G.R. No. L-6829 / December 15, 1911
THE UNITED STATES, plaintiff-appellee, vs. ASLUL, defendant-appellant.

FACTS

The defendant, Aslul, was charged with the crime of murder (asesinato) in the Court of First Instance of Zamboanga. The information alleged that on August 20, 1908, in Basak, Basilan, Aslul, aided by his brother Akalol (now deceased), willfully killed the Moro Pusong with a barong. The deceased had been acting as a guide for the American military forces in operations against a band of outlaws to which Aslul belonged. The information alleged the qualifying circumstances of “alevosia” (treachery) and “premeditacion conocida” (known premeditation). After trial, the lower court found Aslul guilty of assassination with the qualifying circumstance of “premeditacion conocida” and sentenced him to cadena perpetua (life imprisonment), indemnity, and costs. Aslul appealed, questioning the sufficiency of the evidence for his conviction.

ISSUE

Whether the evidence adduced during the trial is sufficient to prove the existence of the qualifying circumstances of murder under Article 403 of the Penal Code, thereby convicting Aslul of asesinato, or if the crime committed is only homicide.

RULING

The Supreme Court reversed the judgment of the lower court. It held that the evidence was insufficient to prove any of the qualifying circumstances for murder under Article 403 of the Penal Code. While the evidence established that Aslul, with his brother, killed Pusong at nighttime with a barong, there was no proof beyond a mere suspicion of the alleged “premeditacion conocida” or “alevosia.” Qualifying circumstances must be proven as conclusively as any other element of the crime. In the absence of such proof, the crime committed is homicide, not murder. The homicide was committed with the aggravating circumstances of nocturnity and use of a prohibited weapon (barong). Applying the rules for aggravating circumstances, the penalty must be imposed in its maximum degree. Therefore, the Court sentenced Aslul to twenty (20) years of reclusion temporal, with the accessory penalties under Article 55 of the Penal Code, indemnity to the heirs of the deceased in the amount of P1,000, and payment of costs.