GR L 6330; (March, 1911) (Digest)
G.R. No. L-6330, March 6, 1911
THE UNITED STATES vs. JUAN ORACION and NICOLAS LAMBINO
FACTS
On January 13, 1910, in Dagupan, Pangasinan, appellants Juan Oracion and Nicolas Lambino invited Juan Tamudong and later Victoriano Jaramillo (alias Atong) to join them in a banquilla (small boat). They proceeded to a remote nipa forest area called Aliuecuec. There, the two accused suddenly seized Jaramillo, and Lambino struck him three times with a bolo, decapitating him. The body was moved and abandoned. Juan Tamudong witnessed the crime. His testimony was corroborated by Carlos Moyano, who saw the accused with the deceased earlier, and by the discovery of the corpse in the location Tamudong described. The defense presented an alibi, claiming they were elsewhere during the crime, but the trial court found their witnesses not credible.
ISSUE
Whether the trial court correctly convicted the appellants of murder qualified by alevosia (treachery).
RULING
Yes. The Supreme Court affirmed the conviction. The trial court properly credited the positive and corroborated testimony of the prosecution witnesses over the alibi defense, which was found to be fabricated. The manner of attacksuddenly seizing the victim, rendering him unable to defend or escapeconstituted alevosia, qualifying the killing as murder. The penalty of cadena perpetua (life imprisonment) and indemnity were upheld. (Note: Juan Oracion died pending appeal.)
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