G.R. No. L-2921 June 27, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TEOFILO CONDE Y VILLAROSA, defendant-appellant.

FACTS

Teofilo Conde was convicted of murder by the Court of First Instance of Manila and sentenced to reclusion perpetua. The prosecution established that Conde was having illicit relations with Maria Baguio, the wife of the deceased Cipriano Pensaber. On October 12, 1948, Pensaber’s hogtied corpse was found floating in the Pasig River. The autopsy concluded death was likely due to asphyxia from drowning, with foul circumstances indicated by the binding. Maria Baguio informed police that Conde had confessed to her that he killed Pensaber. After his arrest, Conde initially denied involvement but later gave a detailed written confession, which he ratified under oath before the Assistant Provincial Fiscal of Rizal. He subsequently reenacted the crime at the Nagtahan bridge, with the police photographing the demonstration. According to his confession and the reenactment, on October 11, 1948, Conde met Pensaber. While walking on the Nagtahan bridge, Pensaber asked about Maria and, after Conde admitted she was living with him, slapped Conde. Conde then twisted Pensaber’s arm, hit his testicles, causing him to fall unconscious. Conde then tied Pensaber’s hands and feet with a rope and threw him into the river.

ISSUE

1. Whether the guilt of the accused was proven beyond reasonable doubt.
2. Whether the element of treachery (alevosia) was present in the commission of the crime.

RULING

1. Yes, the guilt of the accused was proven beyond reasonable doubt. The court found the testimony of Maria Baguio credible, as her illicit relationship with Conde did not mean she would condone her husband’s murder. Her testimony was corroborated by Conde’s voluntary confessions and the detailed reenactment of the crime, which he willingly performed. The police officers testified no force or intimidation was used, and the confession was sworn to before a fiscal.
2. No, treachery was not present. The court found no premeditation or alevosia. The altercation arose suddenly after Pensaber slapped Conde, and the killing did not involve the deliberate adoption of means to ensure execution without risk to the assailant. Therefore, the crime is homicide, not murder.
The appealed judgment was modified. The accused is sentenced to an indeterminate penalty of twelve (12) years of prision mayor to seventeen (17) years and four (4) months of reclusion temporal, with accessory penalties, to indemnify the heirs of the deceased in the sum of P6,000, and to pay the costs.