G.R. No. 33624 ; January 29, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. MANUEL BABAC, ET AL., defendants-appellants.

FACTS

The appellants Manuel Babac, Bonifacio Villagracia, and Evaristo Villagracia were charged with the murder of Braulio Doyula. During a game of tarapay, an altercation arose. When Doyula tried to leave, Babac seized and threw Doyula’s shells. An angered Doyula attempted to strike Babac but was restrained by Evaristo and Bonifacio Villagracia, who held his arms. While Doyula was thus held, Babac, standing behind him, drew a bolo and fatally stabbed him in the back. The mother of the deceased shouted a warning to the Villagracias to free Doyula as Babac had drawn his weapon, but the stabbing occurred shortly after. Doyula, before dying, identified Babac as the assailant and stated the Villagracias were holding his hands during the attack.

ISSUE

Whether the Villagracias are criminally liable as accomplices in the murder committed by Babac.

RULING

The judgment is affirmed with respect to Manuel Babac but reversed as to Evaristo and Bonifacio Villagracia. Babac is guilty of murder qualified by alevosia (treachery) for attacking from behind while the victim was restrained. He is sentenced to cadena perpetua and ordered to pay indemnity. The Villagracias are acquitted. The Court found that while they physically restrained the victim, the evidence did not sufficiently prove they did so with criminal intent to facilitate the killing. At the initial moment, their act was to prevent Doyula from attacking Babac. The interval between the mother’s warning and the stabbing was too short to establish they had time to deliberate and consciously assist in the murder. They are entitled to reasonable doubt. (Villamor, J., dissented, believing the Villagracias were guilty as accomplices).

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