G.R. No. 140871 , August 8, 2002
People of the Philippines, plaintiff-appellee, vs. Resty Silva, Rodolfo Sandangao, alias “Dupong” and Jun-Jun Flores, accused-appellants.

FACTS

On September 3, 1996, around 8:30 p.m., Edmundo Ceriales was at his brother Manuel’s house in Sitio Diaboyo, Barangay Ditumabo, San Luis, Aurora, where several men were playing cards. Three armed men, later identified as accused-appellants Resty Silva, Rodolfo Sandangao (alias Dupong), and Jun-jun Flores (at large), arrived. One pointed an armalite, ordered everyone to lie face down, and then ordered brothers Edmundo and Manuel to go outside. Outside, upon Silva’s orders, Sandangao and Flores tied the brothers’ hands and feet. The group then walked towards the highway. During the walk, Edmundo recognized Sandangao as a childhood neighbor. They were threatened not to ask for help from houses along the way. At a coconut plantation, Silva gagged Edmundo with a piece of T-shirt. Upon reaching Lucing Guerrero’s plantation, Silva shone a flashlight on himself and asked if the brothers recognized them. When they answered yes, Silva stated, “Papano yan Dupong, kilala pala tayo, obligado na nating patayin.” Edmundo was then separated from Manuel and brought about twenty meters away by Silva and Sandangao, while Flores guarded Manuel. After Sandangao tied Edmundo’s feet, both appellants left him. Edmundo pleaded for his life but was refused. He managed to free himself, jumped into a hole, and while there, heard Manuel scream followed by a sound like a tree being cut. He then escaped and sought refuge at his godfather Andres Macatiag’s house. The next day, Manuel’s headless body, with hands and feet still tied, was found. The head was found days later. Edmundo identified the appellants to the police. Sandangao was later arrested, and upon seeing him, Edmundo asked, “bakit ganon ang ginawa mo?” The prosecution presented testimonies from Edmundo Ceriales, Andres Macatiag, Agapito Regalado, and police officers. Accused-appellants pleaded not guilty and presented alibi defenses, which the trial court rejected.

ISSUE

The primary issue is whether the accused-appellants are guilty beyond reasonable doubt of the crimes of Murder for the killing of Manuel Ceriales and Attempted Murder for the acts against Edmundo Ceriales.

RULING

The Supreme Court affirmed the trial court’s decision with modification. Accused-appellants Resty Silva and Rodolfo Sandangao are guilty beyond reasonable doubt of Murder qualified by treachery and evident premeditation for the death of Manuel Ceriales. The Court found that the killing was attended by treachery because the victim was bound and helpless, and by evident premeditation as shown by the appellants’ actions after learning they were recognized. The Court imposed the penalty of reclusion perpetua, not death, as the proper penalty since the requisite number of votes for imposition of the death penalty was not obtained. They are also guilty of Attempted Murder for the acts against Edmundo Ceriales. The overt acts of abduction, tying, and the expressed intent to kill after being recognized constituted a direct commencement of the felony, which was not completed only because Edmundo managed to escape. The Court affirmed the indeterminate penalty of six years of prision correccional as minimum to twelve years of prision mayor as maximum for the attempted murder.