G.R. No. L-56465-66 June 26, 1992
THE PEOPLE OF THE PHILIPPINES, plaintiff, vs. PEDRO GALENDEZ, EULALIO GALENDEZ, NARCISO ACABO, FELIX TADIOS, CARLOS TADIOS, FABIAN SAJOT and EMILIO LLEMIT, accused.

FACTS

Two separate informations for murder were filed against the accused-appellants for the killing of spouses Gaudencio Jamero and Dionisia Tadios Jamero on February 4, 1978, at Kibungol, Hindangon, Gingoog City. The accused, armed with deadly weapons, conspired and attacked the victims in their dwelling at night. After trial, the Court of First Instance found accused-appellants Pedro Galendez, Eulalio Galendez, Narciso Acabo, and Felix Tadios guilty beyond reasonable doubt of double murder and sentenced each to death in both cases. Accused Carlos Tadios, Fabian Sajot, and Emelio Llemit were acquitted for insufficiency of evidence. The case was originally for automatic review but proceeded as an appeal after the abolition of the death penalty under the 1987 Constitution .

ISSUE

Whether the trial court erred in finding the accused-appellants guilty of the crime of murder.

RULING

The Supreme Court affirmed the trial court’s decision with modification. The Court found no reversible error in the trial court’s findings of fact and held that conspiracy among the accused-appellants was established through their collective acts in pursuance of a common unlawful purpose. The aggravating circumstances alleged in the informations were present and supported by the evidence. However, in view of the constitutional prohibition against the death penalty, the Supreme Court reduced the penalty to reclusion perpetua for each accused in each case. The indemnity to the heirs of each victim was increased to P50,000.00.