G.R. No. 2094 : January 11, 1905
THE UNITED STATES, complainant-appellee, vs. MANUEL TOMINES, defendant-appellant.

FACTS:
On the night of January 2, 1904, in Naguilian, Isabela, the defendant, Manuel Tomines, together with several armed companions, entered the house of the local justice of the peace. They were searching for the justice of the peace, intending to kill him for allegedly being a traitor to their association, the “Nuevo Katipunan.” Unable to find him, Tomines sought out the justice’s wife, Maria Patiac. He found her hiding on the floor, covered with blankets and pillows. Upon uncovering her, he threatened to shoot her. While she was kneeling and begging for mercy, Tomines shot her in the left eye with a rifle, causing her immediate death. After the killing, Tomines and his group abducted several other individuals from the area. At his arraignment on April 7, 1904, Tomines pleaded guilty to the charge of assassination. Despite the plea, the trial court proceeded to receive evidence, found him guilty, and sentenced him to death. The case was elevated to the Supreme Court en consulta.

ISSUE:
Whether the penalty of death imposed by the trial court is correct, considering the circumstances of the crime.

RULING:
Yes, the Supreme Court affirmed the death penalty. The Court found that the facts constituted the crime of assassination under Article 403 of the Penal Code, qualified by alevosia (treachery), as the victim was killed while defenseless and pleading for her life. The Court further identified the presence of two aggravating circumstances: (1) evident premeditation, as the group had repeatedly declared their intent to kill the justice of the peace and his wife; and (2) nocturnity (nighttime), which facilitated the crime. No mitigating circumstances were present. With the crime qualified by treachery and aggravated by at least one circumstance, the maximum penalty provided by lawdeathwas properly imposed. The sentence was to be carried out by hanging.