G.R. Nos. 92271-72, April 1, 1996
People of the Philippines vs. Salvador Caritativo, et al.

FACTS

The accused-appellants, Salvador Caritativo and Victor Solas, along with an at-large accomplice, Gregorio Solomon, were charged with two counts of murder for the killings of Fred Pama and his 11-year-old son, Joey. The prosecution established that on April 6, 1984, the victims, while riding a carabao to fetch a family member, were suddenly waylaid by the three assailants. Jeffrey Pama, another son who escaped, testified that he saw Solomon stab his father and witnessed Caritativo and Solas holding and stabbing his brother Joey. A corroborating eyewitness, Fely Gonzales, testified to seeing all three accused simultaneously stabbing the victims. The autopsy revealed Fred died from four stab wounds and a gunshot wound, while Joey sustained three incised wounds and eleven stab wounds.
The defense presented a different narrative, contending that Gregorio Solomon alone perpetrated the killings due to a drunken altercation. They denied any conspiracy, asserting they were merely drinking at a house some distance away when the crimes occurred. The trial court rejected this defense, finding the testimonies of the prosecution witnesses credible and consistent. It convicted Caritativo and Solas of two counts of murder, qualified by treachery and aggravated by abuse of superior strength, sentencing each to two penalties of reclusion perpetua.

ISSUE

The core issues were: (1) whether conspiracy among the accused was proven beyond reasonable doubt, and (2) whether the qualifying circumstance of treachery was correctly appreciated by the trial court.

RULING

The Supreme Court affirmed the convictions but modified the award of civil indemnity. Conspiracy was duly established through the concerted actions of the accused as proven by the clear, positive, and categorical testimonies of two eyewitnesses. Their simultaneous attack on the victims demonstrated a unity of purpose and design. The Court upheld the finding of treachery. The attack was sudden and unexpected, giving the victims no opportunity to defend themselves. Notably, the killing of Joey, an 11-year-old child who by reason of his tender age could not be expected to offer any resistance, was in itself treacherous. However, the Court ruled that the generic aggravating circumstance of abuse of superior strength should not have been separately considered, as it was absorbed in treachery. The penalties of reclusion perpetua for each count of murder were sustained, but civil indemnity was increased to P50,000.00 for each victim.