G.R. No. L-15230 and L-15979-81; July 31, 1961
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RENATO DELFIN, ET AL., defendants-appellants.

FACTS

The cases stem from a series of violent incidents in Naval, Leyte. On January 26, 1957, Renato Delfin, after being refused beer at a store, assaulted the storeowner and slapped the interceding Ang Giok Chuan (Chuana). Her brother, Francisco Ang, intervened, leading to a fight. During this scuffle, Eladio Delfin, Renato’s cousin, stabbed Francisco from behind with a dagger, inflicting a serious abdominal wound. Renato then fled to the store of Hoc Seng, his relative. Upon learning of the fistfight, Hoc Seng retrieved his licensed pistol, handed it to Renato, and told him to shoot and that he would be responsible. Renato took the gun.
Later, as the victim’s father, Ang Ban, was on his way to send an urgent telegram for his son’s medical evacuation, Renato met him. Despite Ang Ban raising his hands in surrender, Renato shot him three times at point-blank range, causing his death. Renato was subsequently charged with murder (for Ang Ban’s death), serious slander by deed (for slapping Chuana), and illegal possession of firearm. Eladio Delfin was charged with frustrated murder for stabbing Francisco Ang. The cases were jointly tried.

ISSUE

The primary issues concern the criminal liability of the appellants: (1) whether Renato Delfin is guilty of murder for killing Ang Ban; (2) whether Hoc Seng is liable as a principal by induction for the same killing; and (3) the correctness of the penalties imposed for all charges.

RULING

The Supreme Court affirmed Renato Delfin’s conviction for murder for killing Ang Ban. The killing was qualified by treachery, as the unarmed victim had his hands raised in surrender and was given no opportunity to defend himself. The Court also found Hoc Seng criminally liable as a principal by induction under Article 17 of the Revised Penal Code. His act of providing the gun and exhorting Renato to “shoot, kill anyone of them” was the direct inducement that determined the commission of the crime. However, Hoc Seng was convicted only of homicide, not murder. The inducement did not specify the manner of killing; thus, the qualifying circumstance of treachery, which was personally employed by Renato, cannot be imputed to Hoc Seng.
Regarding the other charges, the Court modified the penalties to conform to the Indeterminate Sentence Law. Renato Delfin was found guilty of serious slander by deed for slapping Chuana and illegal possession of a firearm. Eladio Delfin was correctly convicted of frustrated murder for the treacherous stabbing of Francisco Ang from behind. Renato Delfin was acquitted of frustrated murder for lack of evidence of conspiracy with Eladio in that specific act. The dispositive portion modified the penalties accordingly for each crime and appellant.