G.R. No. 25587 , March 30, 1927
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. AGUSTIN CHAN LIN WAT, defendant-appellant.

PER CURIAM

FACTS

Agustin Chan Lin Wat (appellant) was convicted of murder and sentenced to death for the killing of Manuel Escarella. The evidence established that Tan Yong, who was under investigation by Escarella for a suspicious warehouse fire, orchestrated a plot to kill Escarella. At a dinner meeting, Tan Yong offered a reward for someone to carry out the killing. Appellant, who was acquainted with Escarella, acted as a decoy to lure him. On the night of September 21, 1925, appellant, along with Tan Yong, Chan Lin Tam, and Lim Sio Chong (the driver), picked up Escarella. After a night of dining and visiting establishments, the group drove to a secluded area near Fort McKinley. There, appellant struck Escarella in the head with a car cranking tool. Escarella was then assaulted by appellant, Tan Yong, and Chan Lin Tam, resulting in his death. Appellant initially confessed to his involvement but later recanted, offering conflicting versions of the events. The trial court found him guilty based on the testimony of Lim Sio Chong and appellant’s own confession.

ISSUE

1. Whether the evidence is sufficient to sustain appellant’s conviction for murder.
2. Whether the Supreme Court’s decision affirming the death penalty is valid despite the Chief Justice not having participated in its promulgation.

RULING

1. ON THE SUFFICIENCY OF EVIDENCE: Yes. The Supreme Court affirmed the conviction. The evidence, particularly the credible testimony of Lim Sio Chong and appellant’s own detailed confession (Exhibit D), conclusively established appellant’s active participation in the conspiracy to kill Escarella and his direct act of inflicting the fatal blow. His subsequent recantation and inconsistent stories were deemed unreliable. The killing was attended by treachery (alevosia), qualifying it as murder.

2. ON THE VALIDITY OF THE DECISION: Yes. The appellant filed a motion for reconsideration arguing that the decision was void because the Chief Justice did not participate. The Court held that the requirement under Act No. 3104 for all members to sign a death penalty decision applies only to Justices who are on duty and not legally disqualified. At the time the case was deliberated and decided, the Chief Justice was on an official leave of absence, which constituted a legal disqualification (“inhibido legalmente”). Therefore, the participation of all sitting Justices at that time satisfied the legal requirement. Upon the motion for reconsideration, the Chief Justice, now informed of the record, concurred with the decision, rendering it unanimous.

DISPOSITIVE PORTION:
The judgment of the Court of First Instance finding Agustin Chan Lin Wat guilty of murder and sentencing him to death was AFFIRMED. The motion for reconsideration was DENIED.