THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. PEDRO DEL CASTILLO SR. AND PEDRO DEL CASTILLO JR., DEFENDANTS-APPELLANTS.

About six o’clock in the evening of November 25, 1962, Sedesias del
Castillo, Fernando Castromayor, Virgilio Palencia and Rizalino Patanao
came from a drinking session in the house of one Badong in the
municipality of Sara, Iloilo. Overtaken by a slight rain, del
Castillo, Castromayor and Palencia, with the exception of Patanao,
sought shelter in the house of Nene Emak where they saw Pedro del
Castillo, Sr. who also took refuge from the rain. While waiting for the
rain to stop a heated argument ensued between Fernando Castromayor and
Pedro del Castillo, Sr. which resulted in a fist fight between the two,
with the former getting the upper hand but coming out with a torn shirt.
Sedesias del Castillo offered Castromayor his T-shirt following which
the group proceeded home.

Upon reaching the crossing at Concepcion, Sara, Iloilo, Sedesias del
Castillo told his companions to stay on the side of the road as there
was a jeep coming from the rear at a fast speed. When the jeep driven
by Pedro del Castillo, Jr. came abreast with the group who were walking
in single file, it suddenly swerved and hit Sedesias del Castillo who
was thrown about a meter away from where he was standing. Thereafter,
Pedro del Castillo, Sr., with a blunt instrument, jumped down from the
jeep and struck Sedesias at the back of the head. This was followed by
two more stab blows in the neck.

Realizing that the person he had assaulted was not Fernando Castromayor,
but his first cousin Sedesias del Castillo, Pedro Del Castillo, Sr.
looked around and, upon seeing Castromayor nearby, ran after the latter
but failed to overtake him. Meanwhile, Pedro del Castillo, Jr. upon
realizing that the man he had ran over was his Uncle Sedesias, carried
the latter in his jeep and brought him to Dr. Vicente Javellana, Rural
Health Physician who examined the victim and found him to have suffered
the following injuries:

“Lesions: (1) Stab wound about 3/4 in. long one inch deep below the left jaw, middle portion.

(2) Stab wound two in number 1/2 in. long one inch deep at the
anterior margin of the sternocleidomastoid muscle behind the posterior
angle of the right jaw.

(3) Contusion and swelling about a duck’s egg in size at the right occipital region, near the hairline.

(4) Abrasion, right forehead and right clavicle extending to the right side up to the level of the 10th rib.

(5) Abrasion one inch diameter, left zygoma.

(6) Abrasion, left knee.

CAUSE OF DEATH: Shock, due to the above injuries.” (p. 14, Record)

Pedro del Castillo, Sr., and his son, Pedro del Castillo, Jr. were
charged with murder before the then Court of First Instance of Iloilo in
Criminal Case No. 9624. After trial, upon their plea of not guilty,
the trial court found them guilty as charged and sentenced each of them
“to suffer the penalty of reclusion perpetua, to indemnify the heirs of
the offended party in the sum of P12,000.00 without subsidiary
imprisonment in case of insolvency and to pay the costs.” (p. 11, Rollo)

The defense is denial and alibi. Accused-appellant Pedro del Castillo,
Sr. admitted that he and Fernando Castromayor met in the house of Emak
where they had heated discussion about inheritance. Castromayor was
irritated at appellants intervention in the discussion and, as a
consequence, he boxed appellant del Castillo, Sr. in the head. They
grappled with each other and del Castillo, Sr. was able to hit back
Castromayor who fell on the floor. Castromayor accused Sedesias of
trying to take sides with Pedro del Castillo, Sr. but Sedesias explained
that he was only trying to stop the fight. Castromayor warned Sedesias
that time will come when he will pay for it. Thereafter, they were
separated by the others present and they all went down to go home. When
appellant del Castillo, Sr. arrived home at about seven o’clock in the
evening he told his son, Pedro Jr., to dress up as they would go to the
dance at the Sara Elementary School with Mayor Ricardo Zerrudo. With
Pedro Jr. driving the jeep, both father and son proceeded to the house
of the mayor who, with his wife, boarded the jeep and they all went to
Sara Elementary School where the dance was being held. About nine
o’clock in the evening, Pedro Sr. noticed a commotion in the street. He
immediately notified Mayor Zerrudo about it and together they went to
the place of the commotion and learned that something was going on
inside the house of Jose del Castillo. They went inside and saw the
body of Sedesias del Castillo lying on top of the table. Mayor Zerrudo
inquired from Pat. Avellar what had happened and the peace officer
replied that Virgilio Palencia had told him that Castromayor and
Sedesias del Castillo had a quarrel which resulted in the death of the
latter. Further, appellants argue that the theory of the prosecution is
highly incredible in that it was improbable for appellant del Castillo
Sr. not to have recognized his cousin Sedesias and to have stabbed him
twice on the neck after turning him over on his face.

The appeal is devoid of merit.

