GR L 35465; (May, 1984) (Digest)
G.R. No. L-35465 May 31, 1984
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. KARUNSIANG GUIAPAR and SAPAL DADAS, defendants, KARUNSIANG GUIAPAR, defendant-appellant.
FACTS
On June 3, 1969, in Sultan Kudarat, Cotabato, policeman Demetrio Fernandez opened the municipal jail cell to let detainees, including appellant Karunsiang Guiapar and Sapal Dadas, attend to personal necessities. As they exited, Guiapar struck Fernandez on the head with a piece of wood, causing him to fall. Dadas then took Fernandez’s hunting knife and stabbed him in the abdomen. The assailants took the victim’s service revolver and wallet containing P70.00 before escaping. Fernandez died from his injuries. Co-accused Sapal Dadas later pleaded guilty and was sentenced to reclusion perpetua, subsequently testifying for the defense to exculpate Guiapar. The prosecution, however, presented an eyewitness, fellow detainee Kasan Lampak, who detailed the conspiracy and the attack.
ISSUE
Whether the guilt of appellant Karunsiang Guiapar for the crime of robbery with homicide was proven beyond reasonable doubt, and whether the qualifying and aggravating circumstances were correctly appreciated.
RULING
Yes, the Supreme Court affirmed appellant’s conviction for robbery with homicide but modified the penalty to reclusion perpetua. The Court found the prosecution evidence, particularly the credible and consistent testimony of eyewitness Kasan Lampak, sufficient to establish Guiapar’s criminal liability. His active participation in the conspiracy was proven by his act of striking the victim with a piece of wood, which he had previously concealed in the cell, thereby initiating the assault that enabled the robbery and killing.
The Court upheld the trial court’s finding that treachery qualified the homicide. The attack was sudden and unexpected, executed in a manner that ensured the accomplishment of the crime without risk to the assailants from any defense the victim could offer. The initial blow to the back of the head rendered Fernandez defenseless for the subsequent stabbing. However, the Court disagreed with the finding of abuse of superior strength, noting that superiority in number does not automatically equate to such circumstance, especially as the victim was himself armed. This factor, instead, further bolstered the presence of treachery. The Court also found evident premeditation and craft not sufficiently proven. Consequently, for lack of the necessary votes to impose the death penalty, the sentence was reduced to reclusion perpetua, and the civil indemnity was increased to P30,000.00.