GR 29891; (August, 1971) (Digest)
G.R. No. L-29891 August 30, 1971
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. NENITO ALINCASTRE Y NABOR, PABLO SALCEDO Y PINEDA, ROGELIO LORENZO Y VILLAFUERTE AND MAMERTO LORENZO Y CHICO, defendants-appellants.
FACTS
On February 20, 1967, Olongapo City Mayor James L. Gordon was fatally shot at the city hall by Nenito Alincastre. Alincastre fled, was later found hiding in a dug-out under the house of co-accused Pablo Salcedo, and was arrested. The murder weapon was recovered. Investigations and sworn statements implicated Pablo Salcedo, Rogelio Lorenzo, and Mamerto Lorenzo, the latter being a former chief of police relieved by Mayor Gordon. A complaint for murder was filed. During arraignment in the Court of First Instance of Zambales, Alincastre pleaded guilty but requested to present evidence on surrounding circumstances. The other accused refused to plead, so pleas of not guilty were entered for them. After trial, the court convicted all four. Alincastre, Mamerto Lorenzo, and Pablo Salcedo were sentenced to death as principals. Rogelio Lorenzo was sentenced as an accomplice to an indeterminate penalty. All appealed. During the pendency of the appeal, Nenito Alincastre died in prison.
ISSUE
The primary issue on appeal was the correctness of the trial court’s classification of the participation of Rogelio Lorenzo and the imposition of the death penalty upon the principals.
RULING
The Supreme Court affirmed the convictions but modified the penalty and classification for Rogelio Lorenzo. The death of appellant Nenito Alincastre extinguished his criminal liability, leading to the dismissal of the case against him. On the merits, the Court found conspiracy among the accused, established by their coordinated actions before and after the killing. Mamerto Lorenzo, motivated by resentment from his removal as police chief, masterminded the plot. Pablo Salcedo provided the weapon and sanctuary. Rogelio Lorenzo actively participated by delivering the firearm and instructions from his father, Mamerto, to the triggerman, Alincastre. This active facilitation made him a co-principal by direct participation, not merely an accomplice. The trial court thus erred in classifying him as an accomplice. Consequently, the Court modified his sentence to death, to be served jointly and severally with the other principals for indemnity. The Court also noted that the evidence pointed to the participation of other individuals, Jaime Guevara and Narciso Cruz, and recommended their prosecution. The decision was affirmed with modifications regarding Rogelio Lorenzo’s liability and the dismissal of the case against the deceased Alincastre.