GR 79168; (August, 1990) (Digest)
G.R. No. 79168 August 3, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO CAGALINGAN y ROMINA and VICTOR ROMINA, JR. y VELANCIO, defendants-appellants.
FACTS
The prosecution’s evidence established that on June 4, 1984, in Aparri, Cagayan, a playful altercation over a basket of crabs occurred between Jovito Cagalingan and Joemar Desor. The situation escalated when Desor held Jovito’s throat. Veron Cagalingan, Jovito’s sister-in-law, shouted that Jovito was being killed. Hearing this, Alfredo Cagalingan (Jovito’s brother) emerged from a house armed with a bolo and stabbed Desor twice. Jovito, having freed himself, then stabbed Desor twice with a kitchen knife. Subsequently, Victor Romina, Jr. joined in and stabbed the already fallen and immobile victim once. Desor died from multiple stab wounds. Alfredo claimed he acted in defense of his brother, while Jovito denied stabbing the victim.
ISSUE
The primary issues were: (1) whether Alfredo Cagalingan acted in legitimate self-defense or defense of a relative; (2) the criminal liability and proper classification of participation for Jovito Cagalingan and Victor Romina, Jr.; and (3) the correctness of the penalties imposed.
RULING
The Supreme Court affirmed the conviction for Murder but modified the penalties and the classification of participation. The Court rejected Alfredo Cagalingan’s claim of defense of a relative. The means he employed—using a bolo to stab the unarmed victim—were not reasonably necessary to repel the aggression, as the victim was not armed with a deadly weapon at that moment. The killing was attended by treachery because the attack was sudden and from behind, rendering the victim unable to defend himself. For Jovito Cagalingan and Victor Romina, Jr., the Court reclassified them as accomplices, not principals. Their acts of stabbing the victim after Alfredo had already inflicted fatal wounds, while showing community of design, were not indispensable to the commission of the crime. A person who assaults an already fatally wounded victim is generally considered an accomplice. Consequently, the penalty for Alfredo was affirmed. For Jovito and Victor, as accomplices, their penalty was reduced to an indeterminate sentence of eight years and one day of prision mayor as minimum, to fourteen years and eight months of reclusion temporal as maximum. The civil indemnity was sustained.