SYNOPSIS AmpieTaraya, ArlyCantuba and Jonar Estrada are relatives. They ere !onvi!

ted by the "e#ional Trial Court, $ran!h %%, o& Siniloan, 'a#una o& the !rime o& murder and ere senten!ed to su&&er the penalty o& re!lusion perpetua. The trial !ourt relied heavily on the testimonies o& (ariano Adillo and )avid An#eles, Jr. (ariano Adillo testi&ied that he is the !o* or+er o& the vi!tim Salvador "eyes. At about ,-.-- p.m. o& /0 September ,112, he, Salvador and three other !ompanions ere in a beer house in 3amy, 'a#una. Salvador dran+ his beer outside the pub and as in a !onversation ith a #irl. 'ater, Salvador as approa!hed and surrounded by a!!used AmpieTaraya, ArlyCantuba and Jonar Estrada. (ariano hollered at them and the three a!!used immediately le&t. 4al& an hour later, (ariano ent outside, but Salvador as no here in si#ht. The &ollo in# day, he learned o& Salvador5s death. To !orroborate said testimony, )avid An#eles, Jr. testi&ied that the three a!!used ere his nei#hbors. 'ate evenin# o& /0 September ,112, he ent out o& the house to relieve himsel& as he as su&&erin# &rom ba!+ pain. On the street, he sa Ampie brandishin# a one*&oot lon# bolo. $ehind Ampie ere Arly and Jonar. Ampie approa!hed a man ho seemed to be urinatin#, then held up the head o& the man and slashed his ne!+, hile Arly and Jonar stood nearby ready to assist. Therea&ter Ampie, Arly and Jonar ran to their respe!tive homes. 'ater, he learned that the vi!tim as Salvador "eyes. Contrarily, Ampie !laimed that he a!ted in sel&*de&ense hile Arty and Jonar interposed alibi as their de&ense. )e&ense itness )omin#o )e!ena testi&ied that hile he as al+in# on the road, he sa Salvador "eyes ho as also al+in# and holdin# an iron pipe about one and a hal& &eet lon#. 6hen he !ame &a!e to &a!e ith Ampie, he tried to hit Ampie ith the pipe, but Ampie as able to avoid. Ampie retaliated by ha!+in# Salvador ith a bolo. Salvador ran a ay and he as &ollo ed behind by Ampie. 3ri#htened ith hat he sa , )omin#o rushed ba!+ to his house. The Court ruled that the prose!ution5s eviden!e &ailed to !onvin!e it o& its su&&i!ien!y to prove ith moral !ertainty that there as !onspira!y amon# a!!used*appellants to +ill Salvador so as to hold Arly and Jonar e7ually liable as Ampie &or the death o& Salvador. The testimony o& )avid An#eles, Jr. is not persuasive as to their parti!ipation in the !rime. Arly and Jonar ere both unarmed and they remained behind Ampie. The only overt a!t attributed to them as that they appeared ready to assist. There as no !ertainty as to their a!tion to sho a deliberate and !on!erted !ooperation on their part as to li+e ise render them liable &or the +illin# o& Salvador. Then, too, )avid !ould not be an absolutely impartial itness. 4e had an a8e to #rind a#ainst Jonar ho, only a &e days earlier, or spe!i&i!ally on ,% September ,112, had a &i#ht ith )anilo An#eles, a brother o& )avid. The latter as present durin# that in!ident. It &ollo s then that no !redible third party itnessed ho Ampie atta!+ed and slashed Salvador5s ne!+ ith a bolo. There bein# no positive and dire!t eviden!e to sho that the atta!+ as sudden and une8pe!ted, trea!hery as a !ir!umstan!e to 7uali&y the +illin# to murder !annot be appre!iated a#ainst Ampie. Ampie then !ould only be liable &or homi!ide. AmpieTaraya as &ound #uilty o& homi!ide only and senten!ed to an indeterminate prison term. ArlyCantuba and Jonar Estrada ere a!7uitted on #round o& reasonable doubt. SY''A$9S ,. C"I(INA' 'A6: CONSPI"ACY: CAN $E IN3E""E) 3"O( T4E ACTS O3 A'' ACC9SE) 64IC4 )ENOTE A JOINT P9"POSE AN) )ESI;N. < A !onspira!y e8ists hen t o or more persons !ome to an a#reement !on!ernin# the !ommission o& a !rime and de!ide to !ommit it. It does not re7uire that su!h a#reement o!!urred &or an appre!iable period prior to the !ommission o& the !rime: it is su&&i!ient that at the time o& the e8e!ution thereo&, all a!!used had the same purpose and ere united therein. Conspira!y may be dedu!ed &rom the mode and manner in hi!h the !rime as !ommitted, or in&erred &rom the a!ts o& all a!!used hi!h denote a =oint purpose and desi#n, !on!erted a!tion and !ommunity o& interest. In establishin# !onspira!y

2. PEOPLE V TARAYA dire!t proo& o& a previous a#reement is unne!essary. And, a!t o& all. )CTSEA hen it is proven, the a!t o& one is the

