G.R. No. 163745 - Go vs. Court of Appeals

Simeon Alberto was attacked and severely wounded on the day in question (noted as May 20, 11)02 in the record).
Before assistance arrived, Alberto informed his helpers that the defendants had assaulted him, although he did not mention any motive.
Alberto succumbed to his injuries and died the following day.

The only evidence presented by the Government was Alberto’s testimony regarding the assault.
Defendant Vargas provided his account of the events:

Upon returning home, Vargas discovered Alberto lying in the presence of his wife.
Vargas explained that, after drawing his bolo, Alberto escaped through the window.
Vargas pursued Alberto, eventually overtaking and killing him.

Additional evidence suggested that the relationship between Alberto and Vargas’s wife had been the subject of common talk in the barrio.

Defendant Manalastas was acquitted by the trial court.
The lower court appeared to favor the testimony of defendant Vargas.
Despite the testimony and the surrounding circumstances, the trial judge found that article 423 of the Penal Code did not apply.
Consequently, Vargas was sentenced to eight years of prision mayor by the lower court.

The Supreme Court concurred with the factual determinations made by the trial court.
However, the Court disagreed with the trial court’s interpretation and application of article 423 of the Penal Code.
Article 423 imposes the penalty of destierro when a husband kills the offender "in the act."
The Supreme Court held that the sequence of discovery, the escape, the pursuit, and the killing constituted one continuous act that falls squarely within the ambit of article 423.

Whether the acts of discovery, escape, pursuit, and killing, though sequential, should be considered parts of one continuous act under article 423 of the Penal Code.
Whether the application of article 423, which fixes the penalty of destierro in cases where a husband kills an offender “in the act,” is appropriate given the facts and circumstances of the case.
Whether the evidentiary support—primarily the accounts of the involved parties and the established local reputations—substantially corroborates the continuous nature of the act committed by defendant Vargas.