G.R. No. L-3545, December 29, 1950
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE VILLARUEL, defendant-appellant.

FACTS

In the evening of December 19, 1937, Nu Chiang Yu alias Conchita was assaulted and fatally injured in her house in Madridejos, Cebu. Her maid, Albina Espino, testified that she heard a blow from Conchita’s room, saw the appellant, Jose Villaruel, emerge from that room, and immediately reported him to the police. Conchita died the next morning from a fractured skull caused by a piece of wood. Villaruel presented an alibi, supported by relatives, claiming he was in another barrio at the time. The trial court convicted him of murder.

ISSUE

Whether the trial court correctly convicted the appellant of murder.

RULING

No. The Supreme Court affirmed the appellant’s guilt for the killing but modified the conviction from murder to homicide. The prosecution witness Albina Espino was found credible, and her positive identification of Villaruel as the assailant prevailed over his weak alibi. However, the qualifying circumstances of treachery and premeditation alleged in the information were not proven, as no one witnessed the details of the assault. The crime was thus homicide, aggravated by dwelling and nighttime, with no mitigating circumstances. The penalty was reduced to an indeterminate sentence of 12 years of prision mayor to 20 years of reclusion temporal, with an indemnity to the heirs.

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