GR L 3614; (December, 1950) (Digest)
G.R. No. L-3614 December 21, 1950
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. RUFINO REDOÑA, defendant-appellant.
FACTS
On the morning of December 26, 1945, the accused Rufino Redoña, armed with a rifle and accompanied by five men armed with bolos, was on his way to the town of Burauen, Leyte. On the road, they met Demetrio Mantile. One of Redoña’s companions accused Mantile of being a spy. After beating him, they took him to a sugarcane field. While Mantile was walking ahead, Redoña shot him twice in the back, causing his death. The crime was witnessed by Sotero Poliño, who later reported it to Vito Corañes. The defense presented an alibi, claiming Redoña was farming in a different municipality, but the defense witness’s testimony contradicted this alibi. The prosecution witnesses did not immediately report the crime to authorities due to fear, as even the local police were afraid to act until the military police intervened.
ISSUE
Whether the accused is guilty of the crime of murder.
RULING
Yes, the accused is guilty of murder. The Supreme Court affirmed the conviction but modified the penalty. The killing was qualified by alevosia (treachery) because the victim was shot in the back while walking away, ensuring the execution of the crime without risk to the accused. The aggravating circumstance of abuse of superior strength is absorbed in treachery. The mitigating circumstance of lack of instruction was considered. Applying the Indeterminate Sentence Law, the penalty is set at an indeterminate sentence of ten years and one day of prisión mayor as minimum, to seventeen years, four months, and one day of reclusión temporal as maximum. The accused is also ordered to indemnify the heirs of the victim in the amount of P2,000 and pay the costs.
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