G.R. No. L-24002 - People vs. Diaz

The case involves the murder of Quintin Tadia, committed by two brothers, Francisco Diaz and Gerardo Diaz, who were convicted in the Court of First Instance of Samar.
Francisco was sentenced to reclusion perpetua while Gerardo also faced severe penalties, with additional financial indemnity imposed on both.

On September 4, 1963, two minor girls, Remegia Carasos (14 years old) and her cousin Anita Pacaira (11 years old), were gathering camotes in Sitio Camotian, Barrio Perito, Sta. Margarita, Western Samar.
Francisco Diaz, known by the nicknames Ansing or Francing, unexpectedly appeared at the farm.
Without any preamble, he embraced Remegia from behind and fondled her, causing her to cry out for help.
In response, Anita struck Francisco with a bolo, injuring his head and hands, compelling him to release Remegia and flee.

The two girls promptly informed their grandfather, Quintin Tadia, about the incident.
Tadia, who had the responsibility of Remegia’s care, immediately reported the incident to the local barrio lieutenant and prepared to file a formal complaint.
On the following morning, September 5, 1963, Tadia proceeded toward the poblacion to secure legal redress, accompanied by Remegia and Anita.

As Tadia, unarmed and carrying provisions in a catopis, ascended a hill (pangpang), Francisco Diaz and his younger brother Gerardo appeared on the crest wearing matching denim pants and white shirts.
Gerardo, armed with a locally made shotgun (bardog), fired a side shot from about four meters away, hitting Tadia in the neck and causing him to fall down the cliff.
Following the shot, the brothers jumped down; Gerardo incited Francisco by urging, “Go ahead, Francisco, stab that fellow.”
Francisco then proceeded to stab the prostrate Tadia repeatedly with a bolo (utak) while Tadia lay defenseless.
The eyewitnesses, Remegia and Anita, observed the entire incident with clarity; Remegia ran toward her house while Anita hid but continued to observe.

After the ambush, Gerardo retreated to his home, and Francisco surrendered to authorities.
The local municipal health officer, Doctor Tecla Tagle Valley, conducted an autopsy on Tadia, documenting multiple fatal wounds including penetrating chest wounds, gunshot wounds (with two pellets found), and various stab injuries on the head, shoulder, and leg.
The eyewitnesses provided detailed sworn statements to the municipal judge four days after the killing, solidifying the evidentiary basis against the accused.

Francisco Diaz admitted to killing Tadia but pleaded self-defense, contending that Tadia had attacked him previously over a pig; his account was inconsistent with evidence.
Gerardo Diaz denied involvement, asserting an alibi by claiming he was at home due to illness; discrepancies in the details of his sickness weakened his defense.
Both defenses, including claims of conspiracy denial by Gerardo and self-defense by Francisco, were found to be unfounded by the trial court.

The evidence indicated that the brothers acted in concert, having conspired to kill Tadia to forestall the impending complaint and as retribution for Francisco’s earlier assault on Remegia.
The killing was characterized by treachery (alevosia), as the ambush involved a surprise attack from an elevated position where Tadia could not defend himself.
Additional aggravating factors included the use of deadly weapons and the careful orchestration of the assault, ensuring that Tadia would be unable to resist.

Whether sufficient credence may be given to Francisco Diaz’s plea of self-defense in light of the evidence against him.
Whether Gerardo Diaz’s claim of an alibi is credible given the inconsistencies and contradictions in his testimony and that of his relatives.

Whether the prosecution has successfully proven that Francisco and Gerardo Diaz conspired to murder Quintin Tadia.
Whether the evidence supports holding the brothers collectively liable for the murder, rather than assigning separate and distinct crimes.

Whether the killing qualifies as murder by virtue of treachery (alevosia) and evident premeditation, particularly in Francisco Diaz’s conduct.
Whether the mode of the ambush—exploiting a position of superiority and unpredictability—justifies the imposition of heightened penalties.