GR 93629; (March, 1991) (Digest)
G.R. No. 93629 ; March 18, 1991
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONARDO SOLIS @ NARDING, CARLITO SOLIS, ALFREDO SOLIS @ ADO and GENEROSO SOLIS @ IROY, defendants-appellants.
FACTS
The accused-appellants, who are brothers and a cousin, were convicted of Murder for the killing of Benjamin Bao-ingan. The incident occurred around midnight on March 4, 1988, in San Fabian, Pangasinan, following a wedding celebration. Prosecution witnesses Alejandro Ternida and Rolando Bao-ingan testified that during the dance, unidentified individuals threw stones at the venue. The victim, Benjamin, went to investigate, followed by the witnesses. Outside, the accused-appellants confronted him. Generoso Solis hit Benjamin’s head with a stone, Alfredo Solis boxed him, Carlito Solis stabbed him with a dagger, and as the victim tried to flee, Leonardo Solis stabbed him with a bolo. The witnesses positively identified the appellants, noting the area was illuminated by lights from the dancing hall and a nearby house. The victim died from his injuries.
The defense presented alibis, claiming they were elsewhere during the incident. They also contested the witnesses’ identification due to alleged poor lighting and argued that the qualifying circumstance of treachery was not proven. Furthermore, appellants Alfredo, Generoso, and Carlito claimed the mitigating circumstance of voluntary surrender should be appreciated in their favor, as evidenced by police blotter entries showing their surrender months after the crime.
ISSUE
The core issues are: (1) the sufficiency of the prosecution’s evidence to establish the appellants’ guilt and conspiracy for Murder; (2) the presence of the qualifying circumstance of treachery; and (3) the propriety of appreciating voluntary surrender as a mitigating circumstance for some appellants.
RULING
The Supreme Court affirmed the conviction. The positive identification by two eyewitnesses, who knew the appellants for years and testified under adequate illumination, prevails over the weak defenses of alibi and denial. The manner of attack constituted treachery. The appellants employed means that ensured the victim, who was unarmed and investigating a disturbance, had no opportunity to defend himself. The sudden and coordinated assault by multiple armed individuals, beginning with a blow to the head, rendered him helpless.
Conspiracy was duly proven by the appellants’ concerted actions—stoning, boxing, and stabbing the victim—which demonstrated a unity of purpose to kill. Their individual acts are imputable to all. The claim of voluntary surrender by Alfredo, Generoso, and Carlito fails. Surrender must be spontaneous, showing an intent to unconditionally submit to authorities. Their surrender months after the crime, only after warrants were issued or they knew they were suspects, lacks spontaneity. Leonardo Solis’s recidivism was properly considered. The penalty of reclusion perpetua for all appellants is affirmed, with the civil indemnity increased to P50,000.00.