GR L 2928; (December, 1950) (Digest)
G.R. No. L-2928 December 21, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE GLORE, SANTIAGO IRLANDEZ, FELIPE SAPILAN and PORFIRIO AÑOVER, defendants. JOSE GLORE and SANTIAGO IRLANDEZ, appellants.
FACTS
Appellants Jose Glore and Santiago Irlandez, along with others, were charged with murder with robbery for the killing of Samuel Quaile. On August 18, 1947, in Leyte, Jose Glore, armed with a tommy gun, shot Samuel Quaile twice after challenging him. Glore then ordered his armed companions, including Irlandez, to fire at Quaile as he tried to escape, resulting in Quaile’s death from multiple gunshot wounds. After the killing, the group returned to the corpse, where Glore stole a diamond ring and Irlandez took money from the victim’s pocket. They also desecrated the body. The prosecution’s eyewitnesses, tenants of the victim’s family, positively identified the appellants. Glore denied involvement and claimed he killed his own cousins whom he alleged were the real perpetrators. Irlandez pleaded alibi, claiming he was in another town at the time.
ISSUE
Whether the trial court correctly convicted appellants Jose Glore and Santiago Irlandez of the crimes of murder and theft.
RULING
Yes, the conviction is affirmed with modification on the penalty for theft. The Supreme Court found the evidence of the prosecution sufficient to establish guilt beyond reasonable doubt. The killing constituted murder, qualified by abuse of superior strength (at least four assailants with firearms). Alevosia (treachery) was not independently considered as it was not clearly established or was merged with abuse of superior strength. The penalty of reclusion perpetua for murder was correct. The subsequent taking of the ring and money constituted a separate crime of theft. However, the penalty for theft was modified: for stolen property valued at P510, the indeterminate penalty should be from 6 months of arresto mayor, as minimum, to 2 years, 11 months, and 10 days of prision correccional, as maximum, in accordance with Article 309 of the Revised Penal Code. The appealed decision was affirmed with this modification.
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