G.R. No. 99058 October 25, 1995
People of the Philippines, plaintiff-appellee, vs. Felixberto Francisco, Pascual Ore, Alejandro Ore, Sonny Boy Francisco, Neonel Honrubia, and Federico Ore, accused-appellants.

FACTS

The accused-appellants were charged with the murder of Andronico Angeles on November 1, 1985, in Palawan. The prosecution evidence established that the victim, while buying cigarettes at a store, encountered Felixberto Francisco and Pascual Ore. A heated exchange ensued, after which Pascual Ore suddenly stabbed Angeles. Sonny Boy Francisco then shouted to finish him, prompting Alejandro Ore, Federico Ore, and Neonel Honrubia to join in the attack, hacking the victim with bolos until he fell. Eyewitnesses Marcelo Gepanaga and David Rumbawa positively identified all six appellants. The victim died from his multiple wounds, including a severe hack wound to the head.
The appellants denied involvement, presenting alibis and a claim of self-defense. Felixberto and Sonny Boy Francisco alleged they were the ones stabbed by the victim and had fled to seek medical treatment. Pascual Ore claimed he was at home and only assisted the wounded Franciscos. Alejandro Ore and Neonel Honrubia asserted they were in a different municipality during the incident. The trial court convicted all six of murder qualified by treachery, finding conspiracy and the aggravating circumstance of abuse of superior strength, and sentenced them to reclusion perpetua.

ISSUE

The primary issue is whether the guilt of all accused-appellants for the crime of murder was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction with modifications. The positive identification by two credible eyewitnesses, who had a clear view of the incident under adequate lighting from a petromax lamp, prevailed over the appellants’ denials and weak alibis. The collective and successive actions of the six appellants—surrounding the victim, taking turns in hacking him, and acting in concert upon Sonny Boy Francisco’s shout to finish him—conclusively established conspiracy, making each liable as a principal for the acts of all.
The killing was qualified by treachery, as the initial sudden stabbing by Pascual Ore from behind ensured the victim had no opportunity to defend himself, and the group’s concerted attack rendered any defense impossible. The Court, however, modified the penalties. For Federico Ore, who was a minor (17 years old) at the time of the crime, the privileged mitigating circumstance of minority was applied. He was sentenced to an indeterminate penalty of eight years of prision mayor as minimum to fourteen years and eight months of reclusion temporal as maximum. The civil indemnity was increased from P30,000 to P50,000. The appeals of the other appellants were denied, and their sentences of reclusion perpetua were affirmed.