G.R. No. L-9532; April 29, 1960
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NORBERTO CATAO, ET AL., defendants. FELIX NACUA, defendant-appellant.

FACTS

During the November 1949 elections in barrio Napo, Carcar, Cebu, two Nacionalista brothers, Dioscoro Nacua and Quirino Nacua, were killed. Felix Nacua (appellant), along with Norberto Catao, Adolfo Canoy, and Policarpio Tantano, was charged with the murder of Dioscoro Nacua. The trial court convicted all four, sentencing each to reclusion perpetua. Only Felix Nacua appealed.
The prosecution evidence, as accepted by the trial court, established the following: On the evening of November 7, 1949, appellant invited policemen Norberto Catao and Adolfo Canoy, and special policeman Iluminado Nacua, to his house. After supper, appellant proposed, “whoever of you could kill the two Nacua brothers (Quirino and Dioscoro), I will give you money.” Catao and Canoy agreed, while Iluminado Nacua left disgusted. Later that night, Catao, Canoy, Iluminado Nacua, and another special policeman, Dioscoro Caballes, roamed the barrio, firing shots at the houses of several Nacionalista leaders.
The next morning, election day, Catao, Canoy, and Iluminado Nacua had breakfast at appellant’s house and then went to the polling precincts. Between 10 and 11 a.m., Dioscoro Nacua, acting as a Nacionalista watcher at Precinct No. 1, objected to Canoy peeping at voters’ ballots. This provoked Canoy, who grabbed a carbine, and with Catao (armed with a .45 caliber revolver), chased Dioscoro out of the polling place and fired at him. Policarpio Tantano, armed with a Japanese rifle, joined the chase and also fired. Appellant, who was in his yard, saw Dioscoro running, fired at him with a .32 caliber revolver, hitting him in the neck. Appellant then ran to the fallen victim and hit him on the head with a piece of wood. Afterwards, appellant, Canoy, and Catao went to appellant’s house, where appellant instructed them to find and liquidate Quirino Nacua to prevent revenge. Shots were later heard, and Tantano, Canoy, and Catao returned, announcing they had disposed of the Nacua brothers.
The medical examination showed Dioscoro Nacua died from a mortal gunshot wound to the cervical region and had a scalp fracture.
Appellant denied the conspiracy and his participation. He claimed he was at home on the eve of the election conferring with a friend, did not see the alleged conspirators, and during the shooting, he ran and hid in his house out of fear. He asserted Norberto Catao was solely responsible.

ISSUE

Whether the appellant, Felix Nacua, is guilty beyond reasonable doubt of the murder of Dioscoro Nacua.

RULING

Yes, the appellant is guilty beyond reasonable doubt. The Supreme Court affirmed the trial court’s judgment.
The Court found ample proof of appellant’s complicity. The conspiracy was established by the testimony of Iluminado Nacua, who was present when appellant proposed the killing and Catao and Canoy agreed. Appellant’s active participation in the killing was corroborated by the eyewitness accounts of Arcadia Alcantara and Dioscoro Caballes, who testified that appellant shot the victim and then struck him on the head.
The Court rejected appellant’s attacks on the witnesses’ credibility. It found no compelling reason to overturn the trial court’s assessment, which found Iluminado Nacua, Arcadia Alcantara, and Dioscoro Caballes to be credible witnesses based on their clear, natural, and convincing testimony. The trial court was in the best position to judge their demeanor.
The Court also found appellant’s defenses untenable. The motive was political. The conspiracy did not require foreknowledge of the victim’s precise movements; the agreement was to kill Dioscoro at any opportunity. The fact that Policarpio Tantano was not present during the initial plotting did not negate the conspiracy, as he joined in the execution. Whether Dioscoro Caballes was officially a special policeman was immaterial to the fact of his presence and testimony.
Therefore, the appealed decision was affirmed.