1. The identity of appellant Pedro del Castillo, Sr. was clearly
testified to by Virgilio Palencia who, at the time, was walking with
Castromayor and the victim Sedesias del Castillo. Thus –

“Q While you were walking on your way do you remember if there was anything unusual that happened?

A Yes, sir.

Q Please tell us what it was.

A There was a jeep approaching from the rear with bright headlights.

Q Then what happened?

A Decias del Castillo said: ‘Go to the side. That is the jeep of Nong Preking.’

Q After that what happened?

A When I saw the jeep when I turned to look, I saw that the jeep was approaching us. I jumped to the canal.

Q Then what happened?

A Sedecias del Castillo was bumped by the jeep.

Q And then what happened after this Decias del Castillo was bumped by the jeep?

A After he was bumped by the jeep, that was simultaneous with my flashing of my flashlight.

Q What did you see?

A I saw a person jump.

Q What did that person do?

A He jumped towards Sedecias and hit him.

Q Where did that man come from?

A From the jeep.

Q That same jeep that bumped Sedecias del Castillo?

A Yes, sir.

Q What did that man then do after he hit Sedecias del Castillo?

A After hitting him, he turned the body and stabbed him.

Q Were you able to see the body after it was hit by a jeep?

A Yes, sir.

Q What was its position?

A Face down.

Q That man who jumped from the jeep and hit Sedecias del Castillo and later stabbed him, do you know that man?

A Yes, sir.

Q Who is that man?

A Pedro del Castillo, Sr.

Q If that Pedro del Castillo, Sr. is in this courtroom, will you please point to him?

A (Witness pointing to the accused Pedro del Castillo, Sr.)

Q After Sedecias was stabbed by Pedro del Castillo, Sr., what happened?

A They ran after Fernando Castromayor.

Q Before Pedro del Castillo Sr. ran after Fernando Castromayor, was there any conversation between them?

A No, sir.

Q By the way, that jeep, where did that go?

A It turned about face.

Q And did you find out who was driving that jeep?

A Yes, sir.

Q Who was driving that jeep?

A Pedro del Castillo, Jr.

Q If that Pedro del Castillo, Jr. is inside this courtroom will you please point to him?

A (Witness pointing to Pedro del Castillo, Jr.)

Q After the jeep turned what happened?

A I faced this Pedro del Castillo, Jr. and told him, ‘why did you not pity Toto Decias?’

Q What did he tell you?

A He said, ‘Why, was it Uncle Decias?’

Q Then what happened?

A Then he said, ‘If it is Uncle Decias, you help me, because I am going to bring him to the poblacion.’

Q So what did you do?

A So we helped the body of Sedecias, together with Rizalino Patanao.

Q Where did you bring the body?

A In the house of Nong Jose del Castillo.

Q In what place?

A In Sara, Iloilo, in front of the primary school.

Q Later, in the house of Jose del Castillo did you see any of the accused.

A Yes, sir.

Q Whom did you see?

A Pedro del Castillo, Jr., and Sr.

Q Do you remember if there was any conversation between
either of the accused and you while in the house of Jose del Castillo?

A No sir.

Q And when you saw Pedro del Castillo, Sr. in the house of Jose del Castillo, did you notice his appearance?

A Yes, sir.” (tsn., pp. 8-10, June 14, 1967 hearing)

2. In that argument and fight between Castromayor and Pedro Sr., the
shirt of the former was torn. Sedecias del Castillo offered his own
T-shirt to Castromayor and the latter accepted it. Thus, while they
were on their way home, the deceased Sedecias del Castillo was mistaken
by Pedro del Castillo, Sr., to be Fernando Castromayor and the vengeance
of appellant was brought to bear upon his own cousin Sedecias.

3. There was conspiracy between appellants father and son to commit
the crime as shown by the circumstance that immediately, after Pedro Jr.
had bumped the deceased with the jeep he was driving, appellant-father
jumped from the jeep and with a blunt instrument stabbed his victim
twice on the neck. And, considering that appellants employed means
which tended directly to especially ensure its commission without risk
to themselves, the killing of the victim was qualified by treachery
which whenever present in the commission of the crime should be taken
into account whether or not the victim was or was not the same person
whom they have intended to kill.

However, the trial court erred in considering nighttime as a generic
aggravating circumstance. It is necessarily included or absorbed in the
qualifying circumstance of treachery.

4. Under paragraph 20, Article 14 of the Revised Penal Code, motor
vehicle would be an aggravating circumstance if the crime was committed
by means thereof. There is no question that in this case this
aggravating circumstance should be appreciated since the defendants used
a jeep and it facilitated the commission of the crime. Therefore, the
proper penalty should be death. But for lack of necessary votes, We
have to impose the penalty of reclusion perpetua.

ACCORDINGLY, the appealed decision is hereby AFFIRMED, with the
modification that appellants are ordered to indemnify the heirs of the
deceased in the amount of P30,000.00. With costs.

SO ORDERED.

Teehankee, (Chairman), Melencio-Herrera, Plana, Gutierrez, Jr., and De la Fuente, JJ., concur.