G.R. No. L-73461. January 25, 1988.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AMADOR MASANGKAY alias “Ador Masangkay”, JAIME MASANGKAY and CARLITO MIRANO alias “Carling Merano”, accused-appellants.

FACTS

The accused, Amador Masangkay, his brother Jaime, and brother-in-law Carlito Mirano, were charged with the murder of Ely Verano. The prosecution evidence established that on the night of July 21, 1981, at a market site in Masbate, the victim was attacked. The victim’s son, Arthur Verano, witnessed from a short distance under a moonlit night that Amador stabbed his father while Jaime held the victim’s hands from behind and Carlito covered his mouth. After Arthur shouted, Amador told his companions to flee, after which Jaime and Carlino chased Arthur. The victim’s dying declaration to his wife, Feligonia, at the hospital identified all three accused and their specific roles in the attack. Amador claimed self-defense, alleging the victim had threatened and attacked him first at his doorstep.

ISSUE

The primary issue is whether the accused-appellants, Jaime Masangkay and Carlito Mirano, are guilty as co-conspirators in the crime of murder, and what the proper penalty should be following the 1987 Constitution ’s abolition of the death penalty.

RULING

The Supreme Court denied the motion for reconsideration seeking acquittal but amended the penalty. The Court affirmed the finding of conspiracy among all three accused. The coordinated actions of Jaime and Carlito in holding the victim and covering his mouth, which facilitated Amador’s stabbing, demonstrated a community of criminal design and constituted taking advantage of superior strength. Conspiracy having been established, the act of one is the act of all. The crime is murder qualified by treachery, as the attack was sudden and rendered the victim defenseless. The circumstance of abuse of superior strength is absorbed in treachery. With no other modifying circumstances, the prescribed penalty under Article 248 of the Revised Penal Code is reclusion temporal in its maximum period to reclusion perpetua. Due to the constitutional abolition of capital punishment, the penalty is now imposable in its medium period. Applying the Indeterminate Sentence Law, the Court modified the penalty. Each accused is sentenced to an indeterminate penalty of ten (10) years and one (1) day of prision mayor, as minimum, to eighteen (18) years, eight (8) months and one (1) day of reclusion temporal, as maximum, with joint and several civil indemnity.