G.R. No. 83030 December 14, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JULITO MINDAC, LINO TRINIDAD and CARLITO LAGURAS, defendants-appellants.

FACTS

Appellants Julito Mindac, Lino Trinidad, and Carlito Laguras were charged with Murder for the killing of Cirilo “Glenn Boy” Bolisig on June 19, 1983, in Zamboanguita, Negros Oriental. The prosecution’s evidence, primarily from witness Pastor Cañete, established that the appellants waylaid the victim on a lighted highway. Carlito Laguras swung a belt with a buckle at the victim, who ducked, causing the buckle to hit Julito Mindac. Lino Trinidad then struck the victim on the nape with an empty bottle, and upon Trinidad’s urging (“Finish him Tiyo”), Julito Mindac stabbed the victim below the left nipple, causing his death. The defense, led by appellant Mindac who admitted the killing, claimed self-defense. They alleged that the victim, who had earlier challenged Mindac to a fight, suddenly attacked Mindac with a stone and then with a knife, which Mindac wrestled away and used to stab the victim. The trial court convicted all three appellants of Murder, qualified by abuse of superior strength, and sentenced them to Reclusion Perpetua, with an indemnity of P30,000.00 to the victim’s heirs.

ISSUE

The main issues raised on appeal include: (1) whether the trial court erred in not finding that the victim was the aggressor and in rejecting the plea of self-defense; (2) whether the finding of conspiracy and that the appellants were lying in wait is supported by evidence; (3) whether the qualifying circumstance of abuse of superior strength was correctly appreciated; (4) whether the trial court erred in rejecting the recantation of prosecution witness Paulino Elnas; (5) whether the trial court erred in not appreciating the voluntary surrender of appellant Mindac; and (6) whether appellant Carlito Laguras was correctly convicted based on conspiracy.

RULING

The Supreme Court affirmed the conviction with modification. The plea of self-defense by appellant Mindac failed because he did not prove the essential requisite of unlawful aggression on the part of the victim. The defense presented conflicting versions of the alleged attack, and the injury on Mindac (a contusion) was more consistent with being hit by the belt buckle swung by his co-accused Laguras than by a stone. The court found the prosecution’s version credible, establishing that the appellants conspired to attack the victim, as shown by their collective actions of waylaying, beating, and stabbing him. The qualifying circumstance of abuse of superior strength was properly considered due to the coordinated attack by three armed men against one victim. The recantation of witness Paulino Elnas was rightly rejected, as recantations are generally viewed with suspicion. The claim of voluntary surrender by Mindac was not proven, as merely asking a police officer to accompany him to the municipal building did not constitute a spontaneous acknowledgment of guilt. The penalty of Reclusion Perpetua was correctly imposed, as Murder is punishable by reclusion temporal maximum to death, and with no aggravating or mitigating circumstances, the medium period (reclusion perpetua) applies. The civil indemnity was increased from P30,000.00 to P50,000.00.