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Peoplevs.Lacao
No.L32078.September30,1974.
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APPEALfromadecisionoftheCourtofFirstInstanceofCapiz.
ThefactsarestatedintheopinionoftheCourt.
NarcisoC.Parayno,Jr.foraccusedappellant.
OfficeoftheSolicitorGeneralforplaintiffappellee.
AQUINO,J.:
Thisisamurdercase.IntheeveningofMarch27,1969,aroundone
hundredpersonsforegatheredinFranciscoLabo'shousewhichwas
located at Sitio Guimba, Barrio Manibad, Mambusao, Capiz. The
occasion was the last night of the wake (velasyon) for Labo's
deceasedwife.AmongthosepresentwereBaltazarLacao(thebarrio
captain),hisbrotherDavid,andSergioGallardo.
Atabouteleveno'clock,Gallardodecidedtogohome.Ashewas
descendingthestairs,BaltazarLacaofollowedhim,calledhim,"Ser,
Ser,"andstabbedhimwithaknifeattherightsideofhisbody.
Baltazar tried to pull out the knife. Gallardo ran. Baltazar
followed him. When Gallardo reached the bamboo grove, he was
assaulted by David Lacao (who was armed with a carbine),
Benedicto Lacao (David's son), Salvador Lacao, Jose Mansilla and
FedericoLata(SalvadorandFedericoareBaltazar'sfirstcousins).
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Gallardosustainedfourteenwounds(Exh.A).Hisassailantsdragged
him "to the field". He died due to massive hemorrhage resulting
from his numerous wounds. The wounds were caused by different
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bladedinstruments.Eachofhisninewoundscouldhavecausedhis
deathiftherewerenotimelymedicalattendance.
The killing was motivated by resentment. Baltazar Lacao, as
barrio captain, had drafted a resolution, recommending that the
name of Barrio Manibad be changed to Hontiveros. Gallardo
vigorously opposed the change. That opposition was sufficient to
provokeBaltazartoliquidateGallardo(Exh.1and237tsnAugust
21,1969).
Less than twelve hours after the killing or at five to eleven
o'clock in the morning of the following day, March 28th, Baltazar
surrendered to the Constabulary detachment at Loctugan Hills,
Roxas City. Evidently, he realized that he had to assume
responsibility for the killing so that his relatives would not be
implicated.Healsofearedreprisalsfromthevictim'sfamily.So,he
placedhimselfundertheprotectivecustodyoftheConstabulary.
Asproofofhissurrenderandtoshowthathewaivedtheissuance
of a warrant of arrest or commitment, he executed in the Ilongo
dialect a certification wherein he admitted that he killed Gallardo
(Exh.C).Thetranslationofhisstatementreadsasfollows(Exh.C
2):
"Towhomitmayconcern:
I,BaltazarLacaoyArro,33yearsold,married,farmeranda
residentofBarrioManibad,Mambusao,Capiz,onmyownfree
willherebydeposeandsay:
That, I voluntarily surrender with the PC Headquarters,
Loctugan Hills, Roxas City on this day at about 10:55 a.m.,
March28,1969becauseIstabbedSergioGallardowhoismy
barriomate and he died in the evening of March 27,1969 and
becausethereisnochargeorcomplaintinthecourtagainstme
and I am afraid of the relatives of the deceased if I am in my
place,IamaskingfortheprotectionofthePCthatIwillstayin
thePCcampandundertheprotectionandpowerofthePC.
LoctuganHills,RoxasCity.
March28,1969.
BaltazarLacao
(Surrenderee)
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Witnesses:
1.JoseBlancaflor.
2.BenedictoIlagan.
Note:Ireceivedacopyofthiscertification.
BaltazarLacao"
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HearrivedatFranciscoLabo'shouseateightthirtyintheeveningof
March 27th. Sergio Gallardo and other persons were in the yard
discussingpoliticalmatters.Headvisedthemtodesistfromtalking
about politics because the elections were still far away and their
discussionsmightleadtoquarrels.
Later, Arturo Labo allegedly reported to him that Gallardo was
chasing several persons. Lacao went down to pacify Gallardo who
wasarmedwithaknife.LacaoannouncedtoGallardo:"Ser,Ser,this
is the barrio captain. Give me your knife." Instead of surrendering
his knife, Gallardo tried to stab Lacao who moved backward and
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retreated.GallardofollowedLacao.Wheninthecourseofhisretreat
Lacaoreachedthebamboogrove,Gallardoagaintriedtostabhim.
