People vs.

Kalalo ISSUE

G.R. Nos. L-39303-39305 1. Whether or not the appellants are guilty of murder of
simple homicide
2. Whether or not the appellant is guilty of attempted
FACTS homicide

Marcelo Kalalo and Isabela Holgado had a litigation over a parcel of

land. Marcelo Kalalo cultivated the land during the agricultural years
HELD
1931 and 1932, but when harvest time came Isabela Holgado
reaped all that had been planted. 1. G. R. No. L-39303 & 39304 constitute two homicides. Under
Art. 248 of R. P. C., which defines murder, the circumstance
On October 1, 1932, Isabela Holgado and Arcadio Holgado decided
of “abuse of superior strength”, raises homicide to the
to order the land plowed, and employed several laborers. Marcelo
category of murder; but this court is of the opinion that said
Kalalo, having informed, proceeded to the place together with 6
circumstance may not properly be taken into considerations
relatives, five of those are armed with bolos. Upon arrival, Marcelo
in the two cases at bar, it is borne in mind that the deceased
Kalalo and company ordered those who were plowing to stop which
were also armed, one of them with a bolo, and the other
they did. Having informed of the suspension of work, Marcelino
with a revolver. The risk was even for the contending
Panaligan ordered Arcadio Holgado and other labrers to continue
parties and their strength was almost balanced, a revolver is
the work. G.R. No. L-39303: At that point, Marcelo Kalalo
as effective as 3 bolos. Therefore, the court finds the crime
approached Arcadio Holgado, while G. R. No. L-39304: Felipe Kalalo,
committed by the appellants a homicide.
Juan Kalalo and Gregorio Ramos approached Marcelino Panaligan.
They all simultaneously struck their bolos which Arcadio Holgado
and Marcelino Panaligan died instantly.
2. G. R. No. 39305 is attempted homicide. The evidence shows
G. R. No. L-39305: After Arcadio Holgado and Marcelino Panaligan that Marcelo Kalalo fired four successive shots at Hilarion
had fallen, Marcelo Kalalo took the revolver on Marcelino Holgado while the latter is fleeing. He performed everything
Panaligan’s belt and fired four shots at Hilarion Holgado who was necessary to commit the crime that he determined to
running to save his own life. commit but he failed by reason of causes independent of his
will, either because of his poor aim or because his intended
victim succeeded in dodging the shots. Therefore, the court
finds the crime committed by the appellants an attempted
homicide.