/. I).: I).: NOT ESTA$'IS4E) IN CASE AT $A". < Our meti!ulous evaluation o& the prose!ution5s eviden!e &ails to !onvin!e us o& its su&&i!ien!y to prove ith moral !ertainty that there as !onspira!y amon# a!!used*appellants to +ill Salvador so as to hold A"'Y and JONA" e7ually liable as A(PIE &or the death o& Salvador. There is at all no intimation that there as bad blood bet een Salvador and A(PIE or A"'Y or JONA" be&ore the beerhouse in!ident. The a!!used*appellants may have !ome to the beerhouse to en=oy to#ether but not totoo+ &or Salvador. Neither is there eviden!e that the #irl ith hom Salvador as !onversin# as A(PIE5s #irl&riend or as bein# !ourted by him and he &elt =ealous hen he sa Salvador !onversin# ith her. The testimony o& )avid An#eles, Jr. is not persuasive as to their parti!ipation in the !rime. A"'Y and JONA" ere both unarmed and they remained behind A(PIE. The only overt a!t attributed to them as that they appeared ready to assist. There as no !ertainty as to their a!tion to sho a deliberate and !on!erted !ooperation on their part as to li+e ise render them liable &or the +illin# o& Salvador. %. I).: >9A'I3YIN; CI"C9(STANCES: T"EAC4E"Y: E'E(ENTS. < There is trea!hery hen the o&&ender !ommits any o& the !rimes a#ainst the person, employin# means, methods or &orms in the e8e!ution thereo& hi!h tend dire!tly and spe!ially to insure its e8e!ution, ithout ris+ to himsel& arisin# &rom the de&ense hi!h the o&&ended party mi#ht ma+e. Trea!hery as a 7uali&yin# !ir!umstan!e re7uires that the o&&ender deliberately employs means o& e8e!ution hi!h deprives the person atta!+ed no opportunity to de&end or retaliate. It must be proved by !lear and !onvin!in# eviden!e or as !on!lusively as the +illin# itsel&. The parti!ulars as to ho the a##ression as made, or ho the a!t hi!h resulted in the death o& the vi!tim be#an and developed must be established. 0. I).: I).: I).: NOT APP"ECIATE) )9E TO A$SENCE O3 )I"ECT E?I)ENCE T4AT ATTAC@ ON ?ICTI( 6AS S9))EN AN) 9NEAPECTE). < 6e even have doubts on the testimony o& )avid An#eles, Jr. I& indeed Salvador as in the a!t o& urinatin# hen A(PIE suddenly !ame up &rom behind him, held the head and slashed the ne!+ o& Salvador, then there must have been no prior physi!al !on&rontation bet een the t o. Yet, the post*mortem report BE8h. CACD o& )r. Jamolin re!ords that the latter &ound the &ollo in# in=uries on the body o& Salvador. ,. Abrasions, !ir!ular, , in!h, ri#ht temporal area. /. Abrasions, !ir!ular, , in!h, lateral portion, in&ra* o!ular area, ri#ht eye. These in=uries prove that Salvador and A(PIE must have had a &i#ht. The in!ident at the beerhouse !ould be the pro8imate !ause thereo&. Then, too, )avid !ould not be an absolutely impartial itness. 4e had an a8e to #rind a#ainst JONA" ho, only a &e days earlier, or spe!i&i!ally on ,% September ,112, had a &i#ht ith )anilo An#eles, a brother o& )avid. The latter as present durin# that in!ident. It &ollo s then that no !redible third party itnessed ho A(PIE atta!+ed and slashed Salvador5s ne!+ ith a bolo. There bein# no positive and dire!t eviden!e to sho that the atta!+ as sudden and une8pe!ted, trea!hery as a !ir!umstan!e to 7uali&y the +illin# to murder !annot be appre!iated a#ainst A(PIE. 2. I)., (ITI;ATIN; CI"C9(STANCES: ?O'9NTA"Y S9""EN)E": "E>9ISITES. < The &ollo in# are the re7uisites o& voluntary surrender. B,D the o&&ender had not been a!tually arrested: B/D the o&&ender surrendered himsel& to a person in authority or to the latter5s a#ent: B%D the surrender as voluntary: and B0D there is no pendin# arrant o& arrest or in&ormation &iled. 3or a surrender to be voluntary, it must be spontaneous and must also sho the intent o& the a!!used to

submit himsel& un!onditionally to the authorities, either be!ause he a!+no led#es his #uilt or he ishes to save them the trouble and e8pense in!idental to his sear!h and !apture. E. I).: I).: I).: I).: NOT APP"ECIATE) 64E"E AT T4E TI(E O3 S9""EN)E", 4E 4A) A PEN)IN; 6A""ANT O3 A""EST. < It !annot be denied that hen A(PIE learned that the poli!e authorities ere loo+in# &or him in !onne!tion ith the death o& Salvador "eyes, he immediately ent to the poli!e station on 1 O!tober ,112. It as there here he !on&essed to +illin# Salvador in sel&*de&ense. This is bolstered by the testimony o& the investi#atin# o&&i!er SPO/ Emmanuel (artineF, ho even entered in the poli!e blotter that A(PIE voluntarily surrendered to the poli!e. 4o ever, the said surrender does not !onstitute one hi!h ould !lassi&y as a miti#atin# !ir!umstan!e. It must be emphasiFed that at the time o& his surrender, A(PIE already had a pendin# arrant o& arrest hi!h as issued on 0 O!tober ,112, or &ive days be&ore his surrender. 4is arrest by that time as imminent. 6e !annot then appre!iate in &avor o& A(PIE the miti#atin# !ir!umstan!e o& voluntary surrender. 4CT)IS G. I).: 4O(ICI)E: I(POSA$'E PENA'TY. < The penalty &or homi!ide under Arti!le /01 o& the "evised Penal Code is re!lusion temporal. A(PIE, ho ever, is entitled to the bene&its o& the Indeterminate Senten!e 'a . 4e !an then be senten!ed to an indeterminate penalty hose minimum shall be ithin the ran#e o& the penalty ne8t lo er in de#ree, hi!h is prision mayor, and hose ma8imum shall be that pres!ribed by la ta+in# into a!!ount the modi&yin# !ir!umstan!es. Sin!e no modi&yin# !ir!umstan!es has been proven in this !ase, the ma8imum o& the penalty shall be the medium period o& re!lusion temporal. Thus, A(PIE !an be senten!ed to an indeterminate imprisonment penalty ran#in# &rom ten B,-D years o& prision mayor medium as minimum to seventeen B,GD years and &our B0D months o& re!lusion temporal medium as ma8imum.

