GR L 40884; (November, 1983) (Digest)
G.R. No. L-40884 November 28, 1983
People of the Philippines, plaintiff-appellee, vs. Romeo Chavez, accused-appellant.
FACTS
The prosecution evidence established that on the evening of April 19, 1971, Romeo Chavez, Roberto de Leon, and three others suddenly assaulted Dominador Andon and Wenceslao Sante as they walked along a street in Pasay City. De Leon stabbed Sante in the back, causing Sante to jump into a nearby canal. Andon was surrounded by the group; De Leon stabbed him in the back, and Chavez stabbed him in the chest with a kitchen knife. Andon died from his wounds, while Sante survived. The accused-appellant, Chavez, interposed an alibi, claiming he was washing his employer’s car in a different location at the time. The trial court convicted Chavez of murder for Andon’s death and attempted murder for the wounding of Sante, sentencing him to reclusion perpetua and an indeterminate penalty, respectively. De Leon withdrew his appeal.
ISSUE
The primary issues were: (1) whether Chavez’s guilt for the crimes was proven beyond reasonable doubt; (2) whether conspiracy and treachery attended the killing of Andon; and (3) whether Chavez was liable for the wounding of Sante.
RULING
The Supreme Court acquitted Chavez of attempted murder concerning Sante but affirmed his conviction for the murder of Andon. On the charge involving Sante, the Court held that Chavez performed no overt act against him; the evidence only implicated De Leon in that specific wounding. Therefore, Chavez’s liability for that charge was not established.
Regarding Andon’s killing, the Court found conspiracy and treachery sufficiently proven. Conspiracy was inferred from the collective and concerted actions of Chavez and De Leon, who ambushed the victim together, armed with bladed weapons, demonstrating a community of design to kill. The sudden and unexpected assault on an unarmed victim constituted treachery, qualifying the crime as murder. The Court rejected the defense argument that the medical finding of wounds caused by the same type of weapon implied a single assailant, clarifying it meant the assailants used similar instruments, not that only one person was involved. The trial court’s imposition of reclusion perpetua for murder was affirmed. Chavez was given full credit for preventive imprisonment unless shown to have violated prison rules.