G.R. No. 102058 August 26, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SERGIO PATOTOY and BONIFACIO PATOTOY, accused-appellant.

FACTS

The accused-appellant, Bonifacio Patotoy, was charged with Murder alongside his father, Sergio Patotoy, for the killing of Manuel Verano. The incident occurred during a wedding celebration in Barangay Sawang, Uson, Masbate. A fistfight initially erupted between Sergio Patotoy and the victim after the victim danced with Sergio’s wife. After being pacified, the victim went home. Sergio then retrieved a bolo, while Bonifacio, upon learning of the fight, went to the plaza. Sergio encouraged his son to kill Verano. Bonifacio proceeded to the victim’s house, confronted him, and stabbed him in the chest. Sergio followed and also stabbed the dying victim in the back. Bonifacio later surrendered to a barangay captain.

ISSUE

Whether the trial court correctly convicted Bonifacio Patotoy of the crime of Murder.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The killing was properly classified as Murder, qualified by abuse of superior strength under Article 248(1) of the Revised Penal Code. The concerted attack by Bonifacio and his father, Sergio, who was armed with a bolo, against the unarmed victim constituted this qualifying circumstance. However, the Court found that treachery was not present, as the prior fistfight served as a warning to the victim, and evident premeditation was not proven by conclusive evidence. The mitigating circumstance of voluntary surrender was correctly appreciated in favor of the appellant. Applying the Indeterminate Sentence Law, the penalty was modified to an indeterminate sentence of twelve (12) years of prision mayor, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as maximum. The award of civil indemnity in the amount of Fifty Thousand Pesos (P50,000.00) to the heirs of the victim was sustained.