GR 31568; (November, 1973) (Digest)
G.R. No. L-31568 November 29, 1973
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMUALDO DORICO, FERNANDO DORICO, and DIONISIO BALLONICO, defendants-appellants.
FACTS
The defendants, Romualdo Dorico, his brother Fernando, and their cousin Dionisio Ballonico, were convicted of murder for the killing of Gervacio Dapulag. The prosecution presented eyewitness Rosa Dapulag, the victim’s daughter, who testified that on October 12, 1964, she saw Romualdo and Dionisio accost and stab her father as he walked towards a store. When her father tried to flee, he was met by Fernando who struck him, causing him to fall, after which Romualdo hacked him on the knee. The motive was attributed to the victim’s insistence on filing a criminal complaint against Romualdo for a prior killing. Another eyewitness, Alberto Uy, corroborated the attack, though with a minor variance on which assailant struck first. The autopsy confirmed multiple fatal stab wounds.
The defense presented conflicting accounts. Romualdo claimed self-defense, alleging the victim attacked him first. Fernando interposed an alibi, while Dionisio denied any participation. The trial court found them guilty of murder qualified by treachery, with the aggravating circumstance of superior strength, and imposed the death penalty on all three accused.
ISSUE
The primary issue is whether the trial court correctly convicted all three accused of murder based on a finding of conspiracy.
RULING
The Supreme Court modified the decision. It held that conspiracy was not proven beyond reasonable doubt. The prosecution evidence merely established that Romualdo and Dionisio simultaneously attacked the victim, and that Fernando later boxed him. However, mere simultaneity of action or familial relationship is insufficient to prove conspiracy, which must be established as convincingly as the crime itself. There was no evidence of a prior agreement or concerted design to kill. The meeting of Fernando with the victim appeared casual, not pre-arranged.
Consequently, only Romualdo Dorico and Dionisio Ballonico, who inflicted the fatal wounds, are guilty of murder qualified by treachery (alevosia). The attack was sudden and unexpected, depriving the victim of any chance to defend himself. With no aggravating or mitigating circumstances, the proper penalty is reclusion perpetua. Fernando Dorico, whose act of boxing the victim contributed only to slight physical injuries (lesiones leves), is guilty only of that minor offense. Given his period of preventive imprisonment, he was ordered released. The civil indemnity was sustained against Romualdo and Dionisio.