GR 118573; (May, 2000) (Digest)
G.R. No. 118573 -74 May 31, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RICARDO FRANCISCO y CUPCUPIN, REYNALDO FRANCISCO y CUPCUPIN, TEODORO FRANCISCO y CUPCUPIN, ANTONIO SIOCO, accused-appellants.
FACTS
On October 27, 1992, Ariel De Dios and Serafin Mangali, Jr. were with a friend at a store in Navotas. Efren Francisco, brother of the appellants, spat at Ariel twice, prompting Ariel to hit Efren, who then fled. Later, while Ariel and Serafin were driving away, their jeep was blocked by another jeep carrying appellants Ricardo, Reynaldo, and Teodoro Francisco, and Antonio Sioco. Antonio was seen pointing at their vehicle. The group alighted, with Ricardo pulling Serafin from the driver’s seat. Teodoro then stabbed Serafin, who died. Reynaldo stabbed Ariel in the stomach, but Ariel survived after medical treatment. The accused were charged with Murder for Serafin’s death and Frustrated Murder for Ariel’s wounding.
The defense claimed alibi, stating they were elsewhere during the incident. The Regional Trial Court convicted all accused. On appeal, they argued the prosecution failed to prove their guilt beyond reasonable doubt and that the qualifying circumstances were not established.
ISSUE
Whether the accused-appellants are guilty beyond reasonable doubt of the crimes of Murder and Frustrated Murder.
RULING
Yes, the Supreme Court affirmed the convictions. The positive identification by the surviving victim, Ariel De Dios, who had no ill motive to testify falsely, was clear and credible, outweighing the weak defenses of denial and alibi. The Court found conspiracy among the appellants. Their concerted actions—blocking the victims’ vehicle, surrounding them, and successively attacking Serafin and Ariel—demonstrated a common purpose to kill. Conspiracy renders each conspirator equally liable for acts done in furtherance of the common design.
Regarding the crimes, the killing of Serafin was qualified to Murder by abuse of superior strength. The appellants, acting in a group, employed force obviously advantageous to ensure the victim’s helplessness. For the attack on Ariel, the crime is Frustrated Murder. All acts of execution were performed, and the victim’s survival was due to timely medical intervention, a cause independent of the appellants’ will. The Court modified the penalties, imposing reclusion perpetua for Murder and an indeterminate sentence for Frustrated Murder, and awarded civil indemnities, moral damages, and actual damages to the victims’ heirs.