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; Iluminado Nacua left disgusted. Later that night, Catao, Canoy, Iluminado Nacua, and another special policeman, Dioscoro Caballes, fired 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 barrio school building housing polling precincts. Between 10 and 11 a.m., Dioscoro Nacua arrived at Precinct No. 1 as a Nacionalista watcher. He objected to Canoy peeping at voters’ ballots, provoking Canoy. Canoy grabbed a carbine, and with Catao (armed with a .45 caliber revolver), chased Dioscoro Nacua out of the polling place and fired at him. Policarpio Tantano, armed with a Japanese rifle, joined the chase. Appellant, who was in his yard, saw Dioscoro Nacua 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, at appellant’s house, he told Canoy and Catao to also 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, heard shots on election day, saw the chase, and hid in fear. He asserted Norberto Catao was solely responsible and that the prosecution witnesses (Iluminado Nacua, Arcadia Alcantara, and Dioscoro Caballes) lied due to ulterior motives.

ISSUE

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

RULING

Yes, the Supreme Court affirmed the conviction. The Court found appellant guilty beyond reasonable doubt based on credible prosecution evidence establishing both conspiracy and direct participation.
The trial court found the testimonies of Iluminado Nacua, Arcadia Alcantara, and Dioscoro Caballes credible. Iluminado Nacua was present when appellant proposed the killing and Catao and Canoy agreed, establishing the conspiracy. Arcadia Alcantara and Dioscoro Caballes were eyewitnesses to appellant’s active participation: firing the shot that hit Dioscoro Nacua in the neck and then striking the fallen victim on the head with a piece of wood. The Court deferred to the trial court’s assessment of witness credibility, finding no imperative reason to reverse it.
Appellant’s defenses were rejected. His claim that the witnesses were motivated by resentment (e.g., Iluminado Nacua’s dismissal from employment) was unconvincing. The Court found the conspiracy plausible, motivated by politics, with appellant simply wanting the brothers killed 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. Appellant’s denial and alibi could not overcome the positive identification and testimony of credible witnesses.
Therefore, the appealed decision convicting Felix Nacua of murder and sentencing him to reclusion perpetua was affirmed.