G.R. No. L-32461 December 15, 1982
The People of the Philippines, plaintiff-appellee, vs. Feliciano Alfaro, Isidro Alfaro, and Ricardo Zoilo, accused-appellants.
FACTS
The accused Feliciano Alfaro, Isidro Alfaro, and Ricardo Zoilo were charged with the murder of Mabini Amores. The prosecution evidence established that on the evening of November 25, 1968, in Barrio Mongpong, Roxas City, Feliciano Alfaro called the victim down from his house. When Mabini Amores approached, Feliciano declared, “This is our time.” Isidro Alfaro then emerged from under the house and struck Mabini on the head from behind with a pestle, causing him to fall. Feliciano proceeded to stab the fallen victim three times in the abdomen. Ricardo Zoilo arrived thereafter and also stabbed Mabini. The victim’s wife, Salvacion Amores, attempted to shield her husband but was also struck by Isidro. The medical examination revealed multiple fatal wounds, including skull fractures and several deep stab wounds.
The accused Feliciano and Isidro Alfaro admitted to the killing but claimed self-defense. They testified that an altercation occurred the previous day and that on the night in question, Mabini Amores allegedly attacked them first with a knife. Ricardo Zoilo claimed he merely happened upon the scene and stabbed the victim only after being ordered to do so by Feliciano. The trial court rejected these defenses, convicting Feliciano and Isidro Alfaro of murder and Ricardo Zoilo of homicide.
ISSUE
The primary issue is whether the trial court correctly appreciated the qualifying and aggravating circumstances and imposed the proper penalties on the accused.
RULING
The Supreme Court affirmed the findings of guilt but modified the penalty for Feliciano Alfaro. The Court upheld the presence of treachery (alevosia). The attack was sudden and from behind, with Isidro striking the unsuspecting victim on the head with a pestle. This manner of attack ensured the execution of the crime without risk to the assailants. Treachery qualified the killing to murder for Feliciano and Isidro Alfaro.
Regarding Ricardo Zoilo, the Court agreed with his conviction for homicide only. His participation was not shown to be preconceived; he arrived after the initial attack and acted on the impulse of the moment, without clear evidence of conspiracy with the Alfaro brothers in the treacherous plan.
For penalties, the Court ruled that the generic aggravating circumstance of abuse of superior strength, appreciated by the trial court against Feliciano Alfaro, is absorbed in treachery and cannot be separately considered. Feliciano Alfaro was entitled to the mitigating circumstance of voluntary surrender. With one mitigating circumstance and no aggravating circumstance to offset it, the penalty for murder was reduced from reclusion perpetua to reclusion temporal in its maximum period (17 years, 4 months, 1 day to 20 years). The penalty of reclusion perpetua for Isidro Alfaro, who did not surrender, and the penalty for Ricardo Zoilo were affirmed. The indemnity to the heirs was likewise sustained.