3I"ST )I?ISION [G.R. No. 135551. October 27, 2000] PEOPLE OF THE PHILIPPINE , plaintiff-appellee, vs. A!PIE TARAYA " #ANT$%A & '%o"et,( ARLY #ANT$%A " )AIGO & '%e*et( +,- .ONAR E TRA)A " #ANT$%A, accused-appellants. )E#I ION

)AVI)E, .R., C.J./ A!!used*appellants appeal &rom the de!isionH,I in Criminal Case No. S*,J1J o& the "e#ional Trial Court, $ran!h %% o& Siniloan, 'a#una, hi!h &ound them #uilty beyond reasonable doubt o& the !rime o& murder and senten!ed ea!h o& them to su&&er the penalty o& re!lusion perpetuaand pay P2-,--- to the heirs o& the vi!tim, as ell as the !osts. A!!used*appellants are relatives. Ampie Taraya Bherea&ter A(PIED and Jonar Estrada Bherea&ter JONA"D are !ousins and the nephe o& Arly Cantuba Bherea&ter A"'YD. A"'Y is the brother o& the respe!tive mothers o& A(PIE and JONA". The a!!usatory portion o& the in&ormationH/I hi!h !har#ed them ith murder reads as &ollo s.

That on or about ,,./- oK!lo!+ Hsi!I in the evenin# o& September /0, ,112 at Sitio $a#on# Silan#, $aran#ay $atuhan, (uni!ipality o& 3amy, Provin!e o& 'a#una and ithin the =urisdi!tion o& this 4onorable Court, the above*named a!!used hile !onveniently armed ith deadly eapon

Bita+anD, ith intent to +ill, ith evident premeditation and trea!hery and ith abuse o& superior stren#th !onspirin#, !on&ederatin# and mutually helpin# one another did then and there il&ully, unla &ully and &eloniously atta!+, assault, ha!+ and slash the throat o& one Salvador "eyes by H sicI the said eapon thereby in&li!tin# upon him ha!+in#Lslashin# ound anterior ne!+, pro8imal end and dire!tin# ba!+ ard and superiorly at the base o& the mandible !uttin# hal& the !ir!um&eren!e o& the ne!+ !uttin# the tra!hea, esopha#us, ne!+ vessels in!ludin# =u#ular veins and !aroted arteries on both sides sparin# the !ervi!al vertebrae and !ord hi!h dire!tly !aused his death to the dama#e and pre=udi!e o& the survivin# heirs o& the vi!tim. That the 7uali&yin# and a##ravatin# !ir!umstan!es o& trea!hery, abuse o& superior stren#th and evident premeditation attended the !ommission o& the !rime. CONT"A"Y TO 'A6. A!!used*appellants pleaded not #uilty upon arrai#nment. Trial on the merits ensued. The prose!ution presented (ariano Adillo, )avid An#eles, Jr., ;re#orio "eyes and )r. ;loria Jamolin. The eviden!e &or the prose!ution established the &ollo in# &a!ts. (ariano Adillo a !o* or+er o& the vi!tim Salvador "eyes in a sash &a!tory, testi&ied that he had +no n Salvador &or t o months. At about ,-.-- p.m. o& /0 September ,112, he, Salvador and three other !ompanions ere in a beer house in 3amy, 'a#una. Salvador dran+ his beer outside the pub and as in a !onversation ith a #irl. $oth ere ithin the vie o& (ariano. 'ater, Salvador as approa!hed and surrounded by three men, one o& them &a!ed him hile the t o others positioned themselves behind him. (ariano hollered at the men, ho immediately le&t. 4al& an hour later (ariano ent out, but Salvador as no here in si#ht. At about ,,.-- p.m., (ariano and a boy sear!hed &or him up to a billiard hall hi!h as about /-- meters a ay. They returned to the beer house and he instru!ted the boy to hail a tri!y!le &or his ride home. 6hen no tri!y!le !ould be &ound he and a !ompanion al+ed home. H%I The &ollo in# day he learned o& SalvadorKs death.H0I 6hen as+ed in open !ourt i& he !ould identi&y the three persons (ariano pointed to A(PIE, JONA" and A"'Y. ho approa!hed Salvador,

)avid An#eles, Jr. testi&ied that a!!used*appellants ere his nei#hbors in 3amy, 'a#una. A"'Y, ith hom A(PIE lived, as an ad=a!ent nei#hbor, hile JONA" lived some thirty &eet a ay &rom his house. 4e had +no n JONA" &or some ten years, A"'Y &or about &ive years and A(PIE &or three years. 4e never had any misunderstandin# ith anyone o& them.H2I A!!ordin# to )avid, in the late evenin# o& /0 September ,112, he as at home and !ould hardly sleep as he as su&&erin# &rom a ba!+a!he.4e ent out o& the house to relieve himsel&. On the street he sa A(PIE brandishin# a one*&oot lon# bolo. $ehind A(PIE ere A"'Y and JONA". They ere about &ive meters a ay &rom here )avid stood. A(PIE approa!hed a man ho seemed to be urinatin#. A(PIE then held up the head o& the man and slashed his ne!+ on!e hile his !ompanions A"'Y and JONA" stood nearby ready to assist A(PIE. The vi!tim as able to &ree himsel& and ran to ards )avid until he dropped a &e meters &rom the house. Immediately A(PIE, A"'Y and JONA" ran to their respe!tive homes. )avid later learned that the vi!tim as Salvador "eyes.HEI )avid as !ertain o& hom he sa be!ause the pla!e as illuminated. 4e ent ba!+ to the house and ten minutes later he sa people lur+in# outside ith &lashli#hts. 4e ent out hen he heard somebody as+ hy there ere bloodstains around. 4e +ept 7uiet as he as relu!tant to divul#e

