G.R. No. 3176
THE UNITED STATES, plaintiff‑appellee,
vs.
C. M. PENDLETON, defendant‑appellant

FACTS
Pendleton, a lieutenant of the Philippine Constabulary, was intoxicated on the night of 1 December 1905 and borrowed an unlit carromata from a friend. While traveling the streets of San Nicolas, Cebu, he ordered several constabulary men and a civilian driver to accompany him. He discharged his firearm twice, the shots being heard by municipal policemen. When the policemen approached, Pendleton struck Municipal Policeman Leoncio Unabia with the barrel of his gun, then, from the rear window of the carromata, fired a third time, striking Unabia who fell dead. The body was subsequently moved in the carromata and taken to the chief of police. Witnessesthree constabulary men, two municipal policemen, and two neighborstestified to the sequence of events. The defense challenged the testimony on the ground of inconsistencies and alleged collusion, and disputed the forensic evidence concerning the range and nature of the wound. The trial court convicted Pendleton of murder (asesinato) and sentenced him to perpetual imprisonment, later reduced to a term of twenty years, a fine of ₱3,000 and costs.

ISSUE
Whether the evidence adduced at trial sufficiently proved beyond reasonable doubt that Pendleton deliberately killed Policeman Unabia, thereby constituting murder with the qualifying circumstance of alevosia, and whether the conviction and the imposed penalty are proper.

RULING
The Supreme Court held that the totality of the prosecution’s evidenceeye‑witness testimony, the circumstances of the shooting, and the absence of any credible evidence of a conspiracyestablished Pendleton’s guilt beyond reasonable doubt. The act of firing upon an unarmed, unsuspecting police officer who was walking away, without risk to the shooter, satisfies the element of alevosia, making the offense murder (asesinato). Pendleton’s drunkenness, not shown to be habitual, is regarded only as an extenuating circumstance, warranting the minimum grade of the crime. Accordingly, the conviction is affirmed. The sentence is reduced to imprisonment for seventeen years, four months and one day, an indemnity of ₱1,000, and the costs of both instances. The judgment is entered, and the case remanded to the lower court for execution of the sentence.