G.R. No. L-32078 September 30, 1974
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BALTAZAR LACAO and DAVID LACAO, accused, BALTAZAR LACAO, accused-appellant.

FACTS

In the evening of March 27, 1969, during a wake in Mambusao, Capiz, Baltazar Lacao, the barrio captain, followed Sergio Gallardo as he was leaving. Baltazar called to Gallardo and then stabbed him with a knife. As Gallardo fled, he was further assaulted by a group including Baltazar’s brother, David Lacao, resulting in Gallardo sustaining fourteen fatal wounds. The motive stemmed from Gallardo’s opposition to Baltazar’s resolution to change the barrio’s name. Less than twelve hours later, Baltazar voluntarily surrendered to the Philippine Constabulary, executing a certification admitting he killed Gallardo due to fear of reprisal from the victim’s family.
The Provincial Fiscal filed an information for murder against the Lacao brothers, alleging evident premeditation. After trial, the lower court convicted Baltazar Lacao of murder, qualified by treachery, and sentenced him to reclusion perpetua, while acquitting David Lacao. On appeal, Baltazar argued his guilt was not proven beyond reasonable doubt and interposed a plea of self-defense, claiming Gallardo was the initial aggressor during an altercation.

ISSUE

Whether the trial court correctly convicted Baltazar Lacao of murder, and if not, what is the proper crime and penalty.

RULING

The Supreme Court modified the conviction from murder to homicide. The legal logic is that for a circumstance to qualify a killing to murder, it must be both proven and specifically alleged in the information. Here, while the trial court found treachery, it was not alleged in the information, which only alleged evident premeditation. Under prevailing jurisprudence, an unalleged qualifying circumstance cannot be used to elevate the crime. The Court found that evident premeditation was not proven, and while abuse of superiority was established, it was also not alleged and thus could only be considered as a generic aggravating circumstance, not a qualifying one. Consequently, the crime committed is homicide under Article 249 of the Revised Penal Code.
Regarding penalties, the Court found the mitigating circumstance of voluntary surrender, as Baltazar’s surrender to authorities was voluntary and spontaneous, offsetting the generic aggravating circumstance of treachery. The Court rejected the trial court’s finding of cruelty, as the evidence indicated the multiple wounds were inflicted by several persons, not solely by Baltazar, and the element of deliberate augmentation of suffering was not present. Applying the Indeterminate Sentence Law, Baltazar Lacao was sentenced to an indeterminate penalty of twelve years of prision mayor as minimum, to seventeen years of reclusion temporal medium as maximum. The civil indemnity awarded by the trial court was affirmed.