G.R. No. 71461 September 30, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANASTACIO CARICUNGAN, MARIO CARICUNGAN, MARTINIANO CARICUNGAN and WINNIE CARICUNGAN, accused-appellants.

FACTS

On the evening of April 26, 1983, in Barangay Tombod, Villasis, Pangasinan, Barangay Tanod Chief Primo Milanes and other barangay officials were in a meeting when they heard accused Anastacio Caricungan and his son Mario shouting provocations. Milanes, in the performance of his official duty, went out to confront them. The four accused, all armed, were waiting. Anastacio, armed with a homemade armalite, immediately shot Milanes. As the victim fell, his co-accused Mario, Martiniano, and Winnie simultaneously attacked and struck the prostrate victim with a shotgun, a .22 caliber firearm, and a piece of wood, respectively. Milanes died from his injuries. The accused fled but later surrendered. The Regional Trial Court convicted all four as principals of the complex crime of Direct Assault upon an Agent of a Person in Authority with Murder and imposed the death penalty.

ISSUE

Whether the guilt of all accused-appellants for the complex crime of Direct Assault with Murder was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction but modified the penalty. The legal logic is that the prosecution evidence firmly established conspiracy and the elements of the complex crime. Eyewitness accounts from barangay officials, corroborated by physical evidence and the appellants’ flight, proved that the accused, acting in concert, attacked Milanes, who was a known barangay tanod chief performing his official duties. The attack commenced with Anastacio’s gunshot, followed by the collective beating by the others, demonstrating a unified criminal purpose to kill and assault an agent of authority.
The Court found no merit in the defenses of denial and alibi, which were unsubstantiated and could not overcome the positive identification by credible witnesses. The trial court correctly appreciated the qualifying circumstance of treachery, as the sudden and coordinated attack ensured the victim had no chance to defend himself. However, the Court modified the penalty from death to reclusion perpetua, as the 1987 Constitution prohibits the death penalty. The moral damages awarded to the heirs were also increased from P30,000 to P50,000 in accordance with prevailing jurisprudence.