hat he sa , and he &eared the !onse7uen!es should he be involved. A &e days passed and sin!e his !ons!ien!e still bothered him, he de!ided to reveal hat he had itnessed. 4e #ave a s orn statementHGI to the poli!e. A!!ordin# to ;re#orio "eyes, his son Salvador "eyes died on /0 September ,112. At the time o& his death Salvador as thirty*nine years old, separated &rom his i&e and as earnin# an avera#e o& P/-- a day. Salvador had !on&ided to him that he had an alter!ation ith A"'Y. 4e mentioned this &a!t in his s orn statement.HJI The &uneral e8penses he in!urred amounted to P,J,---: ho ever, he !ould not produ!e any re!eipt be!ause some o& the e8penses ere paid by his &riends.H1I )r. ;loria Jamolin per&ormed an autopsy on Salvador "eyes. She noted the presen!e o& abrasions in the ri#ht temporal area and belo the eyes and a ha!+ ound at the ne!+ hi!h !ould have been !aused by a sharp instrument su!h as a bolo. Jud#in# &rom the nature and the lo!ation o& the ound, the assailant as in &ront o& the vi!tim durin# the atta!+. The !ause o& death as !ardio* respiratory arrest se!ondary to sho!+ and hemorrha#e due to the ha!+ ound penetratin# the esopha#us.H,-I She prepared a post mortem report.H,,I The de&ense had another version o& the in!ident. The itnesses it presented )omin#o )e!ena, SPO/ Emmanuel (artineF, A"'Y, JONA" and A(PIE. ere Armando $ilara,

Armando $ilara, a baran#ay tanod, !laimed that he has +no n all a!!used*appellants &or about three years. On ,% September ,112 he as on his ay home &or lun!h hen a !ommotion too+ pla!e near his house. JONA" had a &ist&i#ht ith )anilo An#eles, brother o& prose!ution itness )avid An#eles, Jr. )anilo as atop o& and #ivin# blo s to JONA". Armando intervened and pa!i&ied both o& them. 4e had no idea hat !aused the s!u&&le. )avid as amon# the spe!tators o& the &i#ht but he did not inter&ere.H,/I )omin#o )e!ena as at home and at!hin# a television sho on the ni#ht o& /0 September ,112 and until /.-- a.m. o& the &ollo in# day.Therea&ter, he le&t the house to #o to his brotherKs pla!e to sleep. 6hile he as al+in# alon# the street, he sa another person ho as also al+in# and holdin# an iron pipe about one and a hal& &eet lon#. 4e later learned that the man as Salvador "eyes. 4e also sa A(PIE. 6hen A(PIE !ame &a!e to &a!e ith Salvador, the latter tried to hit A(PIE on!e ith the pipe, but A(PIE as able to du!+ and avoid bein# hit by the pipe. A(PIE retaliated by ha!+in# Salvador ith a bolo. Salvador ran a ay, &ollo ed behind by A(PIE. 3ri#htened ith hat he sa , )omin#o rushed ba!+ to his house. T enty*&ive minutes later he sa a !ommotion outside and learned that Salvador as &ound dead t enty meters a ay &rom A(PIEKs house.H,%I On !ross*e8amination )omin#o admitted that he did not tell anyone in the house o& hat he had =ust itnessed. Neither did he in&orm the poli!e be!ause o& &ear. 4e also denied seein# )avid An#eles, Jr. that ni#ht. 4e as unable to reveal hat he sa &or one and a hal& years be!ause he as busy ith or+ and he had =ust learned that A(PIE as lan#uishin# in =ail. It as A(PIEKs i&e ho re7uested him to testi&y.H,0I SPO/ Emmanuel (artineF as amon# the poli!emen ho arrived at the s!ene o& the !rime. The body o& Salvador "eyes as &ound some ten yards &rom the house o& )avid An#eles, Jr. A!!used* appellants ere impli!ated by an eye itness to the death o& Salvador. A"'Y and JONA" ere immediately in!ar!erated hile A(PIE, a!!ompanied by his sister, surrendered at the poli!e station on 1 O!tober ,11G. 4e re!orded in the poli!e blotter the date and time o& A(PIEKs surrender. A(PIE admitted that he +illed Salvador, but alle#ed that he did so in sel&*

de&ense. (artineF then dis!ontinued the investi#ation and advised A(PIE to avail o& the servi!es o& a la yer &rom the Publi! AttorneyKs O&&i!e.H,2I A"'Y raised the de&ense o& alibi. A!!ordin# to him, on /0 September ,112, he as at his pla!e o& or+, a !oprasan. 4e stayed there until J.-- p.m. and he immediately pro!eeded home. 4e slept an hour later. At around ,.-- a.m. o& the &ollo in# day he as a a+ened by his i&e, in&ormin# him that there ere several people millin# outside. 4e ent out and he sa the dead body o& Salvador "eyes, hom he +ne by &a!e.4e returned home to sleep. 4e had not #one out o& his house bet een the hours he slept and o+e up. In the mornin# o& /2 September ,112, the poli!e !ame to 7uestion him. 4e as allo ed to #o home a&ter the investi#ation.H,EI A"'Y surmised that )avid An#eles, Jr. lin+ed him to the !rime be!ause o& the s7uabble he had ith him on ,% September ,112, hen his nephe JONA" as mauled by )avid and $obby An#eles. 4e e8plained that Armando $ilara arrived late durin# the en!ounter, &or hi!h reason Armando &ailed to see that )avid as a!tually in=ured by JONA". A"'Y &urther de!lared that he did not #o to the beer house at any time on /0 September ,112.H,GI JONA" also o&&ered the de&ense o& alibi. 4e had +no n Salvador "eyes &or about &i&teen years and durin# that period he never had any misunderstandin# ith Salvador. 4e as at home in the evenin# o& /0 September ,112. 4e slept at J.-- p.m. and o+e up at 2.-- a.m. the &ollo in# day. 4e learned that Salvador as +illed that mornin# and the poli!e !ame to arrest him t o ee+s a&ter. 4e had no involvement in SalvadorKs death, sin!e he as asleep the hole ni#ht. 4e as not in the beer house as alle#ed by (ariano Adillo. 4e asserted that )avid An#eles, Jr. impli!ated him in the murder o& Salvador be!ause )avid is the brother o& )anilo An#eles and he had a misunderstandin# ith )aniloKs i&e. The in!ident happened on ,% September ,112, hen )anilo pun!hed him and )avid =oined in the &ra!as.H,JI A(PIE !laimed sel&*de&ense. A!!ordin# to him in the early evenin# o& /0 September ,112 he as in a beer house. Then he pro!eeded to the nearby house o& his &riend $ebet, and stayed at the bal!ony. 4e as =ust a meter a ay &rom the beer house hen 'orna, a aitress &rom the beer house, approa!hed him and tal+ed ith him. )urin# their !onversation he noti!ed a man and his !ompanions enter the beer house. 'ater the man approa!hed him and $ebet. The man as+ed him hat he as doin#, and he replied that he as =ust listenin# to the musi!. The man also as+ed him i& he had a relationship ith 'orna and he ans ered Mnot yet.N Not satis&ied ith his response, the man pun!hed him and 'orna parted them a ay. The man le&t a&ter arnin# him to ait as they ould settle the matter. 'orna e8plained that the man as a &ormer boy&riend. A&ter the threat he ent home to JONA"Ks house to sleep.H,1I 4o ever, A(PIE a o+e at midni#ht and ent outside the house to ans er the !all o& nature. 4e armed himsel& ith a bolo as he as suspi!ious and &ri#ht&ul that ni#ht. 4e then sa a man opposite the house o& his nei#hbor )omen#, and the man, ho as Salvador "eyes, attempted to hit him t i!e ith an iron pipe. 4e as able to avoid the &irst blo but the se!ond blo hit him. In retaliation A(PIE s un# his bolo, dropped it and immediately ent ba!+ to the house. The &ollo in# mornin# he heard o& the death o& Salvador. 4e did not tell anyone o& hat transpired that ni#ht. Instead, he reported to or+ at the !oprasan in Sta. (aria, 'a#una and stayed there &or three days. On the third day, he as &et!hed by his employer to buy du!+ e##s in Pateros. 4e as able to return brie&ly to 3amy, 'a#una, on / O!tober but that same a&ternoon he le&t &or Pasi# City.
H/-I

