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 accused interposed an alibi, claiming he was farming in a different municipality on that date, but his own witness contradicted his testimony.

ISSUE

Whether the accused is guilty of the crime of murder (asesinato).

RULING

Yes. The Supreme Court affirmed the conviction for murder under Article 248 of the Revised Penal Code. The killing was qualified by alevosia (treachery) as 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 deemed absorbed in treachery. The mitigating circumstance of lack of instruction was considered. Applying the Indeterminate Sentence Law, the Court modified the penalty to an indeterminate sentence of ten years and one day of prision mayor as minimum, to seventeen years, four months and one day of reclusion temporal as maximum. The accused was also ordered to indemnify the heirs of the victim.

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