GR 95320; (September, 1991) (Digest)
G.R. No. 95320 September 4, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BALTAZAR LACAO, SR., PATRIA LACAO and TRINIDAD LACAO MANSILLA, accused-appellants.
FACTS
Accused-appellants were charged with the complex crime of murder with direct assault upon an agent of a person in authority for the killing of Police Corporal Jose G. Inocencio, Jr. The incident occurred during a wake in Barangay Manibad, Mambusao, Capiz. A commotion arose from a card game involving Baltazar Lacao II, who unsheathed a knife and threatened another player. The victim, Cpl. Inocencio, intervened to pacify the situation. Upon the plea of Baltazar Lacao II’s mother, Patria Lacao, the victim released the son, who then immediately stabbed the policeman. Baltazar Lacao, Sr. and Baltazar Lacao III, along with Patria Lacao and Trinidad Lacao Mansilla, rushed in, surrounded the victim, and joined the attack. The men repeatedly stabbed the victim while the women hit him with wooden stools. The autopsy revealed thirteen stab wounds.
ISSUE
The primary issue is whether the accused-appellants are guilty of the complex crime of murder with direct assault. Subsidiary issues involve the appreciation of aggravating circumstances, the defense of alibi and denial, and the correct penalties and liabilities.
RULING
The Supreme Court affirmed the conviction with modifications. The killing constituted murder qualified by treachery. The attack was sudden and unexpected, with the victim being surrounded and assaulted from different sides after he had released Baltazar Lacao II, leaving him no opportunity to defend himself. The circumstance of abuse of superior strength was absorbed by treachery. Direct assault was integrated as the victim, a police corporal performing his duty, was attacked. The complex crime doctrine applies, with the penalty for the graver offense (murder) in its maximum period to be imposed.
The Court rejected the defenses of alibi and denial, which were weak against the positive identification by three credible eyewitnesses. Conspiracy was established among Baltazar Lacao, Sr. and his sons by their concerted actions. However, for appellants Patria Lacao and Trinidad Mansilla, whose acts of hitting the victim with stools and urging the family to flee showed knowledge of but not direct cooperation in the killing plan, the Court held them liable as accomplices, not co-conspirators. Appellant Baltazar Lacao, Sr. was sentenced to reclusion perpetua. Appellants Patria Lacao and Trinidad Lacao Mansilla, as accomplices, were sentenced to an indeterminate penalty. The civil indemnity was increased to P50,000.00.