G.R. No. 173002 - Bautista vs. Ugst

Jose I. Baluyot (defendant-appellant) was convicted by the Court of First Instance of Bataan of murdering Conrado Lerma (plaintiff-appellee), the then Governor of Bataan.
The crime was committed on August 3, 1918.
Lerma was elected governor on June 6, 1916; Baluyot ran but placed third.
A personal rancor developed in Baluyot, who believed Lerma persecuted him.
Baluyot was also prosecuted for estafa in Manila, with a trial pending decision around the incident date.
Baluyot was temporarily relieved from his captaincy in the National Guard due to the estafa case pending.

On August 2, 1918, Baluyot traveled from Manila to Orion, Bataan, carrying a revolver.
On August 3, he shipped a piano belonging to his wife from Orion back to Manila.
At about 9 a.m., Baluyot went to Balanga, the provincial capital, and waited in the recorder’s office for Governor Lerma.
Upon Lerma's arrival at 11 a.m., they exchanged friendly greetings and Baluyot was invited into Lerma’s office.
Baluyot first had a brief talk with Lerma alone; Lerma then asked Baluyot to step out to allow Antonino Aranjuez to consult with him.
After Aranjuez’s meeting, Baluyot returned to Lerma’s office.

Witnesses in the recorder’s office heard Baluyot call “governor;" some heard him request Lerma’s revolver.
Baluyot stated to Lerma, "It appears to me that your revolver and mine have the same calibre," to which Lerma replied his was .32 caliber.
Baluyot responded his was also .32 caliber and warned, "Be prepared because one of us must die."
Within seconds, Baluyot drew his revolver and fired a first shot that wounded Lerma’s right shoulder blade.
Lerma, unarmed, tried to escape around his desk but was hindered by office furniture.
Baluyot fired a second shot at Lerma’s shoulder as he fled toward a nearby corridor.
Lerma then took refuge in a closet at the corridor’s end, closed the door, and called aloud for help.
Judging Lerma’s position from the sounds, Baluyot fired a third, fatal shot through the closet door panel, striking Lerma’s head.
Lerma lost consciousness and died about two to three hours later.

Immediately after the shooting, Baluyot signaled arriving Constabulary officers and surrendered without resistance.
He threw his revolver with spent and unused shells out the window.

Baluyot was charged and convicted of murder with qualifying circumstances including alevosia (treachery), evident premeditation, and the murder occurring during the exercise of public authority.
Baluyot appealed asserting errors in the trial procedure and disputed the qualifying circumstances and penalty imposed.
The trial was conducted before Judge Carlos A. Imperial with appointed assessors.

Whether Baluyot's crime was murder or homicide.
Whether the qualifying circumstances of alevosia (treachery) and evident premeditation were proven beyond reasonable doubt.
Whether the penalty of death was proper or should be reduced.
Whether the crime was committed upon a person in authority performing official duties, affecting qualification and penalty.

Whether Baluyot was denied due process by refusal to grant a continuance of trial.
Whether Judge Imperial was disqualified due to attending the victim’s funeral, indicating bias.
Whether the denial to allow withdrawal of the plea to file a demurrer was proper.
Whether the refusal to compel production of written statements of witnesses was erroneous.
Whether the judge erred in rendering decision without consulting assessors.