G.R. No. L-3400; July 24, 1951
The People of the Philippines, plaintiff-appellee, vs. Cipriano Camay, defendant-appellant.

FACTS

Cipriano Camay was convicted by the Court of First Instance of Cebu for the multiple murder of Rosario Suan, her son Dominador Sollano, and Zosimo Mina. The victims, along with eyewitness Natividad Noynay, had hired Camay as a helmsman for a sailboat voyage from San Isidro, Leyte, to Masbate. On August 4, 1948, at around 3:00 a.m., near Daanbantayan, Cebu, Camay and two other crew members (who remained at large) attacked the victims. Camay stabbed Zosimo Mina in the abdomen, and his companions also stabbed Mina, causing his death. Camay then stabbed Dominador Sollano in the abdomen while his companions wounded him in the forehead, after which Sollano fell into the sea. Camay stabbed Rosario Suan in the thigh, and his companions stabbed her below the nipple, causing her death. The bodies of Mina and Suan were tied together, weighted with a sack of corn, and dumped into the sea. Natividad Noynay was spared after pleading for her life. The assailants returned to San Isidro, Leyte, where Camay took the victims’ personal belongings and money. Noynay reported the crime to authorities. Camay was arrested three weeks later in Medellin, Cebu, with the victims’ belongings in his possession. At trial, Camay denied participation, claiming the other crew members committed the crimes and that he was afraid to intervene or report the incident.

ISSUE

Whether the trial court correctly convicted Cipriano Camay of multiple murder, and what is the proper penalty to be imposed considering the attendant circumstances.

RULING

The Supreme Court affirmed the conviction but modified the penalty. Camay’s guilt was established by the positive eyewitness testimony of Natividad Noynay and the fact that the victims’ belongings were found in his possession after the crime. His uncorroborated denial was not credible. The killings were attended by treachery because the three armed assailants, by concerted action, launched a surprise attack against the victims one by one at around 3:00 a.m., when the victims were unprepared for any aggression. Other circumstances like abuse of superior strength and nighttime were absorbed by treachery. Premeditation was not proven. The generic aggravating circumstance of an uninhabited place (the open sea) was present. For lack of sufficient votes to impose the death penalty, the Court modified the sentence. Camay was sentenced to reclusion perpetua for each of the three murders, to be served successively but not exceeding forty years, and to indemnify the heirs of each victim in the amount of P6,000, with costs.