GR 69986; (March, 1991) (Digest)
G.R. No. 69986 ; March 5, 1991
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VALERIANO PACRIS, NESTOR PACRIS, BENITO PACRIS and MAURICIO GALZOTE, defendants-appellants.
FACTS
The appellants were convicted of murder for the killing of Rogelio Lim. The prosecution evidence established that on April 30, 1980, in Sanchez Mira, Cagayan, the victim and his companions confronted a group catching bangus fry in his concession. Without warning, Nestor Pacris struck Rogelio Lim from behind with a boat paddle. As the victim fell, Valeriano Pacris stabbed him. Subsequently, Benito Pacris, Mauricio Galzote, and others surrounded the helpless victim and clubbed him mercilessly. The defense, led by Valeriano Pacris, claimed self-defense, alleging that the victim initiated the aggression by boxing him and drawing a gun, and that the fatal blows were accidentally delivered by the victim’s own companion, Samson Adolfo, during a struggle.
ISSUE
The primary issue is whether the mitigating circumstance of voluntary surrender is applicable to appellants Valeriano Pacris and Mauricio Galzote.
RULING
The Supreme Court affirmed the murder conviction but modified the penalties. The Court rejected the claim of self-defense, finding the prosecution’s version credible and noting the nature and number of wounds indicative of a determined effort to kill. The defense narrative was deemed inherently improbable. The Court, however, recognized the mitigating circumstance of voluntary surrender in favor of Valeriano Pacris and Mauricio Galzote. The act of delivering the victim’s body to the police station and submitting themselves to the authorities constituted a valid voluntary surrender, as it was done to acknowledge responsibility and submit to the law. Consequently, their penalties were reduced under the Indeterminate Sentence Law. For Nestor and Benito Pacris, who did not surrender, the death penalty was commuted to reclusion perpetua in line with the 1987 Constitution . All appellants were ordered to pay increased indemnity to the victim’s heirs.