Title
People vs. Baluyot
Case
G.R. No. 14476
Decision Date
Nov 6, 1919
Political rival Jose I. Baluyot murdered Governor Conrado Lerma in 1918, ensuring Lerma was unarmed before shooting him. The Supreme Court ruled it as murder with treachery, aggravated by Lerma's authority, sentencing Baluyot to death.

Case Summary (G.R. No. 14476)

Case Background and Factual Summary

Conrado Lerma was elected governor of Bataan in the 1916 general elections. Jose I. Baluyot, a political rival who placed third, harbored animosity against Lerma, believing the governor persecuted him, including causing his prosecution for estafa and removal from the National Guard. On August 3, 1918, Baluyot went to Balanga, Bataan, armed with a revolver, intending to meet Governor Lerma under the guise of a friendly interview. Upon Lerma’s arrival, Baluyot first met the governor, stepped aside briefly for another caller, and then reentered the governor’s office where, after some words allegedly about their revolvers, Baluyot shot Lerma three times. The first two shots wounded the governor in the shoulder, and the third, fired through a closet door where Lerma had taken refuge, was fatal. Baluyot then surrendered without resistance.

Legal Qualifications of the Crime and Trial Court Findings

The trial court classified the offense as murder qualified by the aggravating circumstance of alevosia (treachery) and other aggravating circumstances including the crime’s commission in a place where public authority was engaged in official duties. Known premeditation was also suggested but the court refrained from a conclusive finding on this qualification. The death penalty was imposed, alongside indemnification and costs.

Elements and Application of Alevosia (Treachery)

According to the majority, the qualifying circumstance of treachery was sufficiently shown because:

  • Baluyot gained access to the governor’s office under pretenses of a friendly conference, despite their hostile political past.
  • The governor was seated and unarmed, apparently caught off guard by Baluyot’s sudden attack after a brief, seemingly amicable greeting.
  • The first two shots were fired when Lerma was defenseless and trying to flee, and the third was fired while Lerma hid behind a door, unable to defend himself, thus making the attack continuous and unbroken.
  • The method of shooting through the door to strike the defenseless governor suggested deliberate selection of means to avoid risk and ensure successful commission without defense.

Premeditation and Other Aggravating Circumstances

While the court found indications of premeditation based on Baluyot’s prior hostile statements and conduct, it granted the accused the benefit of any doubt regarding this element and did not conclusively rule on it. The crime was additionally qualified by its commission against a person in the exercise of public authority.

Defendant’s Contentions on Extenuating Circumstances

Baluyot claimed two extenuating circumstances:

  • That the act was committed under a powerful impulse producing passion and obfuscation.
  • That he had no intention to commit so great a wrong.

The court rejected these arguments, concluding the alleged provocations were insufficient to produce such passion, and that Baluyot’s conduct after the crime, showing no remorse, indicated a fixed resolve to commit the killing. The defendant’s account of an accidental third shot was discredited by his own admissions and credible circumstantial evidence.

Summary of Procedural and Trial Errors Claimed

Baluyot also argued procedural irregularities and errors during trial:

  1. Denial of requested continuance — the court found the defendant was never deprived of counsel nor genuinely unable to prepare; no prejudice was shown.
  2. Alleged bias of trial judge due to attendance at the victim’s funeral — no actual prejudice or statutory disqualification was demonstrated.
  3. Denial to withdraw plea for demurrer — the motion was dilatory and unsupported.
  4. Refusal to compel production of written witness statements — such statements, being part of a fiscal investigation and not a sworn preliminary examination, were not subject to compulsory production without groundwork for impeachment.
  5. Failure to consult assessors before decision — advisory opinions by assessors are not binding; absence of record to the contrary presumes proper consultation.

All these contentions were overruled by the court as lacking merit or prejudice.

Dissenting Opinion on the Qualification of the Crime and Application of Alevosia

Justice Araullo dissented on the classification of the crime as murder qualified by treachery, arguing instead that the crime was homicide, given:

  • Contradictions and inconsistencies in the testimonies describing the moments before and during the shooting, particularly concerning whether Baluyot forewarned or surprised the governor.
  • Evidence indicated that Baluyot warned Governor Lerma of his intent to kill and engaged in reciprocal conversation, negating the element of surprise or betrayal essential to alevosia.
  • The governor was not truly defenseless, having had access to a brass knuckles weapon near his desk and a dagger within reach, and the accused did not take full advantage of a defenseless victim in firing the first shots.
  • The third shot, though fired when the victim was behind a door, was part of a continuous assault rather than a separate treacherous act designed to assure death without risk to the assailant.
  • Established jurisprudence requires that alevosia be pr


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