G.R. No. L-38140 July 20, 1982
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABUNDIO LABINIA and MICHAEL ANDAYA, defendants-appellants.

FACTS

The accused, Abundio Labinia and Michael Andaya, were inmates at the New Bilibid Prisons serving sentences for Murder and Robbery, respectively. The victim, fellow inmate Edilberto de los Santos, had misappropriated P40.00 entrusted to him by Labinia for purchasing goods. On October 15, 1970, after learning the money was lost in gambling, Labinia confided his anger to Andaya. That afternoon, co-accused Jimmy Heights initially stabbed the victim. As the victim fled, Labinia stabbed him multiple times with an ice pick, and Andaya joined in with an improvised weapon. They pursued the victim into a kitchen and continued the attack until he died, sustaining twenty stab wounds. All three assailants surrendered and gave sworn statements admitting their roles.

ISSUE

Whether the Trial Court correctly convicted appellants of Murder, qualified by treachery, and properly imposed the death penalty.

RULING

Yes, the conviction for Murder is affirmed. The Supreme Court upheld the finding of treachery (alevosia). The attack was sudden and deliberate, executed in a manner that deprived the unarmed victim of any chance to defend himself. The initial assault by Heights ensured the victim was already wounded and fleeing, making him even more vulnerable to the subsequent concerted attack by Labinia and Andaya. The number, nature, and location of the wounds, including two fatal ones, belied the appellants’ claims of self-defense and defense of a relative. Their coordinated actions, following Labinia’s earlier expression of intent, demonstrated a unity of purpose to kill. The aggravating circumstances of evident premeditation, recidivism, and the crime being committed within the penal institution were correctly appreciated. However, for lack of the necessary votes, the death penalty was commuted to reclusion perpetua. The civil indemnity was increased to P12,000.00.