Lacaoparriedtheblow.
As Gallardo persisted in his aggression, Lacao grappled with
him.Inthecourseofthescuffle,Lacaowrestedawaytheknifeheld
by Gallardo. Then, Gallardo tried to get back the knife, squeezed
Lacao's neck with his right hand and held Lacao's right hand with
hislefthand.
The knife fell from Lacao's hand. He was able to free himself
from Gallardo's stranglehold. Lacao fled. He was pursued by
Gallardo who was armed with the knife. Lacao ran faster when he
saw that seven persons, whom he surmised were Gallardo's
companions,werealsochasinghim.LacaosaidthatGallardomight
havebeenwoundedintherightbreastandonthehandandfingers
(pp.78,Appellant'sBrief).
On analyzing Lacao's testimony, the trial court found it to be
riddled with improbabilities. Considering that many persons were
present when Gallardo allegedly assaulted Lacao, it was incredible
thattheywouldnothaveintervenedtopreventGallardofromkilling
Lacao, their barrio captain. Moreover, as noted by the trial court,
Lacao's credibility was gravely impaired by his denial of the
undeniable: that fact that he voluntarily surrendered to the
Constabularyonthemorningfollowingthenightofthekilling(Exh.
C,C2).
Appellant Lacao contends that the trial court erred in believing
the testimony of William Artuz, a prosecution eyewitness, Artuz
declaredthatGallardowasstabbedbyBaltazarLacao,DavidLacao,
SalvadorLacao,BenedictoLacao,JoseMansillaandFedericoLata
(68 tsn August 22, 1969). Appellant points out that, according to
AlfredoVergabera,anotherprosecutioneyewitness,BaltazarLacao
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initiallywoundedGallardowithaknifeontherightsideofhisbody
andthattheknifegotstuckinthewoundandBaltazarwasnotable
topullouttheknife(1819tsnAugust21,1969).
Since, according to the prosecution, Baltazar Lacao stabbed
Gallardoonlyonce,appellantLacaoarguesthatthetrialcourterred
in concluding that he was responsible for the fourteen wounds
sustained by Gallardo. That contention is fallacious. It ignores the
testimonyoftheprosecutionwitnessesthatLacaopursuedGallardo
whenheraninordertoescapefromLacao'sfeloniousassault.
The medical certificate shows that among the fourteen wounds
there were only two wounds on the right side of Gallardo's body,
namely, the stab wound, two and onehalf inches long in the right
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Lacao was the initiator of the assault. He had the motive for
getting rid of Gallardo who spearheaded the opposition against
Lacao's proposal that the name Manibad should be changed to
Hontiveros.Hewas armed with a deadly weapon when he stabbed
Gallardo. His intent to kill was manifest. His admission (Exh. C)
removesanydoubtastohisguilt.
Asstatedearlier,theinformationchargedtheLacaobrotherswith
murderqualifiedbyevidentpremeditation.Theprosecutionfailedto
provepremeditacinconocida.ItistruethatappellantLacaomight
have nursed a grudge or resentment against Gallardo for having
blockedLacao'sproposaltochangethenameofBarrioManibadto
Hontiveros. That circumstance is not a conclusive proof of evident
premeditation.
It is not sufficient to suspect that premeditation preceded the
crime. The criminal intent evidenced by outward acts must be
notoriousandmanifest,andthepurposeanddeterminationmustbe
plainandhavebeenadoptedaftermatureconsiderationonthepart
ofthepersonswhoconceivedandresolvedupontheperpetrationof
the crime, as a result of deliberation, meditation, and reflection
sometimebeforeitscommission(U.S.vs.Baagale,24Phil.69,73
Peoplevs.Mendoza,100Phil.811).
Thetrialcourtheldthatthekillingwasmurderbecausetherewas
treachery (alevosia) when Lacao, after calling Gallardo,
unexpectedly and suddenly stabbed him. We agree with that
conclusion. Lacao adopted a mode of execution which insured the
woundingofGallardowithoutgivinghimachance
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PoSoonTekvs.Republic
Aquino,R.C.,TheRevisedPenalCode,2vols.,1961Edition.
Padilla,A.,CriminalLawRevisedPenalCode,3vols.,197274
Editions.
Moran, M.V., Comments on the Rules of Court, vols. 5 and 6,
1970Edition.
Salonga,J.R.,PhilippineLawonEvidence,1964Edition.
o0o
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