G.R. No. L-3647 July 26, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANASTASIO ESCARRO and WILFREDO ESCARRO, defendants-appellants.

FACTS

On the evening of September 21, 1947, in Bantayan, Cebu, after drinking tuba, Primo Tecaro went to the wharf for fresh air. Anastasio Escarro approached Primo stealthily from behind, applied an armlock, and stabbed him in the stomach with a dagger, causing a fatal wound. Primo, unable to free himself, fell and shouted for help. Anastasio then called his brother, Wilfredo Escarro, instructing him to get Primo’s revolver. Wilfredo approached, held Primo’s left arm, and tried unsuccessfully to take the revolver. Jovito Villaceran and Alfredo Baspi attempted to intervene and disarm Anastasio but were wounded and forced to flee. The accused escaped as people rushed to the scene. Primo was treated that night and gave an ante mortem statement to the Chief of Police. He was taken to the hospital the next day, where he died. Anastasio later confessed his participation to Braulio Besamparado. At trial, Wilfredo relied on an alibi, while Anastasio claimed self-defense, alleging the wound was accidentally inflicted during a struggle with Jovito Villaceran. The trial court found Anastasio guilty as principal and Wilfredo as accomplice in murder.

ISSUE

1. Whether the guilt of Anastasio Escarro and Wilfredo Escarro for the crime of murder was proven beyond reasonable doubt.
2. Whether the qualifying circumstance of treachery was present.
3. Whether the penalties imposed by the trial court were correct.

RULING

The Supreme Court affirmed the convictions but modified the penalties. The defense of alibi by Wilfredo was rejected as contradicted by the credible testimony of disinterested witness Lolita Revilla, who saw him holding Primo’s arm during the incident. Anastasio’s claim of self-defense was deemed unbelievable based on the trial judge’s observations of his unnatural and impracticable demonstration of the alleged struggle. The ante mortem declaration of Primo was valid as a dying declaration. Treachery was present because Anastasio attacked Primo stealthily from behind with an armlock, rendering Primo defenseless. The crime is murder without mitigating or aggravating circumstances. The Court modified the judgment: Anastasio Escarro is sentenced to reclusion perpetua, with accessory penalties, and to indemnify the heirs P6,000. Wilfredo Escarro, as an accomplice, is sentenced to an indeterminate penalty of six years and one day of prision mayor to twelve years and one day of reclusion temporal, with accessory penalties, and to pay the indemnity jointly and severally with Anastasio up to P2,000. Costs are divided.