People v. Resabal
REITERATIONFacts
The Antecedents: On April 25, 1926, Primo Ordiz died at his home due to an internal hemorrhage caused by a gunshot wound to the left lung. The prosecution alleged that the accused, Alejo Resabal, along with others, conspired to kill Primo Ordiz by shooting him through a window, employing treachery and evident premeditation, taking advantage of nocturnity, and acting in common agreement. Procedural History: The accused, Alejo Resabal, was charged with murder in the Court of First Instance of Leyte. The trial court found the accused guilty of murder, appreciating the aggravating circumstances of evident premeditation, nocturnity, and dwelling, and imposed the death penalty. The case was elevated to the Supreme Court for automatic review. The Petition: The defense argued that the trial court erred in giving credence to the testimony of Glicerio Orit and in not acquitting the accused based on reasonable doubt. The defense also questioned the credibility of other witnesses and the accused's motive. The Attorney-General, on the other hand, sought the affirmation of the trial court's judgment.
Issue(s)
Whether the guilt of the accused Alejo Resabal for the crime of murder has been proven beyond reasonable doubt. Whether the aggravating circumstances of evident premeditation, nocturnity, and dwelling were correctly appreciated by the trial court. Whether the death penalty is the appropriate penalty for the crime committed.
Ruling
The Supreme Court affirmed the conviction of the accused for murder but modified the penalty. The Court found the accused guilty of murder committed with treachery. However, due to a divided vote on the imposition of the death penalty, the maximum penalty of death was not imposed. Instead, the penalty of cadena perpetua was imposed, with the accessories of Article 54 of the Penal Code. The judgment of the trial court was affirmed in all other respects.
Ratio Decidendi
On Issue 1: The Court found that the guilt of the accused Alejo Resabal was proven beyond reasonable doubt. The testimony of Glicerio Orit, who was invited by the accused to kill Primo Ordiz and heard the explosion, was corroborated by the declaration of Jose Ordiz, who was awakened by the shot and saw the victim vomiting blood. The discovery of the revolver, Exhibit B, which was hidden by the accused and later found, further strengthened the prosecution's case. The court also found that the piece of cloth used to wrap the revolver matched a piece found in the accused's trunk, linking him directly to the weapon. The motive for the crime, a disagreement over a carabao, was deemed sufficient among country people. The defense of alibi was found insufficient due to the proximity of the houses and the natural interest of the accused's family in testifying for him. The court also addressed the credibility of Glicerio Orit, stating that being excluded from the information does not automatically make him untrustworthy, and any apparent contradiction in his testimony was not sufficiently impeached without giving him an opportunity to explain. On Issue 2: The trial court appreciated the aggravating circumstances of evident premeditation, nocturnity, and dwelling. The evidence showed that the accused invited Glicerio Orit to kill the deceased the night before, indicating premeditation. The crime was committed in the early morning, suggesting nocturnity. The fact that the accused opened the window of the deceased's house to commit the crime also points to dwelling. However, the Court's opinion was divided on the imposition of the death penalty, making it unnecessary to discuss in detail the presence of these aggravating circumstances in relation to the maximum penalty. On Issue 3: The trial court imposed the death penalty. However, the Court's opinion was divided regarding the imposition of the death penalty, as required by Act No. 3104. Since the vote was not unanimous, the maximum penalty of death could not be imposed. Consequently, the Court imposed the penalty of cadena perpetua, which is the next lower penalty, with the accessories of Article 54 of the Penal Code.
Main Doctrine
The crime of murder is committed when a person is killed with treachery, which is defined as the employment of means, methods, or forms in the execution of the crime which tend directly and specially to ensure its execution without risk to the offender arising from any defense which the offended party might make. The presence of aggravating circumstances such as evident premeditation, nocturnity, and dwelling, when proven, can increase the penalty, but the imposition of the death penalty requires a unanimous vote of the members of the Court who took part in the discussion.