G.R. No. L-2186; January 29, 1949
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUAN BULATAO, defendant-appellant.

FACTS

On the afternoon of April 19, 1946, appellant Juan Bulatao was assaulted and rendered unconscious by four men, including Jose Tan, due to a mistaken identity over an unpaid drink. The matter was clarified, and Bulatao forgave them. In the early morning of April 20, 1946, four armed men, including Bulatao, forcibly took Jose Tan from his house. Tan’s mother (Marta Dungca) and wife (Lucia Go) positively identified Bulatao under bright moonlight and electric light. Tan’s body was found later that morning with fatal injuries. Bulatao denied involvement, but the trial court found him guilty of homicide, appreciating the aggravating circumstance of nocturnity.

ISSUE

Whether the trial court correctly convicted the appellant and properly appreciated the circumstances attending the crime.

RULING

The Supreme Court affirmed the conviction but modified the classification and penalty. The killing constituted murder qualified by treachery, as the attack was sudden and rendered the victim defenseless. Nocturnity is absorbed by treachery. The mitigating circumstances of vindication of a grave offense (the prior assault by Tan’s group) and voluntary surrender were credited. Appellant was sentenced to an indeterminate penalty of four years, two months, and one day of prision correccional to ten years and one day of prision mayor, and to pay an increased indemnity of P6,000 to the heirs of Jose Tan.

AI Generated by Armztrong.