GR 109614; (March, 1996) (Digest)
G.R. Nos. 109614-15 March 29, 1996
People of the Philippines vs. Adronico Gregorio and Ricardo Gregorio
FACTS
On May 7, 1986, Carlos Catorse and his son attended a wake at appellant Adronico Gregorio’s house. Adronico collected weapons from attendees, including Carlos’s samurai, to prevent trouble. Later, an altercation erupted when Adronico severely beat his son, Tunggak. Carlos intervened to pacify them. Suddenly, appellant Ricardo Gregorio, Adronico’s brother, stealthily stabbed Carlos from behind with the very samurai Carlos had surrendered. Ricardo then hacked and stabbed Carlos multiple times. Adronico joined in, repeatedly hacking the fallen victim with a bolo. The appellants also attacked Jovito Nicavera and Marcelo Lo, who tried to help. Carlos and Marcelo died from their multiple wounds. The appellants fled but were later apprehended.
Separate Informations for Murder were filed against the appellants for the death of Carlos Catorse and against Adronico alone for the death of Marcelo Lo. The cases were consolidated. The trial court found both appellants guilty of Murder for Carlos’s death and Adronico guilty of Murder for Marcelo’s death, sentencing them to reclusion perpetua. The appellants appealed. During the appeal, Ricardo Gregorio died.
ISSUE
The main issues were whether the appellants’ guilt for Murder was proven beyond reasonable doubt and what the effect of Ricardo’s death during appeal was on the case.
RULING
The Supreme Court affirmed Adronico’s conviction but dismissed the case against Ricardo due to his death. The killing of Carlos Catorse was qualified by treachery. The attack was sudden and from behind, with Ricardo using the victim’s own weapon, ensuring the victim had no opportunity to defend himself. For the killing of Marcelo Lo, the Court found Adronico acted with evident premeditation and abuse of superior strength, qualifying the crime as Murder. The appellants’ flight and conspiracy were established by their coordinated, successive attacks. The defense of denial could not prevail over the positive identification by credible witnesses.
Regarding Ricardo’s death pending appeal, the Court applied the doctrine in People vs. Bayotas. The death of the accused pending appeal extinguishes both his criminal liability and the civil liability arising exclusively from the crime. Thus, the criminal case against Ricardo was dismissed. The Court modified the civil indemnity, increasing it to P50,000.00 for each victim to be paid by Adronico. The penalty of reclusion perpetua for Adronico was affirmed.