G.R. No. L-39049, June 24, 1983
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESUS ALVIS, ET AL., defendants-appellants.

FACTS

The fourteen accused, all convicted prisoners serving sentences at the New Bilibid Prison, were charged with the murder of Prison Guard Andres Esporlas. The information alleged that on October 18, 1971, acting with a common purpose and armed with clubs, they simultaneously assaulted Esporlas inside the penitentiary, inflicting fatal injuries. The prosecution established that members of the “Bahala Na Gang” held a meeting days prior, led by accused Jesus Alvis and Jose Balais, where they plotted a mass escape and designated Esporlas as their “fall guy.” During the attack, the assailants, using superior numbers and weapons, cornered and beat Esporlas to death. The crime was aggravated by disregard of rank, nighttime, superior strength, and the quasi-recidivism of the accused, all of whom were previously convicted by final judgment.
The trial court, the Circuit Criminal Court, found all fourteen accused guilty of Murder qualified by treachery and aggravated by evident premeditation and quasi-recidivism. It imposed the death penalty and ordered indemnity and damages. All accused appealed, contesting the verdict and penalty through separate briefs, arguing mainly against the existence of conspiracy and the proper appreciation of aggravating circumstances.

ISSUE

The principal issue for review is whether the trial court correctly convicted all accused of Murder and properly imposed the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the finding of conspiracy. The detailed planning at the meeting, followed by the collective execution of the attack where multiple assailants surrounded and beat the victim, demonstrated a unity of purpose and design. Even those not present at the planning meeting were liable as co-principals for performing overt acts in furtherance of the common criminal objective. The killing constituted Murder, qualified by treachery (alevosia). The mode of attack, executed by a group which suddenly assaulted the victim, ensured his defenselessness without risk to themselves. The aggravating circumstance of abuse of superior strength was absorbed by treachery.
The Court affirmed the presence of the special aggravating circumstance of quasi-recidivism under Article 160 of the Revised Penal Code, as the crime was committed by persons serving sentence for a previous final conviction. Evident premeditation was also established from the prior planning. The trial court correctly applied these aggravating circumstances. However, for lack of the necessary votes to impose the death penalty, the Supreme Court, exercising its prerogative, commuted the sentence to reclusion perpetua. The awards of indemnity and damages to the victim’s heirs were sustained. The judgment was thus affirmed with modification only as to the penalty.