G.R. No. 40778, January 26, 1989
People of the Philippines, plaintiff-appellee, vs. Arcillo Manlolo, accused-appellant, and Romulo Garcia, accused.

FACTS

The case originated from an incident on May 7, 1972, during a community fiesta in Pasay City. Severino Perito, Felicito Mediona, and the victim, Cipriano Manuel, were on their way home when a group of individuals, including appellant Arcillo Manlolo and accused Romulo Garcia, assaulted them. The attack began with someone throwing a large rock that hit Perito. As his companions assisted him, a group of five or more persons rushed from behind a police outpost. Romulo Garcia stabbed Manuel in the chest, while others threw rocks; another person also stabbed Perito. Manuel was brought to the hospital but died the following day. The information charged Manlolo, Garcia, and an at-large accused, Alfonso Militante, with homicide, alleging conspiracy. After trial, the court convicted Manlolo and Garcia, sentencing them to reclusion perpetua with aggravating circumstances of nighttime and band.

ISSUE

The core issues on appeal were: (1) whether conspiracy was established to hold Manlolo liable; (2) whether the aggravating circumstances of nighttime and band were correctly appreciated; and (3) whether the penalty imposed was proper.

RULING

The Supreme Court affirmed Manlolo’s conviction but modified the penalty. On conspiracy, the Court found it sufficiently established. The evidence showed that Manlolo and his companions acted in concert: they were together as a group near the crime scene, jointly initiated the assault by throwing stones, and collectively pursued the victims after the stabbing. This unity of purpose and simultaneous aggressive actions demonstrated a community of criminal design, making each participant liable for the consequences, including the fatal stabbing perpetrated by Garcia.
Regarding aggravating circumstances, the Court correctly eliminated nighttime, as the prosecution failed to prove it was purposely sought to facilitate the crime. However, the Court found the aggravating circumstances of band and abuse of superior strength present. The attack involved more than three armed malefactors, as the group used stones and knives. Following precedent, stones are considered “arms” when used with lethal intent. The group’s numerical superiority and use of weapons constituted abuse of superior strength against the unarmed victims.
On the penalty, the Court held the trial court erred in imposing reclusion perpetua. For homicide under Article 249 of the Revised Penal Code, the prescribed penalty is reclusion temporal. Even with two aggravating circumstances, the maximum penalty cannot exceed the maximum period of reclusion temporal under Article 64(6). Applying the Indeterminate Sentence Law, the Court imposed an indeterminate sentence of 8 years and 1 day of prision mayor as minimum to 17 years, 4 months and 1 day of reclusion temporal as maximum. The indemnity to the heirs was also increased to P30,000.00.