G.R. No. 1937 : March 10, 1905
THE UNITED STATES, complainant-appellee, vs. TOMAS DOON, defendant-appellant.

FACTS:
The defendant, Tomas Doon, was charged with the crime of murder for the killing of Ramon Gotica. The information alleged that in or about April 1902, in the barrio of Caruhatan, Polo, Bulacan, the defendant, with known premeditation and armed with a revolver and a bolo, pursued and overtook the victim. He tied Gotica’s elbows, led him to Sapangmalalim, and there, holding him by the hair, cut his throat with a bolo, causing instant death. During the trial, witnesses testified that the defendant had previously threatened to kill Gotica and was living illicitly with the victim’s wife. Two witnesses, Jose Dorona and Apolonio Padrinao, saw the defendant chase, tie, and kill Gotica. That same night, the defendant, with companions, forced Padrinao to help move and conceal the corpse, threatening him with death if he revealed the crime. The residents of the barrio did not initially report the crime due to fear, as the defendant claimed to be a captain under the Katipunan leader Contreras. After the killing, Doon moved into the victim’s house to live with the widow.

ISSUE:
Whether the defendant, Tomas Doon, is guilty of the crime of murder.

RULING:
Yes, the Supreme Court affirmed the judgment of the lower court finding Tomas Doon guilty of murder. The Court held that the killing of Ramon Gotica was proven beyond reasonable doubt and was attended by the qualifying circumstance of treachery (alevosia). The defendant ensured the execution of the crime without risk to himself by first tying the victim’s elbows, thereby rendering him defenseless, and then striking him in the neck with a bolo. These acts constitute murder under Article 403 of the Penal Code. The Court found the defendant’s liability as a principal indubitable, as the evidence for the prosecution was strong and the defense failed to overcome it or prove the witnesses false. The alleged circumstance of premeditation was not considered proven. With no aggravating or mitigating circumstances, the penalty was imposed in its medium degree. The Court affirmed the sentence of cadena perpetua, the payment of 1,000 pesos to the heirs of the deceased, and the corresponding accessory penalties under Article 54 of the Penal Code.