and with insult to Public Authority, But That Was this aggravating Circumstance offset by the mitigating Circumstance of Voluntary surrender or the equivalent thereof, and the Sentenced defendant to an indeterminate sentence Suffer Not Less Than of eight years and one day of prision mayor and Not More Than fourteen years, eight months, and one day of reclusion temporal, to indemnify the family of the deceased in the sum of P1, 000, and to pay the costs.

ISSUE/S: Whether appellant was guilty of committing contempt of and insult to Public Authority.

HELD: As to the Finding of the lower court That the Crime Was Committed in contempt of and with insult to the Authorities, we think this Finding is Not Justified by the facts of the case. In the first place, the deceased Was Not a Public Authority, But an agent of the Authorities. The other assignments of error are included in Those Already Considered weitere and requires no discussion. The sentence of the lower court is Affirmed, with the costs Against the appellant.