GR L 2279; (April, 1950) (Digest)
G.R. No. L-2279; April 26, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEOPOLDO ZABALA and BENJAMIN LUSANTA, defendants-appellants.
FACTS
The appellants, Leopoldo Zabala and Benjamin Lusanta, were convicted of homicide by the Court of First Instance of Capiz for the killing of Serafin Narce. The conflict arose from opposing claims over a parcel of land. On May 15, 1946, the appellants, with companions, destroyed the house of the Narce brothers and manhandled Primo Narce. On May 28, 1946, the appellants, along with Federico Lusanta, lured Serafin Narce under the pretext of settling the land dispute at the barrio lieutenant’s house. On the way, they sent away the accompanying witness, Mariano Zaquita, who then secretly observed the attack. The appellants and Federico surrounded Serafin and beat him to death with wooden canes, afterward dumping his body into a river. The defense of alibi presented by the appellants was rejected by the trial court.
ISSUE
Whether the appellants are guilty of murder, qualified by abuse of superior strength, rather than simple homicide.
RULING
Yes. The Supreme Court modified the conviction from homicide to murder, qualified by abuse of superior strength. The attack was sudden, concerted, and executed by three assailants against a lone victim, creating an unequal contest. The Court found no evident premeditation, as the initial invitation for a settlement could have been genuine, with the homicidal intent arising later. With no aggravating or mitigating circumstances, the penalty was imposed in its medium degree. The appellants are sentenced to reclusion perpetua and ordered to jointly and severally indemnify the heirs of the deceased in the amount of P6,000. The decision of the lower court was affirmed with these modifications.
AI Generated by Armztrong.