G.R. No. L-3024; April 1, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LAZARO ALBAR, defendant and appellant.

FACTS

Lazaro Albar was convicted of homicide by the Court of First Instance of Camarines Sur for the killing of Juan Valenzuela. The Court of Appeals, upon review, found the crime to be murder qualified by treachery and certified the case to the Supreme Court due to the penalty involved. The established facts show that on the night of August 5, 1943, appellant Lazaro Albar, along with an armed group including guerrilla lieutenant Rosendo Romero, went to the house of the victim, Juan Valenzuela. After the victim refused to come out and the group was prevented from entering, Albar ordered, “If he does not come out, shoot him inside the house.” Romero then fired through the wall of the house, killing Valenzuela. The motive for the killing stemmed from prior land disputes and family disagreements between Albar and the victim. Albar interposed the defense of alibi, which the trial court rejected.

ISSUE

Whether the crime committed is murder qualified by treachery and what are the attendant aggravating circumstances.

RULING

The Supreme Court affirmed the finding of murder qualified by treachery (alevosia). The victim was shot while defenseless, leaning against a door inside his own house, unaware of the imminent attack from outside. The Court held that Albar is guilty as a principal, either by conspiracy or by induction, for ordering the shooting. The aggravating circumstance of nocturnity is absorbed by treachery. However, the aggravating circumstance of dwelling is present and attendant. The penalty for murder is reclusion temporal to death. With the aggravating circumstance of dwelling, the penalty should be imposed in its maximum degree (death), but for lack of sufficient votes, it was commuted to reclusion perpetua. The indemnity to the heirs was increased to P6,000. The trial court’s decision was affirmed with these modifications.

AI Generated by Armztrong.