G.R. No. L-1265. May 31, 1949.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TIMOTEO SAGARIO, BUENCONSEJO CATAGUE, JULIAN MAGONG and ALFONSO CATAGUE, defendants-appellants.

FACTS

On midnight of May 26, 1946, armed men assaulted the house of Damian Portillo in Negros Occidental. Marcelo Portillo (Damian’s son) and his three-year-old son Rufino Portillo were shot and killed. Leonila Roca (Marcelo’s mother and Rufino’s grandmother) was also wounded. The four appellants, all acquaintances of the victims and harboring grievances against Damian Portillo, were charged. Prosecution witnesses testified that the appellants were seen at the scene: Felipe Palomaria (a servant) identified them at the doorway; Leonila Roca saw Buenconsejo Catague shoot Marcelo and Timoteo Sagario shoot Rufino; and Damian Portillo saw all appellants present during the assault. Evidence also showed that earlier that day, the appellants, along with others, had gathered at another house where Igmedio Sagario (Timoteo’s father) declared an intent to kill the Portillo family that night.

ISSUE

1. Whether the appellants were conclusively identified as the perpetrators of the assault.
2. Whether conspiracy existed among the appellants.

RULING

Yes on both issues. The Supreme Court affirmed the convictions, finding the identification of the appellants as perpetrators conclusive and the existence of conspiracy amply proven. The appellants, motivated by common grievances against Damian Portillo, acted in concert during the assault. The penalty of reclusion perpetua for each crime was upheld. However, the indemnity to the heirs of each victim was increased to P6,000. Thus, the appealed judgment was affirmed with modification as to the indemnity.

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