G.R. No. L-13295; May 31, 1960
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCELINO MARIO, alias “Celino” and DOROTEO DULAY, alias “Dorot”, defendants-appellants.

FACTS

On January 6, 1955, in Barrio Tebuel, Manaoag, Pangasinan, a conversation occurred at a store between Consuelo Mendoza and Faustina Riola (wife of Pablo Sagaoinit) about an incident at a dance where a woman named Rose disappointed appellant Doroteo Dulay. Pablo Sagaoinit, who was present, remarked, “Pilo is a little bit crazy.” Appellant Marcelino Mario, Dulay’s brother-in-law, overheard this remark, confronted Sagaoinit, pointed a finger at his face, and said, “Remember what you have said.” Mario then ran to their house and informed Dulay of the remark. Dulay, accompanied by his wife Dionisia Mario and Marcelino Mario, returned to the store. Dulay immediately rushed at Pablo Sagaoinit, demanding why he called him crazy, and challenged him to a “sports fight” “even if it is a fight up to death.” When barrio lieutenant Eligio Mendoza tried to pacify him, Dulay pushed Mendoza, causing him to fall. Ildefonso Sagaoinit, Pablo’s uncle, arrived, tapped Dulay’s shoulder, and admonished him to stop. Dulay pushed Ildefonso, causing him to fall. As Ildefonso was about to get up, Dulay shouted to Mario, “what are you doing, Marcelino (Mario), come on, you hit.” Upon this order, Marcelino Mario immediately stabbed Ildefonso Sagaoinit in the back with a dagger. Meanwhile, Doroteo Dulay, who was behind Pablo Sagaoinit, grabbed the victim’s waist and pinned his arms. Marcelino Mario then stabbed Pablo Sagaoinit in the left breast above the nipple with the same dagger, inflicting a deep mortal wound. Both appellants fled. Pablo Sagaoinit died from the wound. Marcelino Mario later withdrew his appeal, leaving Doroteo Dulay as the sole appellant.

ISSUE

Whether the trial court erred in holding appellant Doroteo Dulay as a principal in the commission of the crime of murder.

RULING

No, the trial court did not err. The Supreme Court affirmed the conviction. Appellant Doroteo Dulay is a principal in the commission of murder. The Court agreed with the trial court’s findings that Dulay, by grabbing the deceased’s waist, placing his hands around it, and pinning his arms, cooperated in the execution of the crime by an act without which it would not have been committed, making him a principal by cooperation under Article 17(3) of the Revised Penal Code. Furthermore, treachery (alevosia) attended the killing, qualifying it as murder. By holding the victim and rendering him defenseless, Dulay employed means to ensure the execution of the crime without risk to himself from any defense the victim might make. The aggravating circumstance of abuse of superior strength was absorbed by treachery. Alternatively, Dulay could also be considered a principal by induction under Article 17(2) for inducing his co-accused Mario to stab the deceased. The decision of the trial court sentencing Doroteo Dulay to reclusion perpetua and ordering him to pay indemnity was affirmed.