G.R. No. L-5520 July 31, 1953
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MORO SABILUL, defendant-appellant.

FACTS

On November 11, 1949, the City Fiscal of Basilan City filed an information for murder against Moro Sabilul. During the initial hearing, his counsel manifested that Sabilul would plead guilty, praying for a sentence of destierro because the killing occurred when Sabilul surprised the deceased, Moro Lario, in the act of sexual intercourse with his wife, Mora Mislayan. The Fiscal argued the deceased was killed in cold blood while bathing. Without receiving evidence, the trial court found Sabilul guilty of murder and sentenced him. On appeal, the Supreme Court reversed this decision, finding a misunderstanding regarding the plea of guilty, which was conditioned on the penalty under Article 247 of the Revised Penal Code. The Supreme Court ordered a new trial.
In the new trial, the lower court proceeded on the assumption Sabilul had pleaded guilty to murder and ordered the defense to present evidence that he was compelled by surprising his spouse in the act of intercourse. Evidence was presented by both defense and prosecution. Sabilul testified that on September 14, 1949, while plowing, he heard a noise, rushed to the creek, and found Lario on top of his wrestling wife who was shouting “don’t, don’t”. He picked up a nearby pira (Yakan bladed weapon) and slashed Lario, who attempted to flee but was overtaken and slashed further, resulting in Lario’s death. Sabilul surrendered to authorities. His wife corroborated his testimony. The prosecution’s rebuttal relied on speculative inferences, such as the wife’s attire making intercourse difficult and the lack of blood traces, but did not present direct evidence contradicting the spouses’ testimony. The trial court again found Sabilul guilty of murder and sentenced him to an indeterminate penalty. Sabilul appealed.

ISSUE

Whether the trial court correctly convicted Moro Sabilul of murder based on his plea and the evidence presented.

RULING

No. The Supreme Court modified the appealed judgment. The Court held that the appellant’s plea of guilty was conditional upon the allegation that the killing was done upon surprising his wife in the act of sexual intercourse, and thus must be considered as a plea of not guilty. Upon the facts, the majority of the Court found that Sabilul killed Lario in the act of adultery with his consenting wife. Therefore, he is guilty under Article 247 of the Revised Penal Code (Death or physical injuries inflicted under exceptional circumstances) and is sentenced to destierro for 2 years, 4 months, and 1 day, during which he shall not enter within a 25-kilometer radius from Basilan City. The writer of the decision would have acquitted Sabilul on the ground of defense of his wife’s person, but the majority opinion prevailed.