G.R. No. L-40445 September 29, 1983
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DONALD MOSQUERA and DOMINGO MOSQUERA, JR., defendants-appellants.

FACTS

The accused, brothers Donald Mosquera and Domingo Mosquera, Jr., were charged with murder for the death of Ricardo Guillermo, Jr. during an Independence Day celebration in Patnongan, Antique, on June 12, 1972. The prosecution’s eyewitness, Gervacio Dubria, testified that as he approached a bakery near the dance venue, he saw the two accused holding the victim’s hands—Donald the right and Domingo the left. While thus restraining Guillermo, Donald shouted “Stab him,” whereupon an unidentified assailant stabbed the victim. Dubria recognized the accused due to light from a petromax lamp in the bakery. The victim was brought to a health center, where a police sergeant took his dying declaration, naming only “Junior Crespo” as the assailant. Later, at the provincial hospital, Assistant Provincial Fiscal Enrique Gumban took another dying declaration from the conscious victim, who then stated he was stabbed by Junior Crespo, Donald Mosquera, and “Ontoy” Mosquera.

ISSUE

The core issue is whether the accused are guilty of murder, and if so, what are their respective criminal liabilities given the evidence presented.

RULING

The Supreme Court affirmed the conviction but modified the penalty for Domingo Mosquera, Jr. The Court found the second dying declaration taken by Fiscal Gumban to be credible and admissible. The victim was conscious and aware of impending death when he identified his assailants, satisfying the requisites for a dying declaration. This declaration corroborated the eyewitness account of Gervacio Dubria, who clearly saw the accused holding the victim, facilitating the stabbing. The act of holding the victim’s hands rendered him defenseless, constituting treachery (alevosia), which qualified the killing to murder. Abuse of superior strength was absorbed in treachery, and evident premeditation was not proven. Donald Mosquera, as the one who ordered the stabbing while physically restraining the victim, was correctly convicted as a principal. Domingo Mosquera, Jr., by holding the victim’s other hand, provided indispensable cooperation, making him equally liable as a principal, not merely an accomplice. With no aggravating or mitigating circumstances, the penalty for murder is reclusion perpetua. Thus, the Court modified the trial court’s judgment by sentencing both appellants to reclusion perpetua, solidarily liable for indemnity to the heirs.