G.R. No. 19561 ; January 22, 1923
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. VICENTE GUTIERREZ, defendant-appellant.

FACTS

The accused, Vicente Gutierrez, was charged with the murder of Basilio Agustin. The information alleged that on March 11, 1922, in Victoria, Tarlac, the accused, with treachery and premeditation, shot and killed Basilio Agustin while the latter was riding a carabao pulling a cart and had his back turned. The crime was allegedly committed at nighttime in an uninhabited place. After trial, the Court of First Instance convicted Gutierrez of homicide (not murder) and sentenced him to 14 years, 8 months, and 1 day of reclusion temporal, with indemnity and costs. Gutierrez appealed, contesting the trial court’s findings on his identity as the perpetrator, the inference from his alleged trembling before the corpse, the assigned motive, and the conviction itself.

ISSUE

Whether the trial court erred in convicting the accused-appellant, Vicente Gutierrez, of the crime of homicide based on the evidence presented.

RULING

No, the trial court did not err. The Supreme Court affirmed the conviction. The evidence for the prosecution, primarily the clear, positive, and convincing testimony of the victim’s wife who identified Gutierrez as the shooter on a moonlight night, was deemed credible. Her testimony was materially corroborated by the appellant’s conduct the morning after the crime, where he trembled when questioned by police and was pointed out by the widow near the corpse. The Court found the testimony for the defense doubtful and evasive. While the precise motive for the killing was not fully apparent and might have arisen from a quarrel over whether the road used was public or private, the evidence established Gutierrez’s guilt beyond a reasonable doubt. The Supreme Court agreed with the penalty imposed by the trial court and saw no reason to increase it.