G.R. No. L-28108 March 27, 1974
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. QUIRINO RAMOLETE, ANDRES ACOSTA and FAUSTINO RABARA alias FAUS, defendants, QUIRINO RAMOLETE, defendant-appellant.

FACTS

In the evening of June 24, 1961, a gathering was held at the house of Mariano Ramolete in Barrio Paratong, Sta. Catalina, Ilocos Sur, to celebrate the birth of a grandchild. Among the guests were Severino Refuerzo and Alfredo Rayray, who were playing cards. Appellant Quirino Ramolete arrived, asked for and received candy, then left. He returned a minute later, accompanied by Andres Acosta and Faustino Rabara, all armed with guns. Quirino stood at the sole doorway, blocking it, with his armed companions behind him. He then threatened to shoot Rayray, causing a commotion as the guests tried to flee. Quirino ordered his companions to watch for those jumping out. During the chaos, Quirino shot Refuerzo as he jumped through a window and shot Mariano Ramolete on the porch. Both victims died that night. Quirino also shot and wounded Rayray downstairs.

ISSUE

The issues on appeal are: (1) whether appellant killed Mariano Ramolete and if the death penalty is warranted; (2) whether the killing of Refuerzo is homicide or murder; and (3) whether the wounding of Rayray constitutes attempted murder or merely lesiones graves.

RULING

The Supreme Court modified the trial court’s decision. For the killing of Severino Refuerzo, the Court affirmed the conviction but categorized it as homicide, not murder. The prosecution eyewitnesses established that Quirino shot Refuerzo, but the qualifying circumstances of treachery and premeditation were not proven. The attack occurred during a sudden commotion, and the victims were not given a deliberate and secure attack. The penalty is reclusion perpetua, with an indemnity of P12,000.
For the killing of Mariano Ramolete, the Court found Quirino guilty of homicide, aggravated by the circumstance of dwelling (morada). The Solicitor General’s recommendation for the death penalty was rejected as the evidence did not justify a murder classification. The Court imposed an indeterminate penalty of twelve years of prision mayor to eighteen years of reclusion temporal, plus an indemnity of P12,000.
Regarding Alfredo Rayray, the Court held the act constituted attempted homicide, not lesiones graves or attempted murder. Quirino intended to kill Rayray, as shown by his prior threat, but failed to perform all acts of execution since the wounds were not mortal. No qualifying circumstance attended the act. The penalty is an indeterminate sentence of six months of arresto mayor to three years of prision correccional, with indemnity for medical expenses and lost income. The total sentences shall be served subject to the maximum duration under Article 70 of the Revised Penal Code.