GR L 13173; (November, 1960) (Digest)
G.R. No. L-13173; November 29, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO SORIO alias “FRED”, CESAR SORIO and VICTORIANO SORIO alias “PIANONG”, defendant-appellants.
FACTS
The appellants, Victoriano Sorio and his sons Alfredo and Cesar, were charged with murder for the killing of Amado Sanchez and attempted murder against Hilario Cruz. The trial court convicted all three of murder and light threats, sentencing them to life imprisonment for murder and a minor penalty for threats. Only Victoriano Sorio appealed his murder conviction. The prosecution’s evidence established that on December 3, 1956, the three accused, all armed, went to the garage compound in Lingayen, Pangasinan, where Hilario Cruz worked. Alfredo Sorio attempted to lure Cruz outside and, upon refusal, drew a dagger, with Victoriano urging him on. After being escorted out by a security guard, they saw Amado Sanchez on a bus. They stopped the bus, surrounded it with unsheathed weapons, and ordered Sanchez to alight. When Sanchez fled, Alfredo and Cesar pursued and stabbed him multiple times, while Victoriano encouraged them by shouting “sigue, sigue” (go ahead). Sanchez died from his wounds. Victoriano later fled and was arrested. The defense presented a different version, claiming Alfredo acted alone in a sudden fight and that Victoriano and Cesar arrived only after the incident, with Victoriano advising Alfredo to surrender.
ISSUE
Whether appellant Victoriano Sorio is guilty of murder, considering his claim that he did not lay hands on the victim and that conspiracy was not sufficiently established.
RULING
Yes, the Supreme Court affirmed Victoriano Sorio’s conviction for murder. The Court found the prosecution’s version credible and supported by multiple witnesses. The facts demonstrated conspiracy: Victoriano had a motive due to a prior theft report by Hilario Cruz; he accompanied his armed sons to confront Cruz; he urged Alfredo to attack Cruz; he positioned himself with his sons to intercept the bus; he encouraged his sons to pursue and attack Sanchez; and he fled after the crime. This unity of purpose and action established conspiracy, making Victoriano equally liable for the acts of his co-conspirators. The killing was qualified by treachery, constituting murder. The Court saw no reason to disturb the penalty imposed by the trial court. The decision was affirmed with costs against appellant Victoriano Sorio.