G.R. No. L-23513 January 31, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE OMPAD, ET AL., defendants, PASTOR LABUTIN, DOMINGO LABUTIN, and SANTIAGO RAYNADA, defendants-appellants.

FACTS

On May 7, 1962, in Sitio Inalaran, Sta. Rita, Samar, Simplicio Tapulado and Dominga del Monte were shot and killed inside their farmhouse. The prosecution’s case relied on the testimonies of two eyewitnesses, Pablo del Monte and Maxima Tapulado, and a discharged co-accused turned state witness, Lucio Samar. According to their testimonies, Vicente Ompad and Angel Libre were the triggermen who shot the victims. Appellants Pastor Labutin, Domingo Labutin, and Santiago Raynada, along with Lucio Samar, were present as accomplices, having conspired in the plan. The plan to kill Simplicio Tapulado was allegedly hatched during a drinking session at Lucio Samar’s farm earlier that day, initiated by Pastor Labutin. After the shooting, Pastor Labutin made a remark about land-grabbing and ordered the taking of Simplicio’s pig. The appellants’ defense was alibi, each claiming to be elsewhere during the commission of the crime.

ISSUE

The primary issue is whether the guilt of appellants Pastor Labutin, Domingo Labutin, and Santiago Raynada for the crime of double murder was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalties. The positive identification by credible eyewitnesses rendered the appellants’ defense of alibi untenable. The crime was murder, qualified by treachery. The Court found the aggravating circumstances of evident premeditation and dwelling present with respect to Pastor Labutin. For Domingo Labutin and Santiago Raynada, only the aggravating circumstance of dwelling was present, offset by the mitigating circumstance of intoxication (which was not habitual nor subsequent to the plan). The trial court’s decision to discharge Lucio Samar to become a state witness was not a reversible error. The penalty for Pastor Labutin was reduced from death to reclusion perpetua due to lack of sufficient votes to affirm the death penalty. The penalties of reclusion perpetua for Domingo Labutin and Santiago Raynada were affirmed. The indemnity to the heirs of Simplicio Tapulado was increased to P12,000.00.