G.R. No. L-52787 February 28, 1985
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESUS HECTO, PEDRO HECTO and LORETO HECTO, accused, PEDRO HECTO and LORETO HECTO, defendants-appellants.

FACTS

The case originated from a dispute over an unpaid slaughter fee. Barangay Captain Catalino Pedrosa confronted brothers Jesus and Pedro Hecto in February 1972 about their failure to pay the fee and about their false report to the municipal treasurer that they had already paid him. A heated argument ensued but was averted. On the evening of March 24, 1972, while Pedrosa was returning home, he was fatally attacked. Eyewitness Caridad Pedrosa, the victim’s wife, testified that from her house she saw Jesus Hecto and appellant Pedro Hecto shoot her husband as he lay on the ground. She was prevented from leaving her house by appellant Loreto Hecto and Faustino Silvano, who pointed guns at her. She further witnessed Marcial Hecto and Roberto Silvano stab the victim before the group carried him to a ditch.
The defense of appellants Pedro and Loreto Hecto was alibi and denial. Pedro claimed he was at home threshing palay during the incident, while Loreto asserted he was drinking tuba at his house two kilometers away and only later went to the scene upon hearing of a fight. The trial court convicted both appellants of the complex crime of murder with direct assault upon a person in authority and imposed the death penalty.

ISSUE

The primary issues were: (1) whether the guilt of appellants was proven beyond reasonable doubt, and (2) whether the crime committed was correctly qualified as murder with assault upon a person in authority.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the positive identification by eyewitness Caridad Pedrosa and Mario Cadayong to be credible and sufficient to establish guilt beyond reasonable doubt. Their testimonies detailed the concerted actions of the assailants. The Court ruled that conspiracy was evident from the appellants’ coordinated conduct: Pedro participated in the shooting, while Loreto guarded the house to prevent assistance. This concert of action made each conspirator liable for the acts of all. The defense of alibi was correctly rejected, as it cannot prevail over positive identification.
Regarding the complex crime, the Court upheld the finding of murder with assault upon a person in authority. The attack was directly occasioned by Pedrosa’s performance of his official duty as barangay captain in enforcing the ordinance on slaughter fees. The killing was thus perpetrated in relation to his office. However, for lack of the necessary votes, the death penalty was reduced to reclusion perpetua, and the indemnity was increased to P30,000.00.