GR L 4259; (April, 1952) (Digest)
G.R. No. L-4259 April 30, 1952
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GAUDENCIO VILLAPA, JUAN PORTACIO and FAUSTINO PUNTALBA, defendants-appellants.
FACTS
On the night of December 29, 1947, in Balungao, Pangasinan, a group of armed men, including appellants Gaudencio Villapa, Juan Portacio, and Faustino Puntalba, along with Montano Villapa, Pacifico Villapa, and others, forcibly entered the house of Guillermo Calixto. They seized Federico Agonias (Guillermo’s son-in-law) from his bedroom and took him downstairs. After the intruders left with Agonias, Guillermo Calixto, who had armed himself, exchanged fire with assailants surrounding his house and was wounded. Shortly after, three successive shots were heard east of the house. The next morning, the body of Federico Agonias, with four gunshot wounds (from a .32-caliber weapon, directed from back to front), was found about 50 meters northeast of the house. Another body, that of Benjamin “Anong” Tolentino (a member of the attacking group), was found wounded near the house; before dying, he named his companions, including the appellants, and revealed their plan to abduct Guillermo’s daughter and steal money and firearms. The appellants pleaded not guilty and set up alibis, which were found improbable. The trial court convicted them of homicide, but the Court of Appeals certified the case to the Supreme Court, believing the crime to be murder.
ISSUE
Whether the appellants are guilty of murder, not merely homicide.
RULING
Yes. The Supreme Court modified the trial court’s judgment, finding the appellants guilty of murder. The crime was qualified by treachery or evident premeditation, as Agonias was taken from his house and shot from behind. The aggravating circumstance of abuse of superior strength was also present, as the appellants, armed and in a group, overpowered the victim. Nighttime was also an aggravating circumstance. However, for Faustino Puntalba and Gaudencio Villapa, there were insufficient votes for the death penalty. For Juan Portacio, the aggravating circumstance of nighttime was offset by his voluntary surrender. Consequently, the Court imposed the penalty of life imprisonment. The appellants were also ordered to indemnify the heirs of Federico Agonias jointly and severally in the sum of P6,000 and to pay the costs.