G.R. No. 1552 : April 22, 1904
THE UNITED STATES, complainant-appellant, vs. DAVID TOMULAC, defendant-appellee.

FACTS:
The defendant, David Tomulac, was charged with the crime of assassination for the killing of Prudencio Godines. The Court of First Instance of Cebu dismissed the case, finding the testimony of the primary witness, Anatalia Ngojo (the victim’s wife), to be contradictory on important facts. The prosecution appealed.

The evidence for the prosecution established that on the night of April 30, 1903, the victim and his wife were sleeping on a bamboo-slat floor in their house. Anatalia Ngojo testified that she saw the accused, whom she knew and who lived nearby, under their house thrusting a “pinuti” (a bladed weapon) up through the floor, wounding her husband. She later saw him emerge from under the house carrying the weapon and running toward his own house. Her testimony was corroborated by Serapia Godines, who testified to meeting the accused coming from under the victim’s house with a “pinuti” that night. Leocadio Dignos testified to arresting the accused in his house later that same night. Evidence of a prior land dispute between the accused and the deceased was presented to show motive.

The defense presented an alibi, with the accused and three witnesses testifying that he was out fishing from the afternoon of April 30 until the early morning of May 1 and could not have been at the scene of the crime.

ISSUE:
Whether the trial court erred in dismissing the case based on an alleged contradiction in the testimony of the principal eyewitness.

RULING:
Yes. The Supreme Court reversed the dismissal and convicted the accused. The Court held that the trial court erred in finding the eyewitness’s testimony contradictory. Her statementsthat she saw the accused under the house during the stabbing and again as he fledwere not contradictory but rather described two separate observations of the accused during the same criminal event. The Court found the prosecution’s evidence, including positive identification by two witnesses and evidence of motive, to be credible and sufficient to establish guilt beyond reasonable doubt. The Court expressly disbelieved the defense of alibi.

The Court found the crime to be assassination (murder), qualified by premeditation. The aggravating circumstances of nocturnity (nighttime) and alevosia (treachery) were also present. The Supreme Court sentenced David Tomulac to cadena perpetua (life imprisonment), the accessories of the law, a fine of P1,000 payable to the victim’s widow, and the costs of both instances.