GR L 2054; (April, 1950) (Digest)
G.R. No. L-2054; April 29, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE VILLAMORA, ET AL., defendants.
FACTS
On February 21, 1946, Gregorio Acuña ejected several soldiers, including a lieutenant, from a cabaret in Legaspi, Albay. The next day, Lt. Jose Villamora, resenting the affront to the Army, assembled soldiers in camp, urged them to chastise Acuña, and led a group of about 50-70 men to find him. The group, including appellants Francisco Barauel and Pedro Rentoria, proceeded to Acuña’s house in barrio Tulatula. They surrounded the house, threw stones, and tore down its walls. Acuña jumped from the house and fled but was pursued. Barauel hit him on the head with an iron bar, and Rentoria stabbed him several times with a bayonet, causing his death. The appellants voluntarily executed sworn affidavits admitting their participation.
ISSUE
1. Whether the appellants are guilty of the killing of Gregorio Acuña.
2. Whether the killing was qualified by evident premeditation or treachery.
3. Whether the mitigating circumstances of provocation or passion should be applied.
RULING
The Supreme Court affirmed the conviction of appellants Jose Villamora, Francisco Barauel, and Pedro Rentoria for murder.
1. Guilt Established: The appellants’ voluntary affidavits and testimonial evidence proved their culpability beyond reasonable doubt. A conspiracy to punish Acuña existed, making all conspirators liable for the resulting death.
2. Qualifying Circumstance: The Court found that evident premeditation was not sufficiently proven, as the attack was decided on the spur of the moment. However, treachery (alevosia) was present because the group of at least 19 soldiers surrounded Acuña’s house and attacked him, giving him no chance to defend himself. Abuse of superior strength was absorbed by treachery.
3. Penalty: The penalty of reclusion perpetua (life imprisonment) was imposed, as modified by the trial court. The Court did not accept the concurring opinion’s suggestion to apply the mitigating circumstances of sufficient provocation or passion, as the majority found the appellants acted in pursuance of a conspiracy led by their officer.
The appealed judgment was affirmed.
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