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 on August 5, 1943. The Court of Appeals, upon review, found the crime to be murder qualified by treachery with the aggravating circumstance of nighttime and certified the case to the Supreme Court due to the penalty involved. The evidence established that appellant, accompanied by armed men including a guerrilla lieutenant, went to the victim’s house at night. When the victim refused to come out and the door was blocked by the inmates, appellant ordered, “If he does not come out, shoot him inside the house.” The lieutenant then fired through the wall, killing Valenzuela. The motive for the killing stemmed from prior land disputes and family disagreements. Appellant 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

Yes. The Supreme Court affirmed the finding of murder qualified by treachery. The victim was shot from behind while leaning against a door inside his dwelling, unaware of the imminent attack, which constituted a treacherous assault. The Court held that the aggravating circumstance of nocturnity is absorbed in treachery. However, the aggravating circumstance of dwelling was properly considered. 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 necessary votes, it was commuted to reclusion perpetua. The indemnity to the heirs was increased to P6,000. The decision of the trial court was affirmed with these modifications.

AI Generated by Armztrong.