G.R. No. L-29752 October 28, 1977
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SILVERIO LOPEZ, CRISPULO ZAMORA, JUAN DAVIS, FORTUNATO DAVIS, and BONIFACIO DAVIS, defendants-appellants.

FACTS

On November 3, 1965, a novena was held at Roman Villajuan’s house in Barrio Mabasa, Argao, Cebu. After the prayers, a cockfight was organized among the attendees, including the victim, Rufino Datuin. While Datuin was cutting the leg of a vanquished gamecock, accused Fortunato Davis suddenly boxed him from behind, causing him to fall. When Datuin stood up and fled, all five accused—armed with various weapons—chased him, pelting him with stones. They overtook him about 150 meters away, where Bonifacio Davis hacked him on the right shoulder. As Datuin fell, all five accused took turns assaulting him until he died, inflicting eleven wounds, including fatal fractures to the skull.
The accused were charged with Murder before the Court of First Instance of Cebu. All pleaded not guilty except Fortunato Davis, who entered a conditional plea of guilty to homicide. After trial, the court convicted all accused of Murder, sentencing Silverio Lopez, Crispulo Zamora, Juan Davis, and Bonifacio Davis to reclusion perpetua. Fortunato Davis, with the mitigating circumstance of voluntary surrender, received an indeterminate penalty. The accused appealed, arguing the crime was only homicide and impugning the credibility of prosecution witnesses.

ISSUE

Whether the trial court erred in convicting the accused of Murder, qualified by treachery, and in finding their guilt proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction for Murder. The legal logic centered on the presence of treachery (alevosia) which qualified the killing as Murder under Article 248 of the Revised Penal Code. Treachery exists when the offender employs means, methods, or forms in the execution of the crime that ensure its commission without risk to themselves arising from any defense the victim might make. Here, the attack was sudden and unexpected, commencing with a blow from behind while the victim was unarmed and preoccupied. This initial assault rendered him defenseless, and the concerted chase and subsequent group assault prevented any possibility of self-defense. The Court found the minor inconsistencies in prosecution witness testimonies did not detract from their overall credibility, as no ill motive was shown for them to falsely testify. The claim that only Fortunato Davis was responsible was untenable given clear evidence of conspiracy through their collective armed pursuit and joint attack. Thus, the qualifying circumstance of treachery was properly appreciated. The penalty of reclusion perpetua was correctly imposed, except for Fortunato Davis, for whom the penalty was adjusted due to voluntary surrender. The indemnity was increased to P12,000.00. The judgment was affirmed with modifications.