G.R. No. L-15579 May 29, 1972
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEOPOLDO LUNAR and BIENVENIDO AUSTRIA, accused-appellants.

FACTS

Accused-appellants, detainees at the Rizal provincial jail, were charged for crimes committed during a jailbreak on December 23, 1957. In Criminal Case No. 7540, they were charged with the complex crime of murder with assault upon an agent of a person in authority for killing jail guard Alfredo Pablo. Both appellants initially pleaded guilty. The trial court, however, entered a not guilty plea for Lunar after he attempted to exculpate himself during arraignment. After a joint trial, the court convicted Lunar as principal and sentenced him to death. Austria, who maintained his guilty plea, was also sentenced to death. The case is under automatic review.

ISSUE

Whether the trial court correctly convicted the appellants of the complex crime and properly imposed the death penalty.

RULING

Yes, the conviction and penalty are affirmed. The killing of jail guard Pablo constituted the complex crime of murder with assault upon an agent of a person in authority under Article 48 of the Revised Penal Code. The assault (the jailbreak) was a means to commit the murder, and both arose from a single criminal resolution. The qualifying circumstance of treachery was present, as the attack was sudden and unexpected, rendering the victim unable to defend himself. Nocturnity was correctly appreciated as an aggravating circumstance, as it was purposely sought to facilitate the crime. For Lunar, despite his not guilty plea, the evidence established his direct participation. For Austria, his voluntary plea of guilty was correctly offset by the aggravating circumstances. With the presence of the qualifying circumstance of treachery and the aggravating circumstance of nocturnity, and no mitigating circumstance to offset it, the imposition of the death penalty for both appellants was in accordance with law. The indemnity to the victim’s heirs was increased to P12,000.00.