PEOPLE OF THE PHILIPPINES, vs. BALTAZAR LACAO, SR., PATRIA LACAO and TRINIDAD LACAO MANSILLAs.
- G.R. Number: G.R. No. 95320
- Promulgated: 1991-09-04
- Ponente: Regalado, J.
Doctrine
Treachery exists when the offender employs means, methods or forms in the execution of the crime that tend directly to insure execution without risk to himself from the offended party's defense.
One who cooperates by simultaneous acts, aware of the principals' criminal intent, and who supplies material or moral aid in an efficacious way is criminally liable as an accomplice even without conspiracy.
In a complex crime, the penalty for the graver offense is applied in its maximum period; where the death penalty is proscribed, the appropriate substitution (here reclusion perpetua) is imposed and other penalties/indemnities adjusted accordingly.
Facts
The respondents were convicted for a complex crime and found guilty contrary to law.
The Court affirmed that treachery was sufficiently proven as a qualifying circumstance.
Appellants Patria Lacao and Trinidad Lacao Mansilla cooperated by simultaneous acts, were aware of the principals' criminal intent, and were held guilty as accomplices.
Because the death penalty was proscribed, the principal appellant was sentenced to reclusion perpetua; the accomplices received an indeterminate penalty and the death indemnity was increased to P50,000; the trial court's judgment was affirmed with modifications.
Issues
Whether treachery was properly appreciated as a qualifying circumstance.
Whether Patria Lacao and Trinidad Lacao Mansilla are criminally liable as accomplices.
Whether the penalty imposed was proper given the proscription of the death penalty and the nature of the complex crime.
Ruling
The Court agreed that treachery was sufficiently proven and properly appreciated as a qualifying circumstance.
Patria Lacao and Trinidad Lacao Mansilla were held guilty as accomplices for cooperating in the execution of the offense with knowledge of the principals' criminal intent.
With the death penalty proscribed, the principal was sentenced to reclusion perpetua; the accomplices received an indeterminate penalty (minimum six years and one day prision mayor to maximum twelve years and one day reclusion temporal); the death indemnity was increased to P50,000; the trial court's judgment was affirmed with modifications.
Keywords
G.R. No. 95320, complex crime of murder with direct assault upon an agent of a person in authority, Regional Trial Court of Capiz, evident premeditation, treachery, taking advantage of nighttime, superior strength, indemnity, moral and exemplary damages, previously convicted by final judgment of the crime of homicide, self-defense, autopsy report, post-mortem findings, Cardiac Tamponade, Severe Internal and External Hemorrhages, reclusion perpetua, actual damages, subsidiary imprisonment, stab wound, trial