G.R. No. 119942 . July 8, 1999.
FELIPE E. PEPITO, SINONOR E. PEPITO, and SONNY E. PEPITO, petitioners, vs. THE HONORABLE COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioners Felipe, Sinonor, and Sonny Pepito, along with Estrella Pepito, were charged with Murder for the killing of Noe Sapa on July 15, 1989, in Barangay Burabod, Laoang, Northern Samar. The information alleged conspiracy, treachery, evident premeditation, abuse of superior strength, and the aggravating circumstance of dwelling. The prosecution evidence, credited by the trial court, established that around 8:30 a.m., the victim’s wife, Cynthia Sapa, saw all four accused armed with weapons (“depang,” “indian pana,” and “sagangat”) outside their house. Frightened, she ran out. The victim’s mother, Urdanita Sapa, pleaded with the accused to leave her son alone. Felipe, Sinonor, and Sonny entered the house while Estrella stood by the door, urging them to kill the victim. A commotion was heard, and the three accused emerged with bloodied weapons. Sinonor announced the victim was dead. The victim was found dead in the kitchen with 19 stab, incised, and hack wounds. The defense presented a different version, claiming that earlier that morning, the drunk and armed victim had challenged the Pepito family. Sinonor alone pursued and fought the victim in self-defense on the highway, stabbing him multiple times, after which the victim staggered into his own house and died. The trial court convicted the three male petitioners of Homicide, appreciating the aggravating circumstance of abuse of superior strength, and sentenced them to an indeterminate penalty. It acquitted Estrella Pepito for lack of participation. The Court of Appeals affirmed the conviction. The petitioners appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of petitioners Felipe, Sinonor, and Sonny Pepito for the crime of Homicide.

RULING

The Supreme Court modified the decision of the Court of Appeals. It acquitted Felipe Pepito and Sonny Pepito on reasonable doubt, as the evidence failed to prove their direct participation in the killing beyond moral certainty. The prosecution witnesses did not actually see them inflict wounds on the victim. However, the Court affirmed the conviction of Sinonor Pepito, but for the crime of Homicide only, and not Murder, as the qualifying circumstances of treachery and evident premeditation were not proven. The claim of self-defense by Sinonor was rejected because the number, location, and severity of the victim’s 19 wounds were inconsistent with a mere act of defense and indicated a determined effort to kill. The aggravating circumstance of abuse of superior strength was not appreciated because the fight was a one-on-one combat between Sinonor and the victim. The mitigating circumstance of voluntary surrender was not proven. Applying the Indeterminate Sentence Law, Sinonor Pepito was sentenced to an indeterminate penalty of eight (8) years of prision mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal, as maximum. He was ordered to pay the heirs of Noe Sapa P50,000.00 as death indemnity and P50,000.00 as moral damages.