G.R. No. 64725 -26 July 20, 1992
People of the Philippines, plaintiff-appellee, vs. Salvador Alacar @ Badong or Buddy, Ric Esguerra, Conrado Alacar and Teofilo Tuliao, Jr., accused-appellants.

FACTS

Two separate informations were filed against the accused-appellants. In Criminal Case No. D-1995, Salvador Alacar, Ric Esguerra, Conrado Alacar, and Teofilo Tuliao, Jr. were charged with Attempted Homicide against Gerardo P. Centino. In Criminal Case No. D-1996, Salvador Alacar and Ric Esguerra were charged with Murder for the death of Teofilo G. Suarez. The incidents occurred on May 9, 1978, in Dagupan City. Prior to this date, there was animosity as Centino had complained about Tuliao’s misuse of association funds, and Suarez had a prior quarrel with Esguerra and Salvador Alacar. On the afternoon of May 9, the accused, along with Ernesto Gomez, were drinking at a friend’s house. During the spree, Salvador Alacar admitted he was the one who previously stoned Centino, and the four accused agreed to maul and kill Centino. Later that evening, at a store, Salvador Alacer confronted Centino, lured him under a pretext to a nearby house, and on the way, suddenly smashed a stone on Centino’s jaw. The other accused then joined in assaulting Centino with fist blows and stones. Centino managed to escape after several attempts. During the chase, barangay councilman Perfecto Suarez tried to intervene. After Centino hid in a house, Salvador Alacar and Ric Esguerra proceeded southward, encountered Teofilo Suarez (the deceased), and Salvador Alacar, saying “you are also one,” struck Suarez on the forehead with a stone, causing his death. Esguerra boxed Suarez. The accused then fled. The trial court convicted all four accused of Attempted Homicide qualified by treachery and superior strength, sentenced Salvador Alacar to reclusion perpetua for Murder, and acquitted Ric Esguerra of Murder on reasonable doubt.

ISSUE

The primary issues involve the correctness of the trial court’s findings regarding the crimes charged, specifically the presence of conspiracy, treachery, and abuse of superior strength in the attempted homicide case, and the correctness of the penalties imposed.

RULING

The Supreme Court modified the trial court’s decision. In Criminal Case No. D-1995 for Attempted Homicide, the Court found conspiracy among all four accused, as their concerted actions in jointly attacking Centino demonstrated a common purpose. However, treachery was not present because the attack was not sudden and from behind; Centino was aware of the accused’s presence and hostile intent when he was lured away. The circumstance of abuse of superior strength was present, as the four armed accused ganged up on the unarmed and fleeing victim. The penalty was recomputed: for attempted homicide, two degrees lower than reclusion temporal (penalty for consummated homicide) is prision correccional. With one aggravating circumstance (abuse of superior strength), the maximum period is imposed. Applying the Indeterminate Sentence Law, the penalty is four months and one day of arresto mayor as minimum to six years of prision correccional as maximum. The civil indemnity to Centino of P3,000.00 was affirmed. In Criminal Case No. D-1996 for Murder, the Court affirmed Salvador Alacar’s conviction. Treachery was duly established as the attack on Teofilo Suarez was sudden and unexpected, without provocation. The Court affirmed the penalty of reclusion perpetua but increased the civil indemnity to the heirs of the deceased to P50,000.00. The acquittal of Ric Esguerra for murder was not disturbed as the trial court found no conspiracy between him and Salvador Alacar in the killing of Suarez. The appealed decision was affirmed subject to these modifications.