People vs Gupo

Facts: An appeal by Magno and Flavio Gupo, father and son seeking for the reversal
of the decision of the RTC of Batangas City convicting them of the crime of murder
aggravated by evident premeditation and taking advantage of superior strength.
Magno and Falvio Gupo with Rudy Naul who is still at large, armed with a bolo and
lead pipe, stabbed with the said weapon, Miguel Atienza resulting to multiple
stabbed wounds causing hemorrahage directly causing his death.
During arraignment the accused pleaded not guilty to the crime.
Testimony for the prosecution states that the group of Magno Gupo had an initial
encounter with the group of Miguel along a road while the latters group was on
their way to from off Patrolman Africa at his house. The fistfight that ensued was
stopped by Africa with an instruction for Magnos group to proceed home. On the
way back, after dropping off Africa, Miguels group was waylaid by Magnos group.
According to proecution witness Eufronio Lontok, Flavio, Magno, Rudy and Juan
Magtibay, stopped the jeepney of Atienzas group. Seeing that Magno was holding a
lead pipe and acting suspiciously, Lontok alighted the jeepney to pacify Magno.
Two witnesses, Eufronio and Pablo Acob, testified that Rudy and Flavio stabbed
Miguel while Magno hitted Miguel with a lead pipe.
Miguel was brought to the hospital by Danilo and Eufronio, however was dead on
arrival.
Defendants, Flavio and Magno denied having perpetrated the crime and like the
prosecution alleged that it was Rudy who stabbed Miguel with two other unidentified
persons.
Flavio gave his own version of the incident while Magno testified that he was home
when the incident occurred. This testimony however was not accepted since the
witnesses positively identified them both. Further the postmortem examination
reflected that the testimonies of the eyewitness were credible.
Based on the information above, the lower court found the accused to have
conspired with each other in killing the victim and this was convicted for the crime
of murder. On appeal they contended that their guilt was not proven beyond
reasonable doubt.
Issue: Whether or not the defendants are guilty as charged despite their respective
alibis?
Held: SC held that the appellants are guilty of homicide and not murder since the
qualifying circumstance of treachery was not attendant to the crime. Further SC
held that conspiracy existed between the three. Having no aggravating or
mitigating circumstances, the penalty imposed reclusion temporal in its medium
period.

No treachery existed since the victim saw the four malefactors approaching him and
the attack was preceded by a quarrel. Likewise abuse of superiority was not present
since evidence does not show that the Gupos and Razul cooperated in a way as to
secure superiority in number.
Magno Gupo being of senior age, SC adopted the recommendation of the lower
court for executive clemency.