G.R. No. L-2275; March 30, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIMPLICIO MACASO ET AL., defendants.

FACTS

The six accused-appellants, led by Simplicio Macaso, and about thirty others, fired volleys of shots into a house in barrio Wilson, Dulag, Leyte, during a fiesta on July 8, 1946, killing eleven persons and wounding several others. The prosecution evidence, primarily from eyewitnesses including Remigio de Veyra and Tomas Lazar, established that the appellants, claiming to be pacification agents authorized to confiscate unlicensed firearms, surrounded the house and initiated the unprovoked attack. The defense claimed they merely returned fire from De Veyra and his men inside the house, alleging that three of their own were killed. The trial court found the appellants guilty of multiple murder.

ISSUE

Whether the trial court correctly convicted the appellants of multiple murder based on sufficient evidence and proper appreciation of the circumstances, including the existence of conspiracy.

RULING

Yes. The Supreme Court affirmed the conviction but modified the penalty and indemnity. The evidence overwhelmingly established the appellants’ guilt, showing a concerted attack without provocation. The defense’s claim of returning fire was belied by the location of the victims’ bodies inside the house and the lack of credible evidence of casualties on the appellants’ side. The Court found conspiracy evident from the coordinated surrounding and firing into the house. While some justices favored the death penalty, the required number for its imposition was not met. Thus, each appellant is guilty of eleven counts of murder, sentenced to reclusion perpetua (life imprisonment) for each count (though total imprisonment cannot exceed 40 years), and ordered to pay jointly and severally an indemnity of P6,000 to the heirs of each victim. The appealed judgment was modified accordingly.

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