G.R. No. 33614, November 4, 1930
PEOPLE OF THE PHILIPPINE ISLANDS vs. BENEDICTO CORTES, ET AL.

FACTS

On February 16, 1930, a cockfight in Punta Buri, Masbate, ended in a dispute between factions from barrios Guiom and Cawayan. After the event, Anacleto Aballe (Cawayan) asked for the return of his wager. As he left, appellant Santiago Cortes (Guiom) confronted and stabbed him in the back. Anacleto fled but was struck by Alejo Cortes. While Anacleto was on the ground, appellant Benedicto Cortes (Santiago’s father) struck him with a coconut branch. Cipriano Aballe (Anacleto’s uncle) intervened, but Benedicto fractured his arm with a piece of wood. Simeon Kilantang (Cawayan) then approached, and Benedicto struck his forehead with the same weapon, fracturing his frontal bone. While Simeon was kneeling, Santiago struck his neck with bamboo, and appellant Honestorio Bellocillo struck his hip with a club. Simeon died shortly after. The trial court convicted Benedicto as principal and Santiago and Honestorio as accomplices to homicide, with the aggravating circumstance of superior strength.

ISSUE

1. Whether the trial court correctly identified Benedicto Cortes as the principal who inflicted the fatal blow.
2. Whether the aggravating circumstance of superior strength was properly appreciated against the appellants.

RULING

1. Yes. The Supreme Court affirmed the trial court’s finding that Benedicto Cortes delivered the fatal blow to Simeon Kilantang’s forehead, based on the credible testimony of prosecution witnesses. The defense’s claim that Santiago inflicted the fatal wound was rejected.
2. No. The aggravating circumstance of superior strength was erroneously applied. For superior strength to exist, there must be a notable inequality of forces between the aggressor(s) and the victim, consciously taken advantage of. Here, the three appellants did not act in concert under a prior conspiracy; their attacks were sequential, not simultaneous or unified. Benedicto alone was the principal, while Santiago and Honestorio were merely accomplices. Thus, there was no “superior strength” arising from coordinated action.

The penalties were modified:
– Benedicto Cortes (principal): Reduced to reclusión temporal in its medium degree (14 years, 8 months, and 1 day).
– Santiago Cortes and Honestorio Bellocillo (accomplices): Reduced to prisión mayor in its medium degree (8 years and 1 day).
– Indemnity: Set at ₱500 to the heirs of Simeon Kilantang, with subsidiary liability among the appellants as specified.

The judgment was affirmed as modified.