GR 39779; (November, 1978) (Digest)
G.R. No. L-39779 November 7, 1978
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HERMENEGILDO BARBOSA and RUBEN BARBOSA, defendants-appellants.
FACTS
Late in the evening of June 30, 1972, Ruben Barbosa, his wife, and his mother went to the house of Francisco Ballolong in Barrio Benben, La Paz, Abra, and asked him to come down. After a brief conversation, Ruben patted Francisco on the back, and he and his companions ran away. As Francisco turned to return to his house, Hermenegildo Barbosa, Ruben’s father, who was positioned nearby, suddenly fired a shotgun at him. Francisco fell, and other shots were fired. Before dying at the hospital, Francisco gave an antemortem statement identifying Hermenegildo as his assailant. The shooting had political undertones, as the victim and the accused belonged to opposing local factions.
Hermenegildo claimed he heard a gunshot while in his house and took his gun outside. He testified that Francisco insulted Ruben, after which another gunshot was heard and Francisco fell. He denied firing the fatal shot. A paraffin test on Hermenegildo three days later yielded a negative result, but the prosecution argued this was inconclusive. The trial court convicted both father and son of murder.
ISSUE
The primary issue is whether the guilt of Hermenegildo Barbosa and Ruben Barbosa for the crime of murder was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the convictions but modified the penalties. The Court found the prosecution evidence, particularly the victim’s dying declaration, credible and sufficient to establish Hermenegildo’s guilt. The negative paraffin test was deemed inconclusive, as it was administered days after the shooting when gunpowder residue could have been obliterated. The manner of attack—a sudden assault at night after the victim was lured from his house—constituted treachery, qualifying the killing as murder.
Regarding Ruben, the Court rejected the Solicitor General’s view that he should be acquitted. His act of calling the victim out and patting him on the back before fleeing was a deliberate and integral part of the execution, serving as a prearranged signal to the assailants. This demonstrated conspiracy, making him a co-principal by direct participation. The Court modified the penalty for Hermenegildo to reclusion perpetua and for Ruben to an indeterminate sentence. Civil liabilities were also adjusted accordingly.