GR L 3727; (September, 1907) (Digest)
G.R. No. L‑3727
EN BANC September 30, 1907
FACTS
– On the night of 25 April 1906 a gang of armed men, led by Severo de la Cruz (at large), attacked the dwelling of Juan Galiano and Benedicta Macajillas on a hilltop in Romblon.
– The assailants shouted “Justicia,” forced entry, and with large knives killed the couple, their two children (ages 10 and 8) and a 6‑year‑old niece.
– They also stole clothing, cash (₱18 in various coins), two knives and two cavanes of rice.
– The accused were Florendo Gadila, Simon Vicente (who pleaded guilty), Patricio Vicente, Agustín Familiara, and Fausto Lazaro.
– Lazaro testified that he withdrew after learning of the plan; witnesses corroborated his limited participation.
– The trial court treated the acts as murder (Art. 403, para 1, Penal Code) with the aggravating circumstance of alevosía (treachery) and sentenced all defendants accordingly. Patricio Vicente and Agustín Familiara appealed.
ISSUE
Whether the killing of the five victims, committed in the course of a robbery, should be classified as the complex crime of robbery with several homicides (Art. 503, para 1) rather than murder, and whether the statutory mitigating circumstance for a native (Art. 11) can lessen the penalty in view of the prevailing aggravating circumstances (premeditation, commission in the dwelling, and participation in a gang).
RULING
– The Court held that, although the acts would ordinarily constitute robbery with multiple homicides, the complaint expressly charged murder, and the circumstances (sudden, unresisted assault of defenseless victims) satisfy the elements of murder with alevosía.
– The aggravating circumstances of premeditation, commission in the dwelling of the victims, and participation in a gang outweigh the mitigating circumstance of native status; thus the latter is neutralized and may not reduce the maximum penalty.
– Consequently, Patricio Vicente and Agustín Familiara were convicted of murder and sentenced to death by hanging at Bilibid Prison, ordered to return the stolen money recovered, and required to pay equal portions of the costs of the suit.
Concurrence: Torres, Johnson, Willard, and Tracey, JJ.