GR 203435; (April, 2018) (Digest)
G.R. No. 203435 APRIL 11, 2018
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. MARDY AQUINO, MARIO AQUINO, RECTO AQUINO, INYONG NARVANTE, ROMY FERNANDEZ, FELIX SAPLAN, BONIFACIO CAGUIOA AND JUANITO AQUINO, Accused; MARDY AQUINO AND MARIO AQUINO, Accused-Appellants
FACTS
The prosecution’s evidence established that on May 15, 2001, in Binmaley, Pangasinan, an altercation began after Inyong Narvante was refused fish by Ernesto Caguioa. Later, a group including appellants Mardy and Mario Aquino, Juanito Aquino, and others at large, stoned the group of Ernesto’s sons. When Ernesto and his son Jackie approached the appellants’ group to confront them, the accused attacked. Jackie was restrained and stabbed by Mardy and Recto Aquino, resulting in his death. Ernesto was also restrained by Mario and others, and stabbed by Mardy and Recto, sustaining serious injuries but surviving after medical treatment. The defense presented a different version, claiming that Ernesto and Jackie were the initial aggressors, attacking the accused with a pipe and a knife, and that Mardy stabbed Ernesto only to defend his father, Mario.
ISSUE
The core issue is whether the guilt of appellants Mardy and Mario Aquino for Murder and Frustrated Murder was proven beyond reasonable doubt, and whether the qualifying circumstances of conspiracy and abuse of superior strength were correctly appreciated.
RULING
The Supreme Court affirmed the appellants’ convictions. The Court found the testimonies of the prosecution witnesses, particularly the victim Ernesto, credible and consistent. Their positive identification of the appellants as direct participants in the concerted attack was given greater weight over the defenses of denial and alibi. The Court upheld the finding of conspiracy, as the appellants’ collective and coordinated actions—restraining the victims while others inflicted the fatal wounds—demonstrated a community of criminal purpose. Abuse of superior strength was correctly qualified in the killing of Jackie. The appellants, armed and acting in a group, deliberately used their combined strength to overpower the unarmed victims, ensuring the execution of the crime without risk to themselves. For the Frustrated Murder of Ernesto, the Court modified the penalty, applying the Indeterminate Sentence Law. The awards of damages were also adjusted in line with prevailing jurisprudence. The appeal was denied.