G.R. No. L-14642; August 16, 1919
THE UNITED STATES, plaintiff-appellee, vs. MORO MACARINFAS, defendant-appellant.

FACTS:
On the night of May 28, 1918, in Barrio Karangan, Misamis, the accused Moro Macarinfas, together with Francisco Jalim, went to the house of Roque Macaeran. While the deceased, his wife, and children were eating supper on the bamboo floor, Macarinfas, concealed beneath the house, thrust a sharp-pointed bolo upward through the floor slats. The weapon struck Macaeran near the anus and penetrated his abdomen, causing his death within an hour. The initial complaint for robbery with murder was amended to murder after a demurrer was sustained. The accused initially confessed to the crime before the chief of police and the justice of the peace but later recanted at trial, claiming the confession was coerced and made while he was “out of his mind.” The trial court convicted him of murder qualified by premeditation and aggravated by nocturnity and treachery, and imposed the death penalty.

ISSUE:
Whether the trial court erred in convicting the accused of murder, specifically in qualifying the killing with premeditation not alleged in the information, and in not properly considering the aggravating and mitigating circumstances.

RULING:
The Supreme Court affirmed the conviction for murder but modified the penalty. The killing was committed with treachery (alevosia), as the accused attacked suddenly from beneath the floor, exploiting the victim’s defenseless position and the darkness of the night, making it impossible for the victim to see his aggressor or defend himself. This circumstance qualifies the crime as murder under Article 403 of the Penal Code. The Court held that the circumstance of premeditation, not alleged in the information, could not be considered. The aggravating circumstance of nocturnity was held to be absorbed in treachery. The generic aggravating circumstance of dwelling was present, as the attack was made under the victim’s house. This was compensated by the mitigating circumstance of the accused’s race under Article 11 of the Penal Code, as amended by Act No. 2142. Consequently, the penalty was reduced from death to cadena perpetua (life imprisonment). The accused was also ordered to indemnify the heirs of the deceased in the amount of one thousand pesos (P1,000) and to pay the costs.