G.R. No. L-288; August 29, 1946
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ISABELO NOBLE, defendant-appellant.

FACTS

The defendant-appellant, Dr. Isabelo Noble, was convicted of murder for shooting and killing Private George F. Ott of the U.S. Army on the evening of October 22, 1945, in Taal, Batangas. Earlier that evening, Ott, along with two other American soldiers, had taken Consolacion Noble (the defendant’s 50-year-old widow sister), her daughter Corazon Apacible, and Dr. Paz Fores (a friend visiting Corazon) to see a movie at an Army camp. Ott and Consolacion rode alone in one jeep to and from the camp. Upon returning to the house where the women stayed, the guests were invited inside. Ott was in the ante-room fixing a phonograph when the defendant arrived, went up the stairs, and shot Ott multiple times with a .45 caliber pistol, causing his death.
At trial, the defendant claimed he acted in defense of his sister’s honor, testifying that upon arriving, he saw Ott forcibly trying to embrace and kiss Consolacion, who was with Ott in the ante-room. He stated he fired a warning shot that missed, then fired more shots as Ott moved to pick up a chair. This version was corroborated by the testimony of Consolacion Noble and another witness, Lolita O. de la Raya. However, Consolacion had initially given a sworn statement to the justice of the peace the day after the crime stating it was her daughter Corazon, not herself, who was with Ott. At trial, she recanted this, saying the initial statement was false and part of an agreement with Corazon and Paz Fores to hide her fraternization from her uncle.
The prosecution’s evidence, primarily from Corazon Apacible and Paz Fores, asserted that it was Corazon, not Consolacion, who was in the ante-room with Ott when the shooting started. Paz Fores further testified that she was engaged to marry Ott and that the defendant had courted her but was rejected. The trial court convicted the defendant of murder.

ISSUE

Whether the defendant acted in lawful defense of his sister’s honor, thereby justifying the killing, or whether the killing was motivated by jealousy and constituted murder.

RULING

The Supreme Court affirmed the conviction, rejecting the defense of defense of a relative’s honor. The Court found the defendant’s version not credible and unsupported by the weight of evidence and probabilities.
The Court held that the defendant failed to meet the burden of proving justification for the crime. It found the testimony of the prosecution witnesses (Corazon Apacible and Paz Fores) that Corazon was the lady with Ott to be more credible, natural, and trustworthy. In contrast, the defense witnesses’ testimony, particularly Consolacion Noble’s recantation of her initial sworn statement, was deemed unreliable. The Court noted it was strange that the defendant did not initially present Consolacion as his witness if her corroboration on the vital point of his defense was true.
The Court concluded that the killing was not motivated by a defense of honor. The circumstances made it highly improbable that Ott would make such an advance on Consolacion, an elderly widow, during an ongoing party with people moving about. The Court found the true motive to be jealousy and disappointment, as the defendant was in love with Paz Fores, who was engaged to Ott. The manner of the killing—shooting the victim at least five times, including shots fired when he was already down—indicated “bitter hatred” rather than a sudden defense of honor. Therefore, the defendant was guilty of murder.