G.R. No. 26708 , September 29, 1927
PEOPLE OF THE PHILIPPINE ISLANDS vs. ALEJO RESABAL

FACTS

In the early morning of April 25, 1926, Primo Ordiz was killed by a gunshot wound in his home in Maasin, Leyte. An information was filed charging Alejo Resabal with murder, committed with treachery, evident premeditation, and nocturnity. The trial court convicted Resabal of murder and imposed the death penalty, finding the aggravating circumstances of evident premeditation, nocturnity, and dwelling. The case was elevated to the Supreme Court for automatic review.

The prosecution’s evidence established that Resabal had a motive arising from a dispute over a carabao that damaged Ordiz’s coconut trees. Witness Glicerio Orit testified that Resabal, armed with a revolver, invited him to Ordiz’s house to kill him. Orit saw Resabal open a window, after which Orit left and heard a gunshot. The boy Jose Ordiz, who was sleeping in the house, was awakened by an explosion and saw his uncle vomiting blood. The revolver used (Exhibit B) was later found hidden, wrapped in a piece of cloth (Exhibit C-1) that matched another piece (Exhibit F) found in Resabal’s trunk, completing a pair of drawers. Witness Carmelo Ordiz testified that Resabal, believing him to be an enemy of the deceased, also invited him to kill Ordiz on the night before the incident. Resabal presented an alibi, claiming he was at home with his family, but the court found this unconvincing given the short distance between the houses.

ISSUE

Whether the trial court erred in convicting appellant Alejo Resabal of murder based on the evidence presented.

RULING

No, the Supreme Court affirmed the conviction but modified the penalty. The Court found the evidence sufficient to establish Resabal’s guilt beyond reasonable doubt. The testimonies of witnesses, particularly Glicerio Orit and Carmelo Ordiz, were credible and corroborated by physical evidence (the revolver and matching cloth pieces). The defense’s attacks on witness credibility and the alibi were unavailing. The crime was murder qualified by treachery, as the attack was made at night through a window, ensuring no risk to the assailant from any defense by the victim.

Regarding the penalty, the Court noted the presence of aggravating circumstances (evident premeditation, nocturnity, and dwelling) but, because the vote on imposing the death penalty was not unanimous as required by Act No. 3104 , it could not be imposed. Consequently, the penalty was reduced to *cadena perpetua* (life imprisonment). The judgment was affirmed in all other respects, including the indemnity to the heirs.