Facts:
On April 6, 1984, in the municipality of Duenas, province of Iloilo,
Salvador Caritativo and
Victor Solas were charged, together with
Gregorio (Gogoy) Solomon who remained at large, with the
murder of
Fred (Wilfredo) Pama and his eleven-year-old son
Joey Pama. The killings occurred after family events at the house of Ofelia Caritativo, where Salvador Caritativo and Victor Solas were living as relatives. The prosecution presented that on the morning of April 6, 1984,
Wenifreda Pama and her sons Joey and Jeffrey went to a birthday party at Ofelia’s home, after which Joey and Jeffrey left for home while Wenifreda stayed and helped in cooking. Later in the afternoon, Wenifreda joined Salvador, Victor, and Gregorio in drinking “tuba” and “biti-biti,” then left for home late that day. Meanwhile, Fred Pama and his sons rode on their carabao to fetch Wenifreda, but on the way they were suddenly waylaid by Salvador, Victor, and Gregorio. Gregorio stabbed Fred but missed and instead hit the carabao, causing it to bolt and the riders to be thrown off. Jeffrey managed to escape and hide in nearby ricefields, while he reported that he saw Gregorio stabbing his father Fred and that Salvador and Victor were holding Joey and stabbing him. Jeffrey later heard two gunshots. Another prosecution witness,
Fely Gonzales, testified that at about 6:30 p.m. on April 6, 1984, she heard Joey shouting for help and, upon approaching within about twenty meters, she saw Solas, Caritativo, and Solomon stabbing Fred and Joey. She hid beside a rice paddy with mora grasses out of fear, cried silently, and, after the attackers left, checked and found Fred and Joey already dead. The dead bodies of Fred and Joey were recovered in the early morning of April 7, 1984, and the autopsy reports revealed that Fred sustained four stab wounds and one gunshot wound, while Joey suffered three incised wounds and eleven stab wounds. The defense admitted that Gregorio’s responsibility was being asserted, but contended that Gregorio alone perpetrated both killings and that the prosecution conveniently blamed the accused who had disappeared in the narrative. The defense further claimed that Fred, upon discovering Wenifreda in allegedly flirtatious conduct with Gregorio while the latter had admitted stabbing Fred and Joey to Salvador, attacked Gregorio out of anger, prompting Gregorio’s retaliation, and that the alleged admissions of Gregorio to his father were not properly used against the accused. On April 13, 1989, the Regional Trial Court of Iloilo City, Branch 33, rendered twin decisions convicting Salvador Caritativo and Victor Solas of murder for each victim, sentencing them to
reclusion perpetua in both cases. Each decision’s dispositive portion ordered payment to the heirs of the respective victims of
P30,000.00. Upon appeal, the accused challenged mainly the sufficiency and credibility of the prosecution evidence and insisted on their exoneration, while the defense theory emphasized alibi and denial and attempted to shift attribution solely to Gregorio.
Issues:
Whether
Salvador Caritativo and
Victor Solas were proven beyond reasonable doubt to have conspired in and perpetrated the murders of
Fred Pama and
Joey Pama, and whether
treachery properly qualified the offenses, subject to any error in the appreciation of aggravating circumstances.
Ruling:
Ratio:
Doctrine: