G.R. No. 1957 : January 30, 1905
THE UNITED STATES, complainant-appellee, vs. SATURNINO ASILO, defendant-appellant.

FACTS:
On the night of December 20, 1903, a group of individuals, including the appellant Saturnino Asilo, went to the house of Anastasio Claridad. They called for Claridad to come downstairs. When he refused, they fired two shots at him, inflicting a wound in his breast from which he died within three hours. The evidence did not clearly establish that it was Asilo who fired the fatal shot. The Court of First Instance found Asilo guilty as a principal of the crime of murder, qualified by treachery.

ISSUE:
Whether the trial court correctly convicted the appellant as a principal for the crime of murder, qualified by treachery.

RULING:
The Supreme Court affirmed the conviction of the appellant as a principal in the killing but modified the classification of the crime and the penalty.

1. On Criminal Liability as a Principal: The Court held that the appellant was correctly found guilty as a principal. Under Article 13 of the Penal Code, a principal includes not only the one who materially executes the crime but also those who participate directly in its execution. Asilo was part of the armed band that went to the victim’s house at a late hour with the clear purpose of attacking him. His presence and participation constituted direct cooperation, increasing the band’s offensive strength, and evidenced a prior conspiracy.

2. On the Qualifying Circumstance of Treachery (Alevosía): The Court ruled that treachery was not proven. The circumstancesbeing summoned by an armed group at an unusual hourwould have naturally aroused the victim’s suspicion, as shown by his refusal to come down. Since no one witnessed the precise moment of the aggression, there was no evidence that the assailants employed means to ensure the victim had no opportunity for defense. Treachery cannot be presumed; it must be proven as clearly as the crime itself.

3. Classification of the Crime and Penalty: Consequently, the crime is homicide under Article 404 of the Penal Code, not murder. The aggravating circumstances of nocturnity and dwelling were present. The penalty for homicide in its maximum degree was imposed. Although the complaint charged murder, a conviction for the included offense of homicide is permitted under Section 29 of General Orders No. 58.

DISPOSITIVE PORTION:
The appealed judgment was reversed. Appellant Saturnino Asilo was sentenced to eighteen (18) years of reclusión temporal, with its accessory penalties, and to pay the costs.