On J O!tober A(PIE as+ed &rom his employer permission to leave &or Pa#san=an, 'a#una. In Pa#san=an he as in&ormed by his sister that the poli!e as loo+in# &or him in !onne!tion ith the

death o& Salvador "eyes. Thus, the &ollo in# day he and his sister ent to the poli!e station, here he identi&ied himsel&. 4e learned that his un!le A"'Y and !ousin JONA" ere both in =ail as they too ere impli!ated in the death o& Salvador. A(PIE denied the parti!ipation o& A"'Y and JONA", and insisted that it as only he and Salvador ho had an alter!ation. A(PIE as therea&ter detained at the poli!e station. 4e re7uested that he be allo ed to !onta!t his employer and !onsult ith the la yer provided by the latter.H/,I On !ross*e8amination A(PIE !laimed that he s un# his bolo to parry the se!ond attempt o& Salvador to hit him ith the pipe. 4e as una are that he a!tually hit Salvador hi!h result in the death o& the latter.H//I The trial !ourt limited itsel& to the resolution o& the &ollo in# issues. B,D hether A(PIE a!ted in sel&*de&ense, B/D hether A"'Y and JONA" parti!ipated in the +illin# o& Salvador "eyes, and B%D hether A(PIE voluntarily surrendered to the poli!e. In its de!isionH/%I o& E 3ebruary ,11J, the trial !ourt !onvi!ted a!!used*appellants and de!reed, thus. 64E"E3O"E, premises !onsidered, =ud#ment is hereby rendered &indin# all the a!!used A(PIE TA"AYA y CANT9$A, A"'Y CANT9$A y )AI;O and JONA" EST"A)A y CANT9$A, #uilty beyond reasonable doubt &or the !rime o& M(9")E"N, 7uali&ied by trea!hery, absent o& any other miti#atin# or a##ravatin# !ir!umstan!es, hereby senten!es them to "e!lusion Perpetua. To pay the heirs o& the vi!tim &or his death the amount o& P2-,---.-- and to pay the !ost. A!!used Ampie Taraya y Cantuba, Arly Cantuba y )ai#o and Jonar Estrada y Cantuba bein# detention prisoners, it is hereby ordered that they be !redited ith the &ull Hlen#thI o& their preventive imprisonment i& they a#ree voluntarily in ritin# to abide by the same dis!iplinary rules imposed upon !onvi!ted prisoner, other ise, they shall be !redited ith 0L2 o& the period they had under#one preventive imprisonment, in a!!ordan!e ith Art. /1 o& the "evised Penal Code, as amended. The trial !ourt #ave !reden!e to the itnesses o& the prose!ution, parti!ularly to its eye itness ho positively identi&ied a!!used*appellants as the perpetrators o& the !rime. It re=e!ted A"'Y and JONA"Ks de&ense o& alibi be!ause o& its ea+ness !onsiderin# their positive identi&i!ation and that their respe!tive residen!es ere only some meters a ay &rom here the dead body o& Salvador "eyes as &ound. In repudiatin# A(PIEKs !laim o& sel&*de&ense, the trial !ourt noted the ea+ eviden!e pro&&ered by him. 4e &ailed to sho any physi!al in=ury he !ould have sustained hen Salvador alle#edly hit him ith the iron pipe. The pipe as not presented, and none as &ound at the s!ene o& the !rime: and even assumin# there as indeed a pipe, A(PIE &ailed to establish the reasonable ne!essity o& the means employed to prevent the alle#ed unla &ul a##ression on the part o& Salvador "eyes. It ruled that all the elements o& sel&*de&ense ere not present. 4en!e, the +illin# o& Salvador as not at all =usti&ied. The trial !ourt ruled that the +illin# o& Salvador "eyes as attended ith trea!hery. The atta!+ as sudden and a!!used*appellants deliberately employed means to ensure the su!!ess o& their plan ithout ris+ to themselves. $esides, their vi!tim as ithout means to de&end himsel&. Althou#h it &ound the presen!e o& the a##ravatin# !ir!umstan!e o& abuse o& superior stren#th, it de!lared that the same as absorbed in the 7uali&yin# !ir!umstan!e o& trea!hery. It &ound no &a!tual basis &or the 7uali&yin# !ir!umstan!e o& evident premeditation.

