GR L 1026; (December, 1903) (Digest)
G.R. No. L-1026, December 21, 1903
THE UNITED STATES, complainant-appellee, vs. VICTORINO CORREA, ET AL., defendants-appellants.
FACTS:
The defendants, led by Victorino Correa, were charged with the murder of Pablo Jangat on or about January 1902. The deceased was treacherously invited to Victorino Correa’s house under the pretense of a pig barbecue. Upon arrival, he was seized by Leandro Monte, struck on the head by Alejo Correa, and restrained by Martin Lagursay. While bound and pleading for mercy, he was carried away on a pole in a dying condition and buried in a grave dug by several of the accused, including Marcos Tagaca who provided a crowbar. The prosecution’s eyewitnesses, Apolinario Castro and Leon Bumaro, detailed the events. The defendants generally denied involvement, setting up alibis. The Court of First Instance convicted Victorino Correa, Alejo Correa, Martin Lagursay, and Leandro Monte as principals; Romualdo Monte as an accomplice; and Marcos Tagaca as an encubridor (concealer). The defendants appealed and applied for amnesty under a July 1902 proclamation, which was denied.
ISSUE:
Whether the qualifying circumstance of alevosia (treachery) was present in the commission of the crime.
RULING:
Yes, the Supreme Court affirmed the judgment of the Court of First Instance. The Court held that the circumstance of alevosia was sufficiently proven. As defined in the Penal Code, alevosia exists when the offender employs means, methods, or forms in the execution of the crime which tend to directly and specially ensure its accomplishment without risk to themselves arising from any defense the victim might make. The deceased was killed through a scheme where he was lured by a false invitation, suddenly seized, immobilized, and attacked while helpless and pleading for his life. This method directly insured the crime’s execution without any risk to the assailants. The Court found the eyewitness testimony credible and rejected the defendants’ alibi defenses. The evidence established a conspiracy led by Victorino Correa to murder the victim. The Court also found no merit in the claim that Marcos Tagaca acted under duress, as he himself did not raise this defense and instead attempted to prove an alibi. The penalties imposed by the lower court were sustained.