G.R. No. 1612 : April 27, 1905

FACTS:
George Gray was charged with the crime of assassination (equivalent to murder under the Revised Penal Code). The information alleged that on the night of August 15, 1903, in the Province of Cavite, Gray, armed with an iron bar, together with several other individuals armed with sticks and pieces of wood, willfully, maliciously, and treacherously beat Hermenegildo Eclar, inflicting fatal wounds. The trial court found Gray guilty as charged and sentenced him to seventeen years, four months, and one day of cadena temporal (imprisonment), plus payment of costs and civil indemnity.

ISSUE:
Whether the killing of Hermenegildo Eclar by George Gray was attended by the qualifying circumstance of alevosia (treachery) so as to constitute the crime of assassination (murder), or merely homicide.

RULING:
The Supreme Court REVERSED the judgment of the trial court. It held that the evidence fully established Gray’s guilt for the unlawful killing of Eclar, but disagreed with the trial court’s finding of treachery. The trial court had reasoned that treachery was present because the deceased was surrounded by several Americans and pursued by Gray for the fatal blow. The Supreme Court, reviewing all the facts, concluded that this circumstance did not constitute treachery as defined under Article 403 of the Penal Code to qualify the killing as assassination.

Consequently, the crime committed was homicide under Article 404 of the Penal Code, which is necessarily included in the charge of assassination. Taking into account the mitigating circumstance found by the trial court (Article 9, paragraph 7 of the Penal Code), the Supreme Court modified the penalty. George Gray was found guilty of homicide and sentenced to twelve years and one day of reclusion temporal*, with the corresponding accessory penalties, and ordered to pay civil indemnity and costs.

SEPARATE OPINION:
Justice Johnson dissented, stating that the evidence was insufficient to prove Gray’s guilt beyond a reasonable doubt.