G.R. No. L-19143 November 29, 1968
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SANTOS RAMOS, PEDRO ALEMANIA, LUCILO ESMA and ALFONSO ESMA, defendants-appellants.

FACTS

The appellants were charged with Murder. Alfonso Esma owned and operated a restaurant in Barrio Magpayang, Mainit, Surigao del Norte, where his cousin Lucilo Esma and co-appellants Santos Ramos and Pedro Alemania lived and worked as helpers. On the evening of January 24, 1960, after Alfonso had pushed a drunkard named Feling out of the restaurant, Agapito Montaner, Jr. entered. Lucilo Esma approached Agapito and put his right arm over Agapito’s left shoulder. As Agapito tried to free himself, Santos Ramos approached from behind and stabbed him on the left side of the body with a double-bladed dagger. Pedro Alemania then struck Agapito with fist blows to the face, and Alfonso Esma pushed him out of the restaurant, causing him to fall face upward on the pavement. Agapito was taken to a hospital where he died fifteen minutes later from hemorrhage due to the stab wound. The trial court found Santos Ramos guilty as principal and the other three as accomplices, sentencing Ramos to reclusion perpetua and the others to indeterminate sentences, plus indemnity.

ISSUE

Whether the evidence is sufficient to support the conviction for Murder, and whether the killing was attended by treachery.

RULING

The Supreme Court affirmed the conviction for Murder. The evidence established that Santos Ramos stabbed the victim from behind while the victim was partially restrained by Lucilo Esma, who had his arm over the victim’s shoulder. This manner of attack constituted treachery (alevosia), qualifying the killing to Murder. The Court found no reason to reverse the trial court’s findings on the sufficiency of the evidence. The defense’s version, which admitted the stabbing by Ramos, failed to overcome the prosecution’s evidence. The indemnity was increased to P12,000.00.