G.R. No. 6635, September 14, 1911
THE UNITED STATES, plaintiff-appellee, vs. THE MORO JAKAN TUCKO, defendant-appellant.

FACTS

The Moro Jakan Tucko was courting the Moro woman Dahu, but she instead married the Moro Maalum. After their marriage, Tucko moved his residence to be near the couple’s house in the sitio of Guiu, Bacun, Basilan. On the morning of June 9, 1910, Tucko approached Dahu while she was planting sweet potatoes and made an ominous statement implying a violent event would soon occur. That same night, while Maalum, Dahu, and Dahu’s brother Saali were asleep in their house, Maalum was fatally stabbed in the stomach. Before dying, Maalum identified Tucko as his assailant. Tucko was charged with murder. During the preliminary investigation before a tribal ward court judge, Tucko confessed that he entered the house and stabbed Maalum while he slept, motivated by revenge because Maalum married Dahu and due to an existing family feud. The trial court sentenced Tucko to death. The case was elevated to the Supreme Court for automatic review.

ISSUE

Whether the trial court erred in convicting the defendant of murder and imposing the death penalty.

RULING

The Supreme Court affirmed the conviction for murder under Article 403 of the Penal Code but modified the penalty. The killing was qualified by treachery (alevosia) as the victim was attacked while asleep, ensuring the execution without risk to the aggressor. The Court found the evidence sufficient, consisting of: (1) the dying declaration of the victim; (2) the extrajudicial confession of the accused made before a competent authority; and (3) corroborating circumstantial evidence, including Tucko’s threatening statement to Dahu and his motive.

The Court considered the aggravating circumstances of known premeditation and dwelling. However, these were offset by the special mitigating circumstance under Article 11 of the Penal Code, considering the defendant’s membership in the Moro tribe, his “barbarous and savage customs,” and his “absolute lack of education and culture.” The Court cited the explanatory statements of the Penal Code committee, which advised the application of lesser penalties when a strict enforcement might result in undue harshness given the conditions of the native races.

Consequently, the death penalty was reduced to life imprisonment (cadena perpetua). The Court also affirmed the order for Tucko to indemnify the heirs of the deceased in the amount of P1,000 and to pay the costs.