The trial !ourt ruled that A(PIE !ould not bene&it &rom the miti#atin# !ir!umstan!e o& voluntary surrender. Salvador "eyes as +illed on /0 September ,112. The !omplaint &or murder as &iled on the third day o& the &ollo in# month, O!tober, and a arrant o& arrest as issued the day a&ter. 4e admitted the +illin# under !laim o& sel&*de&ense, it !annot be believed that he as una are o& the &ilin# o& the !ase. The trial !ourt !on!luded that the purpose o& A(PIEKs visit to the poli!e station on 1 O!tober ,112, a!!ompanied by his sister, as not to surrender but to veri&y the !har#e &iled a#ainst him. 3inally, the trial !ourt !onsidered A(PIEKs &li#ht as an indi!ation o& #uilt. 4e &led a&ter the in!ident under the prete8t that his or+ re7uired him to be a ay &or several days. 9ndaunted, a!!used*appellants A(PIE, A"'Y and JONA" appealed to us &rom the =ud#ment o& !onvi!tion. They an!hor their appeal on the &ollo in# alle#ed errors o& the trial !ourt. ,. O IN 3IN)IN; T4AT T4E"E 6AS CONSPI"ACY TO @I'' A(ON; T4E T4"EE ACC9SE): /. O IN 3IN)IN; T4AT CO*ACC9SE) A"'Y AN) JONA" PA"TICIPATE) IN T4E @I''IN; O3 T4E ?ICTI(: AN) %. O IN 3IN)IN; T4AT T4E C"I(E O3 (9")E" 6AS CO((ITTE) $Y ACC9SE) A(PIE 64EN T4E C"I(E 6AS ON'Y 4O(ICI)E. On the &irst and se!ond assi#ned errors, they assert that A"'Y and JONA" ere not !o* !onspirators in the +illin# o& Salvador "eyes. They ere impli!ated by )avid An#eles, Jr. ho !laimed to have seen them behind A(PIE, alle#edly ready to render assistan!e to A(PIE hen the latter ha!+ed the ne!+ o& Salvador. They emphasiFe, ho ever, that there is no eviden!e that they a!tually helped A(PIE, and no overt a!t o& +illin# !ould be attributed to them. Thus, they deserve an a!7uittal. Anent the third assi#ned error, a!!used*appellants assail the &indin# o& trea!hery and !ontend that A(PIE !ould only be #uilty o& homi!ide and not murder. A(PIE ha!+ed the vi!tim only on!e and he immediately &led therea&ter. 4e did not even see+ the help o& A"'Y and JONA" in +illin# the vi!tim. 4e as the lone assailant. 3or trea!hery to be appre!iated, it must be proved by stron# and !onvin!in# eviden!e. The prose!ution &ailed to do so. A!!used*appellants pray that A"'Y and JONA" be a!7uitted o& the !rime !har#ed be!ause o& reasonable doubt, and that A(PIE be &ound #uilty o& homi!ide only, not murder. The O&&i!e o& the Soli!itor ;eneral re&utes the ar#uments raised in the AppellantsK $rie&. On the &irst and se!ond #rounds, it !ounters that !onspira!y !an be in&erred &rom the !ondu!t o& A"'Y and JONA". )avid An#eles, Jr. une7uivo!ally testi&ied that both A"'Y and JONA" ere behind A(PIE, ho as armed ith a bolo and ith it approa!hed Salvador "eyes, held his head up and ha!+ed his ne!+. At that time A"'Y and JONA"Ks a!tions ere des!ribed H/0I as Mna+aalalayN and Manyon# tutulon#.N Said a!tions establish a !ommon desi#n to atta!+ Salvador. In a !onspira!y to !ommit murder it is not ne!essary that all the !onspirators a!tually +ill the vi!tim. $esides, their a!tion a&ter the +illin#, that is s!amperin# a ay instead o& renderin# assistan!e to the vi!tim, a&&irmed their !riminal intent. Anent the last ar#ument, the O&&i!e o& the Soli!itor ;eneral maintains that the trial !ourt properly appre!iated the 7uali&yin# !ir!umstan!e o& trea!hery. The means used dire!tly and spe!i&i!ally insured the death o& Salvador ithout ris+ to a!!used*appellants. Salvador as alone and unarmed, unsuspe!tin# o& hat as to be&all him. 4e had no opportunity to de&end himsel&.

In their "eply $rie&, a!!used*appellants insist on the e8!ulpation o& A"'Y and JONA", ar#uin# that their mere presen!e in the s!ene o& the !rime !annot !onstitute !onspira!y. They assert that )avid An#eles, Jr. had a ron# impression o& hat a!tually transpired. (oreover, there !an be no trea!hery sin!e A(PIE as the lone perpetrator. 6e a&&irm the !onvi!tion o& a!!used*appellant A(PIE but only &or homi!ide: and be!ause o& reasonable doubt as to their #uilt, e AC>9IT a!!used*appellants A"'Y and JONA". The &irst and se!ond issues shall be =ointly dis!ussed sin!e they 7uestion the trial !ourtKs &indin# o& !onspira!y, hi!h resulted in the !ompli!ity o& A"'Y and JONA". The trial !ourt relied heavily on the testimonies o& (ariano Adillo and )avid An#eles, Jr. (ariano Adillo testi&ied that Salvador, prior to his death, as a!!osted by a!!used*appellants outside the beerhouse here he as en#a#ed in a !onversation ith a oman hen a!!used*appellants arrived. One o& the a!!used*appellants dire!tly &a!ed Salvador, hile the t o others positioned themselves =ust behind the &irst. Sensin# dan#er, (ariano immediately bello ed at a!!used* appellants ho immediately le&t to#ether. )avid An#eles, Jr., de!lared that he sa a!!used* appellants to#ether at the time Salvador as assaulted. A"'Y and JONA" appeared to him to be ready to #ive assistan!e to A(PIE.Pertinent portion o& his testimony reads as &ollo s. 888 > 6hat else did you noti!e A I sa hen i& any hen a!!ordin# to you sa $ TarayaP ho hen I loo+ed on that man as i& urinatin#.

