G.R. No. L-6652-54; February 28, 1958 (Resolution: March 26, 1958)
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DIEGO COLMAN, ET AL., defendants-appellants.

FACTS

Diego Colman was a watchman for Buenaventura Ganzon’s ricemill in Pototan, Iloilo. Around December 1951, sensing his impending dismissal due to deteriorated relations, Diego resigned. On January 7, 1952, Ganzon employed a new watchman, Alfredo Cardinales. That evening, Diego’s son Rogelio and another man, Cornelio Parreño, separately tried to summon Cardinales from Ganzon’s house, but Ganzon prevented him from going out. Later, Ganzon saw Diego, his son Rogelio (armed with a bolo), and Domingo Mainar near his house. At about 10:15 p.m., rapid gunfire was directed at Ganzon’s house, hitting his wife and two daughters. Ganzon returned fire, killing Damaso Ferraris. He then saw Diego Colman, who was arrested by approaching policemen. Ganzon’s daughters, Elizabeth (5) and Thelma (7½), died from their wounds that afternoon.
Separately, Domingo Mainar testified that on the same evening, Diego Colman threatened to kill him for being “rebelde” and also Ganzon’s family. Mainar witnessed the Colmans and Damaso Ferraris positioning themselves near Ganzon’s house before the shooting started. Diego also fired shots at Mainar’s house, killing Mainar’s son, Antonio.
Evidence further showed that earlier that night, Diego, with the help of Francisco Pogon and Ireneo Lisondato, fetched Alfredo Pilota, who was armed. Diego, his armed sons, and Pilota proceeded to Ganzon’s house. Diego instructed them on their positions, revealing his purpose was to “kill Ganzon including the watchman and also his cats and dogs.” Shots were subsequently fired.
Four separate informations were filed: for the murder of Antonio Mainar (Case No. 3165), the murder of Thelma Ganzon (Case No. 3166), the murder of Elizabeth Ganzon (Case No. 3167), and the frustrated murder of Carolina L. Ganzon (Case No. 3168). The cases were tried jointly. Francisco Pogon was discharged to be a state witness. Alfredo Pilota changed his plea to guilty and was sentenced separately. The trial continued against Diego Colman, his sons Rogelio and Reynaldo Colman, and Ireneo Lisondato.
The trial court found Diego, Rogelio, and Reynaldo Colman guilty as principals of the murders with qualifying and aggravating circumstances (treachery, nocturnity, dwelling). Diego Colman was sentenced to death in all murder cases. Rogelio and Reynaldo Colman were sentenced to reclusion perpetua. The court acquitted Ireneo Lisondato. The cases were appealed.

ISSUE

Whether the trial court correctly convicted the appellants and imposed the penalty of death.

RULING

The Supreme Court affirmed the convictions and the imposition of the death penalty upon Diego Colman in all three murder cases (Antonio Mainar, Thelma Ganzon, Elizabeth Ganzon) and upon Rogelio Colman for the murders of the Ganzon daughters. The Court found the evidence sufficient to establish conspiracy among the appellants. The crimes were committed with treachery (attack was sudden and without warning) and aggravated by dwelling (the offenses were committed in the victims’ homes) and nocturnity (merged with treachery). Given the presence of these aggravating circumstances without any mitigating circumstance, the imposition of the death penalty was proper.
In a subsequent Resolution dated March 26, 1958, the Court amended its decision upon finding that Rogelio Colman was a minor (17 years old) at the time of the crimes. Applying Article 68 of the Revised Penal Code, the Court reduced his penalty in Criminal Cases Nos. 3166 and 3167 (for the murders of Thelma and Elizabeth Ganzon) to 12 years and 1 day of reclusion temporal for each case, instead of death. The Indeterminate Sentence Law was held inapplicable. Diego Colman’s motion for reconsideration was denied.