G.R. Nos. L-48631-32 and L-48633-34, November 29, 1984
The People of the Philippines vs. Remegio Morales y de Guia, Mario Ilaw, Juanito Ilaw, and Feliciano Armedilla.

FACTS

Remegio Morales was initially charged alone with four counts of murder for the killings of Hermogenes, Graciano, Manolito, and Ricardo Cayube on December 9, 1970. During trial, Morales implicated appellants Mario Ilaw, Juanito Ilaw, and Feliciano Armedilla, leading to amended informations. The prosecution later moved to discharge Morales to become a state witness, which the trial court granted for two killings but denied for the other two. All accused were subsequently tried. The prosecution’s evidence established that the killings stemmed from the loss of a carabao entrusted to Morales by the Ilaw family. After a failed search, Mario Ilaw declared an intent to kill the Cayubes. On the night of the crime, the Ilaw brothers (armed with carbines), Armedilla, and an unarmed Morales proceeded to the victims’ houses where Mario and Juanito Ilaw shot the four victims.

ISSUE

The core issue is whether the guilt of all accused, particularly Remegio Morales, was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions with modification. The Court found the testimonial and physical evidence conclusive in establishing conspiracy among all four accused. The common intent to kill the Cayube family, arising from the lost carabao and Mario Ilaw’s prior declaration, was clear. All appellants acted in concert during the execution: traveling together at night, positioning themselves during the attacks, and successively targeting the victims in their homes. Morales’s active participation, despite being unarmed, was integral to the conspiracy; his presence provided moral support and assistance, and he never attempted to dissuade the acts or withdraw. The trial court correctly appreciated treachery (alevosia) as the victims were attacked without warning in their homes. However, the Court modified the penalty. As the crimes were committed in 1970 prior to the effectivity of the 1974 Revised Penal Code amendments, the proper penalty for murder is reclusion temporal maximum to death. With no aggravating or mitigating circumstances, the medium period of reclusion perpetua was correctly imposed. The indemnity was increased to P30,000.00 for each victim. The dissent argued Morales was a mere coerced participant, but the majority found his voluntary actions consistent with a conspirator.