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, causing his instantaneous death from multiple gunshot wounds. After the killing, the group returned to the corpse, where Glore removed a diamond ring and Irlandez took money from the victim’s pocket. They then further mutilated the body. The prosecution’s eyewitnesses, tenants of the victim’s family, positively identified the appellants. Glore denied involvement and claimed he later killed the real perpetrators (his cousins), while Irlandez pleaded alibi.

ISSUE

Whether the appellants are guilty of the crimes of murder and theft.

RULING

Yes, the appellants are guilty of murder and theft. The Supreme Court affirmed the conviction for murder qualified by abuse of superior force, as there were at least four assailants armed with firearms. The penalty of reclusion perpetua was upheld. For the theft of property valued at P510, the penalty was modified to an indeterminate sentence of 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 decision of the trial court was affirmed with this modification.

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