G.R. No. L-1807; April 20, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DY TOO (alias DONATO POMORALA) and CHU SE BENG, defendants-appellants.

FACTS

Appellants Dy Too and Chu Se Beng were convicted of murder for the killing of Alfonso Ang Liongto in Davao City. The evidence established that Chu Se Beng and his companions arrived in Davao claiming authority to investigate the Chinese community and threatened Ang Liongto if he refused to confer with them. On the evening of April 15, 1946, Dy Too shot Ang Liongto from behind at the Davao wharf. Immediately after the shooting, both appellants fled the scene, with Chu Se Beng running away and Dy Too being seen carrying a .45 caliber pistol. When intercepted by police, each appellant falsely accused the other of being a thief (“ladron”) to mislead authorities. Empty .45 caliber cartridges found at the crime scene matched ammunition discovered in Dy Too’s belongings. Both appellants interposed alibis, which the trial court rejected.

ISSUE

Whether the guilt of appellants Dy Too and Chu Se Beng for the crime of murder was proven beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the conviction. The evidence conclusively established conspiracy between the appellants, as shown by their coordinated actions before and after the killing, including their attempts to contact and threaten the victim and their concerted effort to mislead police after the shooting. The killing was attended by the qualifying circumstance of treachery (alevosia), as the victim was shot unexpectedly from behind. The aggravating circumstance of premeditation was also present due to the appellants’ elaborate preparations. The mitigating circumstance of lack of instruction was correctly applied by the trial court. The defense of alibi was properly rejected. The guilt of both appellants was proven beyond reasonable doubt.

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