$ Taraya approa!hin# a man

> 6here ere Jonar Estrada and Arly Cantuba at the time a!!ordin# to you $ Taraya slashed the ne!+ o& the vi!timP A They ere near ea!h other. In &a!t, Arly Cantuba and Jonar Estrada Taraya. 888 > 4o about these three a!!used, hat did they do i& they did anythin# a&ter the vi!tim Salvador "eyes as able to &ree himsel& and able to run a ay &rom themP A $ Taraya and Arly Cantuba slo ly entered their house and Jonar Estrada run H sicI to ards his house. 888 > And you stated that the t o B/D other a!!used in this !ase Arly Cantuba and Jonar Estrada also in the s!ene o& the !rimeP A Yes, sir. Nandoon din po sila nakaalalay. > 4o A They > 4o &ar ere the t o other a!!used &rom the vi!tim Salvador "eyesP ere side by side, sir. &arP ere ere ready to help $

A (aybe this distan!e. Interpreter.

6itness demonstrated by his t o hands the distan!e o& about , Q R &eet. > I ould li+e to dire!t your attention to your S orn Statement hi!h as already mar+ed in eviden!e as E8h. M$N parti!ularly 7uestion ,- and your ans er in said 7uestion and I ill 7uote. M[A]no naman ang palagay mo na naging partisipasyon nitong si Arly Cantuba and Jonar EstradaP Ans er. Sa tingin ko po ay pagtutulung-tulungan itong namatay na si Salvador "eyes dahil nakaalalay silang dalawa kay $oyet Taraya. )o you remember havin# #iven those HsicI ans er hen as+ed by the Poli!e O&&i!er durin# the investi#ationP A Yes, sir. 888 > 6hy did you say that these t o B/D a!!used Arly Cantuba and Jonar Estrada ere MnakaalalayNP

A $e!ause hen Ampie Taraya slashed the ne!+ o& Salvador "eyes, the t o B/D Jonar Estrada and Arly Cantuba, ere beside them and appears HsicI to be about HsicI to help, anyang tutulong. > 6hy did you say that (r. 6itnessP 6hat did you !on!lude in the a!tuation o& Arly Cantuba and Jonar Estrada that you !on!lude that they ere about to helpP A $e!ause hile Ampie Taraya as on the a!t o& slashin# the ne!+ o& Salvador "eyes, Jonar Estrada and Arly Cantuba ere approa!hin# them BMpapalapit silaND. > So you are basin# your !on!lusion that the other t o B/D a!!used Arly Cantuba and Jonar Estrada ere about to help be!ause you said hile $oyet Taraya as approa!hin# the vi!tim Salvador "eyes, the t o other a!!used, I am re&errin# to Arly Cantuba and Jonar Estrada, ere also approa!hin#, that is hy you said that they ere nakaalalayP A Yes, sir. > And aside &rom that (r. H6Iitness, you !laimed that Arly Cantuba and Jonar Estrada ere also approa!hin#, there as no other a!tuation or assistan!e made by these t o B/D aside &rom the &a!t that they ere also there and approa!hin# the vi!tim hile $oyet Taraya hom you said slashed the ne!+ o& Salvador "eyesP A That is only hat I sa , that they 888 Their rea!tion "eyes.H/2I as =ust about to help $oyet Taraya, they did not do anythin# a#ainst Salvador ere on the a!t o& helpin#, anyang tutulong.

A !onspira!y e8ists hen t o or more persons !ome to an a#reement !on!ernin# the !ommission o& a !rime and de!ide to !ommit it. H/EI It does not re7uire that su!h a#reement o!!urred &or an appre!iable period prior to the !ommission o& the !rime: it is su&&i!ient that at the time o& the e8e!ution thereo&, all a!!used had the same purpose and ere united therein. Conspira!y may be dedu!ed &rom the mode and manner in hi!h the !rime as !ommitted, or in&erred &rom the a!ts o& all a!!used hi!h denote a =oint purpose and desi#n, !on!erted a!tion and !ommunity o& interest. H/GI In establishin# !onspira!y dire!t proo& o& a previous a#reement is unne!essary. And, hen it is proven, the a!t o& one is the a!t o& all.H/JI

