G.R. No. 45925; June 7, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIANO CUSI and ANDRES WAGAN, defendants-appellants.

FACTS

The accused, Mariano Cusi and Andres Wagan, were convicted of murder for the killing of Gelasio Dimatatac. The prosecution evidence established that on the evening of May 6, 1936, Dimatatac was lured to the house of his niece. As he was leaving, Andres Wagan shot him from a concealed position outside a store. After being wounded, Dimatatac staggered, and Wagan fired a second shot. A third shot was fired by Mariano Cusi from outside the kitchen, after which both accused fled. Dimatatac died from the wounds. Gunpowder residue was found on the hands of both accused. Mariano Cusi had a prior grudge against the victim over a land dispute. The defense presented a version of lawful defense by Wagan and an alibi by Cusi, which the trial court rejected.

ISSUE

1. Whether the evidence sufficiently establishes the guilt of the accused for murder.
2. Whether the qualifying circumstance of treachery (alevosia) is present.
3. Whether the aggravating circumstance of evident premeditation is present.

RULING

The Supreme Court affirmed the conviction for murder but modified the penalty. The prosecution evidence was sufficient and credible, while the defenses of self-defense and alibi were unfounded. The killing was qualified by treachery because the victim was shot unexpectedly from a concealed position without any risk to the assailants. However, the aggravating circumstance of evident premeditation was not sufficiently proven. Considering the mitigating circumstance of lack of instruction, the penalty was reduced to the next lower degree. The appellants were sentenced to an indeterminate penalty of 10 years and 1 day of prision mayor to 17 years and 4 months of reclusion temporal. The rest of the trial court’s judgment was affirmed.

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