G.R. No. L-23463; September 28, 1967
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLOS CLEMENTE and ROSALIO CLEMENTE, defendants-appellants.

FACTS

On the afternoon of February 5, 1962, in Barrio San Miguel, Lavezares, Samar, Reyes Matnog, a barrio lieutenant, died from multiple stab wounds. The incident occurred after he attended a celebration. The autopsy revealed several fatal wounds. Based on affidavits from Basilio Pornelos and Isabel Medala, the Chief of Police filed a complaint against brothers Pascual, Carlos, and Rosalio Clemente. They were charged with murder, alleged to have acted with conspiracy, treachery, and evident premeditation. At trial, the prosecution’s primary eyewitness was Pablito Seriguini, who testified that Rosalio initially stabbed Matnog during a fight, and that after Matnog fell, Pascual and Carlos also attacked him. The defense presented alibis and claimed self-defense. Rosalio testified that Matnog attacked him first, and he fought back in defense. Carlos claimed he was gathering firewood in another barrio at the time. The trial court convicted Pascual and Carlos Clemente of murder and Rosalio Clemente of homicide, sentencing them accordingly.

ISSUE

The main issues on appeal concerned the credibility of the eyewitness, the presence of conspiracy and treachery to qualify the crime as murder, the validity of Rosalio’s claim of self-defense, and the correct classification of the criminal liability of each accused.

RULING

The Supreme Court modified the trial court’s decision. It found no sufficient evidence of conspiracy or treachery. The attack by Rosalio was ruled to be the result of a sudden quarrel, not premeditated, and the subsequent attack on the fallen victim was incidental to the pursuit, not deliberately treacherous. Therefore, the crime committed was homicide, not murder. Rosalio Clemente was found guilty of homicide, and his voluntary surrender to police immediately after the incident was considered a mitigating circumstance. For Carlos and Pascual Clemente, the Court found the evidence of their direct participation in inflicting wounds uncertain and lacking proof of conspiracy. They were thus considered mere accomplices to the homicide, not principals. The penalties were reduced accordingly. Rosalio was sentenced to an indeterminate penalty of 8 years and 1 day of prision mayor as minimum to 13 years of reclusion temporal as maximum. Carlos and Pascual were each sentenced to an indeterminate penalty of 3 years of prision correccional as minimum to 8 years and 1 day of prision mayor as maximum. The civil indemnities were affirmed.