Our meti!ulous evaluation o& the prose!utionKs eviden!e &ails to !onvin!e us o& its su&&i!ien!y to prove ith moral !ertainty that there as !onspira!y amon# a!!used*appellants to +ill Salvador so as to hold A"'Y and JONA" e7ually liable as A(PIE &or the death o& Salvador. There is at all no intimation that there as bad blood bet een Salvador and A(PIE or A"'Y or JONA" be&ore the beerhouse in!ident. The a!!used*appellants may have !ome to the beerhouse to en=oy to#ether but not to loo+ &or Salvador. Neither is there eviden!e that the #irl ith hom Salvador as !onversin# as A(PIEKs #irl&riend or as bein# !ourted by him and he &elt =ealous hen he sa Salvador !onversin# ith her. The testimony o& )avid An#eles, Jr. is not persuasive as to their parti!ipation in the !rime. A"'Y and JONA" ere both unarmed and they remained behind A(PIE. The only overt a!t attributed to them as that they appeared ready to assist. There as no !ertainty as to their a!tion to sho a deliberate and !on!erted !ooperation on their part as to li+e ise render them liable &or the +illin# o& Salvador. 6e even have doubts on the testimony o& )avid An#eles, Jr. I& indeed Salvador as in the a!t o& urinatin# hen A(PIE suddenly !ame up &rom behind him, held the head and slashed the ne!+ o& Salvador, then there must have been no prior physi!al !on&rontation bet een the t o.Yet, the post*mortem report BE8h. MAND o& )r. Jamolin re!ords that the latter &ound the &ollo in# in=uries on the body o& Salvador. ,. Abrasions, !ir!ular, , in!h, ri#ht temporal area. /. Abrasions, !ir!ular, , in!h, lateral portion, in&ra*o!ular area, ri#ht eye.H/1I These in=uries prove that Salvador and A(PIE must have had a &i#ht. The in!ident at the beerhouse !ould be the pro8imate !ause thereo&. Then, too, )avid !ould not be an absolutely impartial itness. 4e had an a8e to #rind a#ainst JONA" ho, only a &e days earlier, or spe!i&i!ally on ,% September ,112, had a &i#ht ith )anilo An#eles, a brother o& )avid. The latter as present durin# that in!ident. It &ollo s then that no !redible third party itnessed ho A(PIE atta!+ed and slashed SalvadorKs ne!+ ith a bolo. There bein# no positive and dire!t eviden!e to sho that the atta!+ as sudden and une8pe!ted, trea!hery as a !ir!umstan!e to 7uali&y the +illin# to murder !annot be appre!iated a#ainst A(PIE. There is trea!hery hen the o&&ender !ommits any o& the !rimes a#ainst the person, employin# means, methods or &orms in the e8e!ution thereo& hi!h tend dire!tly and spe!ially to insure its e8e!ution, ithout ris+ to himsel& arisin# &rom the de&ense hi!h the o&&ended party mi#ht ma+e. H%-I Trea!hery as a 7uali&yin# !ir!umstan!e re7uires that the o&&ender deliberately employs means o& e8e!ution hi!h deprives the person atta!+ed no opportunity to de&end or retaliate. H%,I It must be proved by !lear and !onvin!in# eviden!e or as !on!lusively as the +illin# itsel&. H%/IThe parti!ulars as to ho the a##ression as made, or ho the a!t hi!h resulted in the death o& the vi!tim be#an and developed must be established.H%%I A(PIE then !ould only be liable &or homi!ide. An issue to be resolved, too, is hether A(PIE is entitled to the miti#atin# !ir!umstan!e o& voluntary surrender. The &ollo in# are the re7uisites o& voluntary surrender. B,D the o&&ender had not been a!tually arrested: B/D the o&&ender surrendered himsel& to a person in authority or to the latter5s a#ent: B%D the surrender as voluntary: and B0D there is no pendin# arrant o& arrest or

in&ormation &iled.H%0I 3or a surrender to be voluntary, it must be spontaneous and must also sho the intent o& the a!!used to submit himsel& un!onditionally to the authorities, either be!ause he a!+no led#es his #uilt or he ishes to save them the trouble and e8pense in!idental to his sear!h and !apture.H%2I It !annot be denied that hen A(PIE learned that the poli!e authorities ere loo+in# &or him in !onne!tion ith the death o& Salvador "eyes, he immediately ent to the poli!e station on 1 O!tober ,112. It as there here he !on&essed to +illin# Salvador in sel&*de&ense. This is bolstered by the testimony o& the investi#atin# o&&i!er SPO/ Emmanuel (artineF, ho even entered in the poli!e blotter that A(PIE voluntarily surrendered to the poli!e. 4o ever, the said surrender does not !onstitute one hi!h ould !lassi&y as a miti#atin# !ir!umstan!e. It must be emphasiFed that at the time o& his surrender, A(PIE already had a pendin# arrant o& arrest H%EI hi!h as issued on 0 O!tober ,112, or &ive days be&ore his surrender. 4is arrest by that time as imminent. 6e !annot then appre!iate in &avor o& A(PIE the miti#atin# !ir!umstan!e o& voluntary surrender. The penalty &or homi!ide under Arti!le /01 o& the "evised Penal Code is re!lusion temporal. A(PIE, ho ever, is entitled to the bene&its o& the Indeterminate Senten!e 'a . 4e !an then be senten!ed to an indeterminate penalty hose minimum shall be ithin the ran#e o& the penalty ne8t lo er in de#ree, hi!h is prision mayor, and hose ma8imum shall be that pres!ribed by la ta+in# into a!!ount the modi&yin# !ir!umstan!es. Sin!e no modi&yin# !ir!umstan!es has been proven in this !ase, the ma8imum o& the penalty shall be the medium period o&re!lusion temporal. Thus, A(PIE !an be senten!ed to an indeterminate imprisonment penalty ran#in# &rom ten B,-D years o& prision mayormedium as minimum to seventeen B,GD years and &our B0D months o& re!lusion temporal medium as ma8imum. 64E"E3O"E, =ud#ment is hereby rendered B,D A33I"(IN;, inso&ar as a!!used*appellant Ampie Taraya is !on!erned, the de!ision o& E 3ebruary ,11J o& the "e#ional Trial Court o& Siniloan, 'a#una, $ran!h %%, in Criminal Case No. 0%/0, ith the modi&i!ation that he is &ound #uilty beyond reasonable doubt as prin!ipal o& the !rime o& homi!ide only and is hereby senten!ed to su&&er an indeterminate penalty o& imprisonment ran#in# &rom Ten B,-D years and One B,D day o& prison mayor medium as minimum to Seventeen B,GD years and 3our B0D months o& re!lusion temporal medium as ma8imum, ith all the a!!essory penalties thereo&, and to indemni&y the heirs o& Salvador "eyes in the sum o& P2-,--- as !ivil indemnity &or his death: B/D AC>9ITTIN; on #round o& reasonable doubt a!!used*appellants A"'Y CANT9$A and JONA" EST"A)A and orderin# their immediate release &rom !on&inement, unless their &urther detention is =usti&ied &or any other la &ul !ause. The )ire!tor o& the $ureau o& Corre!tions shall submit a report o& their release ithin &ive B2D days &rom re!eipt o& noti!e o& this de!ision. Costs de o&i!io. O OR)ERE). Puno, Pardo, and Ynar s-Santiago, !!., !on!ur. "apunan, !., on leave.