G.R. No. L-33127 July 15, 1981
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SATURNINO MENDOZA, JESUS LIRASAN, AGRIPINO “NONOY” MAMACANG, EUFROCINO PEREZ, GENOVEVO POTESTAS and CONRADO SAYSON, defendants-appellants.

FACTS

The case involves the killings of Alberto Alforque and his wife, Valeriana Reble de Alforque, on November 4, 1960, in Zamboanga del Norte. The antecedent facts reveal a political and territorial dispute. Appellant Saturnino Mendoza, the Municipal Mayor of Mahayag, Zamboanga del Sur, insisted that Barrio New Tangub fell under his municipality’s jurisdiction. Alberto Alforque, the barrio captain, maintained it was under Polanco, Zamboanga del Norte. This led to heated confrontations where Mendoza, accompanied by policemen including appellants Jesus Lirasan and Agripino Mamacang, threatened Alforque. On the night of the crime, a group including Lirasan, Mamacang, Eufrocino Perez, and Conrado Sayson, acting on Mendoza’s inducement, went to Alforque’s house. They attacked and killed Alberto Alforque. During the assault, Valeriana intervened and was subsequently stabbed to death by Mamacang and another accused not yet arrested.

ISSUE

The primary issue is whether the accused are guilty beyond reasonable doubt of the crimes charged, specifically murder for Alberto Alforque’s death and the appropriate crime for Valeriana Reble de Alforque’s death, considering the circumstances of treachery, evident premeditation, and the aggravating circumstances involved.

RULING

The Supreme Court affirmed the convictions with modifications. For the killing of Alberto Alforque, the Court found the offense to be Murder, qualified by evident premeditation. The appellants acted in conspiracy, with Mendoza as a principal by inducement and the others as principals by direct participation. The Court noted the presence of multiple generic aggravating circumstances: superior strength, commission in the victim’s dwelling, by a band, for a price or promise of reward, and taking advantage of public position (for Mendoza, Lirasan, and Mamacang). These were offset only by the mitigating circumstance of voluntary surrender. Consequently, the penalty for Saturnino Mendoza, Jesus Lirasan, and Agripino Mamacang was elevated to death. For the killing of Valeriana Reble de Alforque, the Court modified the conviction of Agripino Mamacang from Murder to Homicide. The Court found that her killing, while involving the aggravating circumstances of disregard of sex, superior strength, and dwelling, was not attended by treachery as she was killed after she actively intervened by striking Mamacang. Mamacang was sentenced to an indeterminate penalty for Homicide. The Court upheld the civil indemnities awarded by the trial court.