G.R. Nos. 54344-45 January 10, 1994
People of the Philippines, plaintiff-appellee, vs. Willie Amaguin, Gildo Amaguin and Celso Amaguin, accused. Willie Amaguin and Gildo Amaguin, accused-appellants.

FACTS

On the afternoon of May 24, 1977, in La Paz, Iloilo City, brothers Pacifico, Diosdado, Danilo, and Hernando Oro, along with two others, were walking after a gathering. They were waylaid by the Amaguin brothers. According to prosecution witnesses Hernando and Danilo Oro, Celso Amaguin, armed with a butcher’s knife, initiated the attack by hacking Pacifico. Gildo Amaguin, armed with a knife and a slingshot (“Indian pana”), shot Danilo with a dart and stabbed Diosdado. Willie Amaguin then appeared with a handgun and successively shot Pacifico, Diosdado, and the fleeing Danilo. Willie shot the pleading Diosdado again and also shot Pacifico anew, while Gildo and Celso repeatedly stabbed the already prostrate Pacifico. Diosdado and Pacifico died from their wounds. The defense presented a different version, claiming the Oro brothers started the fight by assaulting Celso. Gildo testified he only threw stones in defense, and Willie claimed he was drinking nearby and only arrived after the incident. They implicated a certain Ernie Ortigas as the gunman and their cousin Danny Amaguin. The trial court convicted Gildo Amaguin of two counts of Murder and sentenced him to Reclusion Perpetua for each. It found Willie Amaguin guilty as an accomplice in both counts and sentenced him to an indeterminate penalty. Both were ordered to pay indemnities. They appealed.

ISSUE

The main issues raised on appeal were: (1) whether the offense was properly categorized as murder; (2) whether Willie Amaguin was correctly identified as a participant; (3) whether conspiracy existed between Gildo and Celso Amaguin; (4) whether Gildo was armed with a knife and slingshot or only stones; and (5) whether the mitigating circumstance of voluntary surrender should be appreciated.

RULING

The Supreme Court modified the trial court’s decision. It upheld the trial court’s factual findings and credibility assessment of the prosecution witnesses, affirming the positive identification of Willie and Gildo Amaguin as perpetrators. The Court rejected Willie’s alibi and Gildo’s denial. However, it found that the qualifying circumstance of treachery was not sufficiently established because the attack arose from a sudden altercation, not a deliberate and methodical execution. Thus, the crimes were downgraded from Murder to Homicide. The Court also found no conspiracy; each accused was liable only for their individual acts. Willie Amaguin was held liable as a principal for shooting Diosdado (Crim. Case No. 8041) and as an accomplice for the death of Pacifico (Crim. Case No. 8042), as his gunshot wounds on Pacifico were not proven fatal. Gildo Amaguin was held liable as a principal for the fatal stab wounds inflicted on both victims. The mitigating circumstance of voluntary surrender was not appreciated for Willie as his surrender was not spontaneous. The Court sentenced Willie Amaguin to an indeterminate penalty for Homicide as a principal in one case and as an accomplice in the other. It sentenced Gildo Amaguin to an indeterminate penalty for two separate crimes of Homicide. Both were ordered to pay civil indemnity to the heirs of the victims.