GR L 2407; (March, 1950) (Digest)
G.R. No. L-2407; March 4, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MATIAS ALUPAY, defendant-appellant.
FACTS
In November 1944, during the Japanese occupation, appellant Matias Alupay was the local chief of a guerrilla unit known as “Pilpilme” in Ilocos Norte. Using threats, he compelled Pacifico Ravina and Ricardo Aldos to join his group. He then ordered them to fetch Timoteo Balbag and his wife, Maria Felicitas Agarpao, under a false pretext. Later, at midnight in the uninhabited sitio of Mabilag-Apinas, Alupay, armed with a bolo (calasiao), suddenly and without warning attacked the elderly couple. He first struck Timoteo on the head and neck, killing him. He then hacked Maria on the neck and stabbed her in the breast, killing her. He ordered the bodies thrown into a ravine and threatened the witnesses to keep silent. The killings were motivated by Alupay’s grudge against Timoteo, who, as a village headman, was in charge of water distribution, which Alupay felt was unfair. The crime was reported only after liberation. The defense attempted to blame other individuals but failed to substantiate its claim.
ISSUE
Whether the guilt of appellant Matias Alupay for the crime of murder has been proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction but modified the penalty. The testimonies of eyewitnesses were credible and consistent, and their retrieval and identification of the victims’ bones and belongings constituted overwhelming proof. The killings were qualified by treachery (alevosia), as the attacks were sudden and without warning, ensuring the victims had no opportunity to defend themselves. The Court found the presence of two aggravating circumstances: the crime was committed in an uninhabited place, and the victims were elderly (70 and 60 years old). The alleged mitigating circumstance of lack of instruction was rejected, as Alupay was a powerful community leader. With these aggravating circumstances and no mitigating circumstances, the penalty was raised from reclusion perpetua to death. The decision was unanimous.
AI Generated by Armztrong.