G.R. No. L-18073-75 September 30, 1965
The People of the Philippines, plaintiff-appellee, vs. Bonifacio Simbajon, ET AL., defendants. Victoriano Simbajon, Feliciano Simbajon and Panfilo Simbajon, defendants-appellants.

FACTS

Three separate informations were filed against Bonifacio Simbajon, Victoriano Simbajon, Feliciano Simbajon, and Panfilo Simbajon for frustrated murder (two cases) and murder (one case). The cases were jointly tried. The evidence for the prosecution established a political rivalry between the deceased, Mayor Sofronio Avaceña of Sinacaban, and Victoriano Simbajon, who had been defeated by Avaceña in elections. Avaceña had committed assaults against Simbajon’s political followers. On November 14, 1959, Victoriano Simbajon, his sons Bonifacio, Feliciano, and Panfilo, and son-in-law Arturo Yap, armed with firearms, went to the poblacion. Victoriano approached Avaceña near the municipal building, feigned a peaceful reconciliation, and invited him to ride in his jeep, which Avaceña declined. Later, as Avaceña, his chief of police Isaias Macalisang, and patrolman Liborio Dominguez approached the Simbajon group near Isabelo Plaza’s house, shots were fired from the window of Plaza’s house. Avaceña was killed, and Macalisang and Dominguez were seriously wounded. Avaceña, before dying, identified his assailants as Panfilo, Victoriano, and Feliciano Simbajon. Bonifacio and Feliciano later confessed to their participation and revealed a conspiracy hatched the night before, with Bonifacio as the designated sharpshooter. Bonifacio did not appeal his conviction. Victoriano, Feliciano, and Panfilo appealed.

ISSUE

Whether the appellants Victoriano Simbajon, Feliciano Simbajon, and Panfilo Simbajon are guilty of the crimes of frustrated murder and murder.

RULING

Yes, the appellants are guilty. The Supreme Court affirmed the conviction, finding conspiracy conclusively proven. The extrajudicial confessions of Bonifacio and Feliciano, while admissible only against them, corroborated other established facts: the motive due to political rivalry and abuses, the planning meeting, the armed group proceeding to the scene under the ruse of reconciliation, the positioning in Plaza’s house, and the firing from its window. Victoriano’s role as leader was shown by his ownership of the firearms used, his purchase of ammunition, and his execution of the plan to lure Avaceña. Feliciano’s guilt was based on his confession and corroborating acts. Panfilo’s guilt was established by circumstantial evidence placing him at the scene with a firearm that had been fired. The crime of murder was qualified by treachery, with aggravating circumstances of contempt of public authority, craft, and evident premeditation, offset by the mitigating circumstance of vindication of a wrong for appellants (and voluntary surrender for Bonifacio). The penalties for the two frustrated murder cases were modified to an indeterminate penalty of 4 years, 2 months, and 1 day of prision correccional as minimum to 17 years and 4 months of reclusion temporal as maximum for each appellant. The penalty of reclusion perpetua for murder was affirmed.