G.R. No. L-432; May 23, 1949
The People of the Philippines vs. Ignacio Calinawan

FACTS

The accused, Ignacio Calinawan, was charged with the complex crime of treason with murder. The evidence established that on September 26, 1944, in Cebu, Calinawan and a companion, both armed and on bicycles, saw Romualdo Nacario. When Nacario ran away, Calinawan whistled at him. As Nacario continued to run, Calinawan dismounted and, from about fifty meters away, shot and killed him. The People’s Court convicted Calinawan of treason with murder and imposed the death penalty. On appeal, the Solicitor General conceded the conviction for treason was erroneous but argued Calinawan should be convicted of murder, alleging the killing was attended by treachery.

ISSUE

Whether the killing of Romualdo Nacario constitutes murder qualified by treachery or simple homicide.

RULING

The Supreme Court modified the judgment. It held the accused guilty only of homicide, not murder. The qualifying circumstance of treachery was not present. The meeting was casual, not premeditated. The act of shooting from a distance at a fleeing victim was impulsive, not a method deliberately chosen to eliminate risk from any defense the victim might make. Furthermore, the information’s allegation of acting “treasonably” referred to the crime of treason, not the qualifying circumstance of treachery for murder. Since treachery was not properly pleaded or proven, the killing is homicide. Calinawan was sentenced to an indeterminate penalty of 8 years and 1 day of prision mayor to 14 years, 8 months and 1 day of reclusion temporal, and to pay indemnity.

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