G.R. No. L-24526 February 29, 1972
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO FLORES and BENJAMIN RINGOR, defendants-appellants.

FACTS

The case arose from the fatal stabbing of Rosendo Lomanog on January 16, 1960. The prosecution, through the testimonies of the victim’s brothers Raymundo and Remigio Lomanog, alleged that appellants Bonifacio Flores and Benjamin Ringor waylaid the victim and his companions as they walked home from a cockpit. They claimed Ringor held Rosendo, rendering him immobile, while Flores stabbed him. The motive was attributed to an old feud and Rosendo’s earlier refusal to give money for drinks. The defense presented a starkly different account. Flores admitted the stabbing but claimed self-defense, asserting that he and Ringor were chased by the three Lomanog brothers and Guillermo Jocson, all armed with bolos. He testified that he stabbed Rosendo only after the latter attacked him. Ringor categorically denied any participation, a claim corroborated by Flores himself.

ISSUE

The primary issues were: (1) the criminal liability of Benjamin Ringor as a co-conspirator; and (2) the correct classification of the crime committed by Bonifacio Flores—whether it constituted murder or homicide.

RULING

The Supreme Court acquitted Benjamin Ringor and convicted Bonifacio Flores of homicide, not murder. Regarding Ringor, the Court found the prosecution’s evidence insufficient to prove conspiracy beyond reasonable doubt. The testimonies of the Lomanog brothers were inconsistent on material points, such as the identities of their companions. The claim that Ringor held the victim was directly contradicted by Flores, who testified that Ringor had no part in the stabbing. Without clear and convincing evidence of a prior agreement or concerted action, Ringor’s mere presence at the scene was insufficient to establish criminal liability.
For Flores, the Court rejected the trial court’s finding of murder qualified by treachery or evident premeditation. The circumstances negated treachery: Flores made his presence known, uttered a warning, and his first blow was directed not at Rosendo but at another companion, Guillermo Jocson. This indicated the victim was not caught completely unaware or defenseless. Evident premeditation was also absent, as the sudden encounter and the numerical superiority of the victim’s group were inconsistent with a preconceived plan. The qualifying circumstance of abuse of superior strength was inapplicable, as it was not alleged in the information and Flores was alone against several armed men. Thus, the killing was homicide. The Court appreciated the mitigating circumstance of voluntary surrender. Flores was sentenced to an indeterminate penalty of 10 years and 1 day of prision mayor as minimum, to 12 years and 1 day of reclusion temporal as maximum, and ordered to indemnify the heirs.