People v. Andres
REITERATIONFacts
The Antecedents: On July 31, 1992, appellants Pedrito Andres y Casugay, Benjamin Damisil, Reynaldo Damisil, Renato Damisil, Robert Tejano, Ernesto Tejano, Camilo Tejano, and Calixto Hagunos, along with Leonardo Damisil, were charged with murder and frustrated murder. The information for murder alleged that the accused, conspiring and confederating, with intent to kill, treachery, evident premeditation, and abuse of superior strength, attacked and killed William Ducusin with bladed weapons. The information for frustrated murder alleged similar circumstances in the attack on Edison Ducusin, which did not result in his death. Procedural History: The Regional Trial Court of Bauang, La Union, Branch 33, rendered a joint decision finding all nine accused guilty of murder in Criminal Case No. 1384-BG and Benjamin Damisil guilty of serious physical injuries in Criminal Case No. 1385-BG. Upon appeal, the Supreme Court modified the decision, acquitting Calixto Hagunos, Ernesto Tejano, and Camilo Tejano of murder due to reasonable doubt, while affirming the conviction of Benjamin Damisil, Reynaldo Damisil, Renato Damisil, Robert Tejano, and Pedrito Andres for murder. Benjamin Damisil's conviction in Criminal Case No. 1385-BG was upgraded to attempted homicide. The Petition: The eight appellants who appealed the RTC decision raised several assignments of error, including the presence of conspiracy and treachery, the conviction of all accused for murder, and the conviction of Benjamin Damisil for less serious physical injuries.
Issue(s)
Whether conspiracy was present in the commission of the offense of murder. Whether treachery was present in the commission of the offense. Whether all the accused were correctly convicted for murder, and the grounds for acquittal of Calixto Hagunos, Ernesto Tejano, and Camilo Tejano. Whether Benjamin Damisil was correctly convicted for less serious physical injuries, and whether this should be upgraded to attempted homicide.
Ruling
The Supreme Court modified the decision of the Regional Trial Court. Appellants Calixto Hagunos, Ernesto Tejano, and Camilo Tejano were acquitted of murder due to reasonable doubt. The conviction of appellants Benjamin Damisil, Reynaldo Damisil, Renato Damisil, Robert Tejano, and Pedrito Andres for murder was affirmed, and they were sentenced to reclusion perpetua. They were ordered to pay the legal heirs of William Ducusin P50,000 as civil indemnity, P50,000 as moral damages, P25,000 as temperate damages, and P624,000 as damages for loss of earning capacity. In Criminal Case No. 1385-BG, appellant Benjamin Damisil was found guilty of attempted homicide and sentenced to suffer the penalty of 2 months and 1 day of arresto mayor to 2 years and 4 months of prision correccional.
Ratio Decidendi
On the presence of conspiracy: The Supreme Court held that conspiracy was present. Proof of a previous agreement to commit the crime was not essential, as conspiracy could be deduced from the concerted acts of the appellants to attain a common criminal objective. The Court cited Leonardo Damisil's act of hacking William's knee before Benjamin grabbed him, which allowed others to assault the victim with impunity, as clear evidence of conspiracy. On the presence of treachery: The Supreme Court ruled that treachery could not be appreciated in this case. The victims were no longer forewarned of the attack, and the fight appeared to have initially broken out between Edison and Benjamin. The Court noted that the victim was aware of the impending attack on him. On the conviction for murder and acquittal: The Supreme Court affirmed the conviction of five appellants for murder. Their presence at the scene was not disputed, and they were positively identified by prosecution witnesses as attackers of the deceased victim. The Court gave more weight to the positive identification by prosecution witnesses than the self-serving denials of the defense. The Court also noted that Pedrito's subsequent admission of sole responsibility was an afterthought and affected his credibility. The Supreme Court acquitted Calixto Hagunos, Ernesto Tejano, and Camilo Tejano due to reasonable doubt. The Court found that the prosecution failed to discharge its burden of establishing their guilt beyond reasonable doubt. Their defense of alibi, particularly Camilo's, was found to be more credible. The Court also noted the lack of specificity in their alleged participation compared to the other appellants. On the conviction for less serious physical injuries (upgraded to attempted homicide): The Supreme Court upgraded Benjamin Damisil's criminal liability from less serious physical injuries to attempted homicide. The Court found that he commenced the commission of the crime by stabbing Edison at the back, but failed to consummate it due to Edison's alertness and timely escape. The intent to kill was apparent from the manner of the attack. The Court imposed a penalty of 2 months and 1 day of arresto mayor to 2 years and 4 months of prision correccional.
Main Doctrine
The Supreme Court affirmed the conviction of five appellants for murder, modified the conviction of one appellant for attempted homicide, and acquitted three others due to reasonable doubt. The Court also clarified the awards for damages, including civil indemnity, moral damages, temperate damages, and loss of earning capacity.