Facts of the Case:

On July 24, 1932, Yu Lon and Yu Yee, father and son, stopped total on the sidewalk. While they were
talking, a man passed back and forth behind Yu Lon once or twice, and when Yu Yee was about to leave
his father, the man that had been passing back and forth (Francisco Cagoco) approached Yu Lon from
behind and suddenly and without warning struck Yu Lon with his fist on the back part of the head.
Cagoco immediately ran away. Yu Yee and two other witnesses pursued him and then lost sight of him.
The blow caused Yu Lon to fall on the ground. As a consequence of which he suffered a lacerated wound
on the scalp and a fissured fracture on the left occipital region which were necessarily mortal and caused
his immediate death. The next day, Yu Yee promptly reported the incident to the police. Cagoco was later
apprehended and identified by Yu Yee as his father‘s assailant.

Issue: Whether or not the accused is guilty of murder

Held: Yes. accused is guilty of murder.

In our existing jursiprudence, Treachery is one of the attendant circumstances that counstitute a crime of
murder. Any person who shall take advantage of superior strength, with an aid of armed men, or
employing means to weaken the defense, or of means of persons to insure or afford impunity.

In the case at bar, there is nothing to indicate that Yu Lon‘s death was due to some extraneous case. It
was clearly the direct consequence of the accused‘s felonious ac t and the fact that he did not intend to
cause so great an injury does not relieve him from the consequence of his unlawful act, but is merely a
mitigating circumstance. Since the accused committed the felony with treachery, he is guilty of murder