GR L 48642; (June, 1987) (Digest)
G.R. No. L-48642, June 22, 1987
People of the Philippines vs. Tomas Salcedo, Roberto Esguerra, Roberto Madayao, and Alberto Leban
FACTS
The case involves a violent incident inside the New Bilibid Prison on September 24, 1975. The accused appellants—Tomas Salcedo, Roberto Esguerra, Roberto Madayao, and Alberto Leban—were convicted prisoners and members of the Sigue-Sigue Sputnik gang, confined in Brigade Dormitory No. 4-D. The victims were members of the rival Genuine Ilocano Gang (GIG), assigned as kitchen boys delivering breakfast rations. While the victims were unloading food near the dormitory, members of the Sigue-Sigue Sputnik gang, upon the command of their leader Generoso Dungca, rushed out armed with improvised weapons and attacked them. The assault resulted in the death of Cirilo Monroy from multiple stab wounds and serious injuries to five other kitchen boys, who survived due to timely medical intervention.
An information for Murder and Multiple Frustrated Murder was filed. During arraignment, Salcedo pleaded guilty, while the others pleaded not guilty; Dungca remained at large after escaping. The trial court convicted all four, imposing the death penalty for murder and a prison term for multiple frustrated murder. The case was elevated for automatic review. During pendency, appellant Roberto Esguerra died, leading to the dismissal of his criminal liability.
ISSUE
Whether the trial court erred in convicting the appellants of Murder and Multiple Frustrated Murder based on insufficient evidence.
RULING
The Supreme Court affirmed the convictions, upholding the trial court’s findings. The Court found no merit in the appellants’ claim of self-defense, which alleged that the incident began as a personal altercation between Salcedo and Monroy, escalating into a chaotic fight. The trial court correctly rejected this version, as there was no evidence the victims were armed, whereas the appellants were shown to have used prepared deadly weapons like spears and ice picks. The absence of injuries on the appellants contrasted with the fatal and serious wounds sustained by the victims further undermined the self-defense claim.
The evidence established the qualifying circumstance of treachery, as the attack was sudden and concerted, catching the unarmed victims off-guard while performing a routine task. The Court also noted the presence of evident premeditation, given the planned nature of the assault using secretly prepared weapons. While the death penalty was originally imposed, the Court, citing the 1987 Constitution’s abolition of capital punishment, commuted it to reclusion perpetua and increased the civil indemnity for Monroy’s death to P30,000. The case against the deceased Esguerra was dismissed only as to criminal liability, with civil liability to be pursued against his estate. The Court directed authorities to apprehend the escaped leader, Generoso Dungca.
