G.R. No. L-25534 - People vs. Fastidio y Casiano

Defendant-appellant Felipe Fastidio, a married schoolteacher from San Antonio, Zambales, was convicted of murdering Mrs. Julita Gallardo Colorado on March 10, 1961.
Mrs. Colorado, approximately 30 years old and married to Antonio Colorado of San Marcelino, Zambales, was found dead in Room No. 10 of the Broadway Hotel in San Fernando, Pampanga.
Appellant and Mrs. Colorado had a clandestine, illicit relationship spanning several years, with appellant believed to be the father of one or two of her seven children, including Felita Aileen (commonly Aileen) Colorado.

Over 70 love letters written by appellant to Mrs. Colorado were introduced, showing passionate and possessive undertones. The letters were unsigned but bore distinctive initials or marks.
Mrs. Colorado’s daughter Evelyn learned of the affair in February 1961 when Mrs. Colorado tearfully confided in her and gave her a note and picture of appellant, instructing Evelyn to keep the secret until Felita Aileen could understand.
Mrs. Colorado had promised her husband to end the affair but revealed appellant’s threats to kill her if she left him, including threats to commit suicide together by poison.

On March 10, 1961, Mrs. Colorado was found stabbed to death in the hotel room, with twelve stab wounds and one abrasion, notably injuring her lung, heart (auricle), and liver, causing death by traumatic shock and hemorrhage.
The hotel register showed the companion’s name as "Flor Herrera ... Manila." Witnesses identified appellant as the man accompanying Mrs. Colorado that day at the hotel.
Police investigation revealed that the room was locked from inside and had iron grills on the window, indicating the assailant was inside during the killing.
Fingerprints matching appellant’s were lifted from a drinking glass found in the room. Handwriting experts linked appellant to various letters and the hotel register entry.
Appellant’s alibi was that he spent March 10, 1961, in San Juan, Rizal, helping his sister-in-law Mrs. Amparo Barreto and attending to an injured left hand, but medical examination contradicted his explanation of the injury’s cause.

On March 11, 1961, police officers brought witnesses to appellant’s home to identify him; both Chan Fook (hotel manager) and Ernesto Cortez (waiter) positively identified appellant as the man who stayed in Room No. 10 with Mrs. Colorado on the day of the murder.
Appellant initially denied knowing Mrs. Colorado but admitted authorship of incriminating letters.
He was brought to Camp Olivas where further identification and fingerprinting were conducted.

Medical testimony showed appellant’s hand injuries were consistent with defensive wounds from a struggle involving the murder weapon, not accidental injuries as he claimed.
The victim resisted, as indicated by her body position, torn clothing, absence of spermatozoa, and clutched pubic hair in her right hand.
The defense’s allegation that letters mentioning a child named Rose Marie did not belong to appellant was rebutted by handwriting experts and the prosecution’s argument that appellant disguised his handwriting and used deceptive devices in the letters.

Whether appellant Felipe Fastidio is guilty beyond reasonable doubt of the murder of Mrs. Julita Gallardo Colorado.
Whether appellant’s alibi and defense evidence sufficiently negate his guilt.
Whether the evidence supports the qualifying circumstances of evident premeditation, abuse of confidence, craft, ungratefulness, and superior strength to elevate the crime to murder with special aggravations.
Whether the trial court erred in recommending pardon for appellant based on his first offense and conduct.