PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROMEO CHAVEZ, ACCUSED-APPELLANT.

Romeo Chavez appealed from the decision of the Court of First
Instance of Rizal, Panay City Branch 29, (1) finding him and Roberto de Leon
guilty of murder, sentencing them to reclusion perpetua and
ordering them to pay solidarily the heirs of Dominador Andon damages
amounting to P58, 898.50 and (2) convicting him and De Leon of attempted
murder, sentencing each of them to an indeterminate penalty of one year, six
months and twenty-one days of prision
correccional as
minimum to six years and one day of prision
mayor as maxi­mum and
to indemnify solidarily Wenceslao
Sante in the sum of
P3,400. De Leon withdrew his appeal.

The evidence of the prosecution shows that at about eight-thirty
in the evening of April 19, 1971 Chavez, De Leon and three other persons named Gaerson Antonio, Jun Taba and Enchong
suddenly assaulted Dominador Andon and Wenceslao Sante while the two, together
with Carlos Caspe and Amador Yebra, were walking along the street at Pildera
II, CAA Compound, Pasay City.

Sante, 34, who was
stabbed by De Leon in the back, jumped into the nearby canal. Andon, 30, was surrounded
the five malefactors. De Leon stabbed
Andon in the back while Chavez stabbed him in the chest with a kitchen
knife. Caspe and Yebra tried to
intervene, the five malefactors ran away.

Caspe brought Andon to
the hospital where he died due to his four stab wounds, three in the back and
one on the chest. Sante’s wound was not
fatal. It was treated at the hospital. Yebra, a carpenter, knows De Leon and Chavez because he slept
with them in Uldarico Alimosa’s house while it was under construction.

Chavez’s defense was an
alibi. At the time of the alleged
assault he was washing the car of Dometillo Abordo, a task which he allegedly finished at ten
o’clock in the evening. He was a
live-in-driver of Abordo. He did not
take part in the waylaying of Andon and Sante. Abordo and Moises Ventuza, Jr. corroborated his alibi. Ventuza testified that the assailants were
Gaerson, Jun Taba and Enchong.

The trial court did not
give credence to Chavez’s alibi. His
house was located near the scene of the crime although his alleged employer’s
residence was in San Andres Bukid. Ventuza was his friend.

Antonio V. Agcaoili,
appellant’s counsel de oficio, who submitted a well-written brief, contends that the trial court erred
in finding (1) that Chavez’s guilt was established beyond reasonable doubt, (2)
that he conspired with De Leon and the other accused and (3) that treachery was
a qualifying circumstance.

We hold that Chavez had nothing to do with the wounding of
Sante. That was the sole
responsibility of De Leon. Chavez did
not perpetrate any overt act against Sante. Hence, Chavez, 24, should be acquitted of attempted murder.

With respect to the killing of Andon, Sante testified that from
the canal he saw Chavez hitting Andon frontally with a knife (7, 16 tsn March 1, 1973. See 4 tsn May 5,
1973). Doctor Alberto M. Reyes
testified that Andon had a wound in the chest which penetrated his liver and
was fatal.

Counsel de oficio argues that Doctor Reyes testified that
the four wounds of Andon were caused by a “single bladed and sharp bladed
weapon of the same kind”. As
explained by the Solicitor General, that does not mean that there was only one
assailant. It means that the assailants
used the same type of weapon: a bladed
weapon. Sante, although in the canal, was
not seriously wounded. That was why he
saw the persons who stabbed Andon. In
fact, after the assault, Sante went home in a tricycle.

Conspiracy was implied from the circumstance that De Leon and
Chavez were together when they ambushed Andon. They had armed themselves and their ambuscade of Andon shows community
of design to liquidate him. The fact
that the assault was sudden and unexpected and that the victim was unarmed
shows treachery which absorbs abuse of superiority. The kill­ing of Andon was unquestionably murder. The trial court did not err in imposing the
penalty of reclusion perpetua.

WHEREFORE, the trial court’s judgment convicting Chavez as
a co-principal in the murder of Andon is affirmed. Its judgment convicting him of attempted murder as to Sante is
reversed and set aside and he is acquitted of that charge.

The trial court credited Chavez with four-fifths of his
preventive imprisonment. He should be
given full-time credit unless there is proof that he did not abide by the
disciplinary rules imposed upon convicted prisoners. Costs de oficio.

SO ORDERED.

Makasiar, (Chairman), Concepcion, Jr., Guerrero, Abad Santos,
De Castro, and Escolin, JJ., concur.