G.R. No. 101451 March 23, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEX REGALARIO y VILLAGRACIA, CARLOS PABILLAR y VILLON, JOSE QUINIQUITO y MAGNATA, ROLANDO DE CHAVEZ y MONTALBO, AUGURIO VILLAGRACIA, JR. y ISABELO and ALBERTO DESEMBRANA, accused-appellants.

FACTS

On September 18, 1986, at about 9:00 PM, Menardo Garcia, along with Glenda Osabal and Romano Padillo, were walking home from Quezon National High School in Lucena City. Outside the school gate, the six accused joined them. Accused Carlos Pabillar asked Garcia where a “balisong” (knife) was. When Garcia answered it was no longer in his possession, Pabillar boxed him and told his companions, “tirahin na iyan.” Garcia ran towards Don Feliciano Street, chased by all six accused. About 50 meters away, they overtook him, ganged up on him, and boxed him. Accused Rolando de Chavez stated, “Tarantado si Menardo, niloloko ako.” Accused Alex Regalario then stabbed Garcia once in the left side of his back with a fan knife. The accused continued boxing Garcia until he fell down, then they left together. Romano Padillo witnessed the attack from about 10 meters away under a mercury lamp. Glenda Osabal also saw the accused chasing Garcia and later recognized them as they hurriedly left the scene. Garcia was brought to the hospital where, before dying, he identified his assailant as “YULAC,” referring to Carlos Pabillar. An autopsy revealed the stab wound penetrated Garcia’s left lung and heart, causing death. The accused were subsequently arrested. During arraignment, all except Alberto Desembrana pleaded not guilty; later, Regalario and Pabillar changed their plea to guilty. Desembrana was arrested later and pleaded not guilty. The trial court found all accused guilty of murder qualified by abuse of superior strength and sentenced them to reclusion perpetua, indemnity, and damages.

ISSUE

Whether the trial court erred in convicting the accused-appellants of murder.

RULING

The Supreme Court affirmed the conviction but modified the penalty and damages. The Court found that the killing was attended by the qualifying circumstance of abuse of superior strength. The concerted actions of the six accused, who outnumbered and overpowered the lone, unarmed victim, clearly constituted abuse of superior strength. The defense of alibi and denial were rejected for being weak and uncorroborated. The plea of guilty by Regalario and Pabillar, entered after the prosecution had presented its evidence, did not entitle them to a mitigating circumstance as it was not voluntary. The Court held that the proper penalty for murder at the time of the crime was reclusion temporal in its maximum period to death. With no mitigating or aggravating circumstances, the penalty imposed was reclusion perpetua. The civil indemnity was increased to P50,000.00. The judgment of the trial court was affirmed with this modification.