| Pedro Nadela - A Corporal who did his duty |
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Pedro Nadela was a police corporal in the early 1900s. He figured in an incident resulting in the death of a certain Leon Ocampo while performing his duties.
THE UNITED STATES v. DANIEL CAMPO - G.R. No. L-4092 [1908] PHSC 81 (6 February 1908)PHILIPPINE JURISPRUDENCE - FULL TEXT The Lawphil Project - Arellano Law Foundation Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-4092 February 6, 1908 THE UNITED STATES, plaintiff-appellee, vs. DANIEL CAMPO, defendant-appellant. P.G. Paraiso for appellant. Attorney-General Araneta for appellee. TORRES, J.: On the night of the 5th of April, 1906 as Aquilino Navesaga, the accused Daniel Campo, and their corporal Pedro A complaint having been filed charging Daniel Campo with the crime of homicide, and the corresponding proceedings having been instituted, the court, on the 31st of July, 1906, sentenced the accused to the penalty of fourteen years eight months and one day of reclusion temporal , to suffer the accessory penalties, to indemnify the heirs of the deceased in the sum of P1,000, and to pay the costs. From said judgment the accused appealed. The facts stated above, fully proven in this case, constitute the crime of homicide defined and punished under article 404 of the Penal Code, inasmuch as in the violent death of Julian Lavandero, a resident of Talisay, Island of Cebu, caused by the use of firearms, none of the qualifying circumstances of article 403 of said code, determining a graver crime and penalty are present. The accused, Daniel Campo, pleaded not guilty, but as to his exculpatory allegations, that when trying to arrest the deceased the latter offered resistance and attacked him with a sickle, and that for said reason he was obliged to fire at him the record contains full evidence that there was no such resistance or aggression of the part of the victim; that the sickle belonged to Venancio Panila, who was not one of the gamblers and was at that time working in a coconut tree: that the accused, notwithstanding the orders given by the corporal of the police, Pedro In the commission of the crime herein no mitigating or aggravating circumstance is present; therefore the adequate penalty should be applied in its medium degree. For the reasons above set forth, and the judgment appealed from being in accordance with the law, it is our opinion that the same should be affirmed with the costs against the accused, provided, however, that he shall be further sentenced to suffer the accessory penalties imposed by article 59 of the code. So ordered. Arellano, C.J., Mapa, Johnson, Willard, and Tracey, JJ., concur. Carson, J., reserves his vote. The Lawphil Project - Arellano Law Foundation
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