G.R. No. L-33604 October 30, 1979
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESUS G. RUIZ and ALFREDO GUNO, accused-appellants.

FACTS

Accused-appellants Jesus G. Ruiz and Alfredo Guno were charged with Murder for the killing of Police Sergeant Alfredo Bito and with Double Frustrated Murder for the wounding of Police Lieutenant Amado Felias and Police Corporal Leonardo Galve. The incidents occurred on the evening of December 16, 1966, in Barrio Talisay, Nasipit, Agusan. The prosecution evidence established that the appellants, along with other accused, conspired and attacked the police officers who were then on official duty. The assailants, armed with high-caliber weapons and using a vehicle, ambushed the victims. Sergeant Bito died from gunshot wounds, while Lieutenant Felias survived after receiving medical attention. Corporal Galve, though targeted, was unharmed as he chased an assailant. The trial court convicted Ruiz and Guno of Murder and Frustrated Homicide, imposing the death penalty for Murder and a prison term for Frustrated Homicide.

ISSUE

The core issues on automatic review were: (1) the correctness of the conviction for Murder and Frustrated Homicide; (2) the presence of qualifying and aggravating circumstances; and (3) the propriety of the penalties imposed, including the death sentence.

RULING

The Supreme Court affirmed the convictions but modified the penalties and the characterization of the crimes. The Court upheld the finding of conspiracy based on the coordinated actions of the appellants in carrying out the armed assault. However, it ruled that the crime committed against Lieutenant Felias was Frustrated Murder, not Frustrated Homicide, because the attack was attended by treachery. The assailants, armed with superior weapons, suddenly opened fire on the unsuspecting victims, ensuring the execution of their attack without risk to themselves. This manner of execution qualified the crime as Murder under Article 248 of the Revised Penal Code, and since the victim survived due to timely medical aid, it constituted Frustrated Murder.
Regarding the killing of Sergeant Bito, the Court affirmed the conviction for Murder, also qualified by treachery. The Court, however, found that the aggravating circumstance of nighttime was not proven to have been deliberately sought to facilitate the crime. Consequently, with no aggravating or mitigating circumstances, the penalty for Murder was imposed in its medium period. Following the prevailing policy at the time and the absence of any votes for the death penalty, the Court reduced the sentence to reclusion perpetua. The indemnity to the heirs of Bito was increased to P30,000.00. The penalty for Frustrated Murder was also correspondingly adjusted. The acquittal of co-accused Melquiades Ruiz was sustained.