G.R. No. L-38346-47 - People vs. Dioso

The case involves the People of the Philippines as plaintiff-appellee versus Teofilo Dioso and Jacinto Abarca, defendants-appellants.
The accused were inmates at the New Bilibid Prison in Muntinglupa, Rizal, serving sentences for prior offenses: Abarca for homicide, Dioso for robbery.
Both were members of the "Batang Mindanao" gang, while the victims, Angelito Reyno and Fernando Gomez, prisoners as well, belonged to the rival "Happy Go Lucky" gang.
Prior clashes had occurred between these gangs, including a deadly altercation causing the death of a "Batang Mindanao" member named Balerio.

In retaliation for Balerio's killing, Dioso and Abarca resolved to avenge his death by targeting Reyno and Gomez, whom they suspected responsible for the killing.
On September 12, 1972, at around 6:15 am, Abarca feigned illness to gain admission to the prison hospital ward where Reyno and Gomez were confined due to sickness. Dioso accompanied him.
Inside Ward 6, Reyno was eating breakfast, and Gomez was lying on a wooden bed ("tarima") under a mosquito net.
Dioso approached Reyno and spoke briefly, while Abarca went to Gomez's tarima. Both then simultaneously drew their improvised knives ("matalas").
Abarca lifted the mosquito net and stabbed Gomez; Dioso stabbed Reyno who then fell. Afterwards, Dioso joined Abarca in stabbing Gomez multiple times.
After the attack, both suspects exited the ward, encountered Prison Guard Enriquito Aguilar, surrendered themselves, and handed over their weapons.

Dr. Ricardo E. Baryola, medico-legal officer of the NBI, performed autopsies confirming that both victims died from massive bleeding due to multiple stab wounds in the chest and abdomen.
The accused were immediately interrogated by prison investigator Buenaventura dela Cuesta. Both voluntarily executed sworn confessions acknowledging responsibility for the murders.
Dioso’s sworn statement detailed the attack sequence, including killing Reyno first and then helping to finish Gomez before surrendering to the guard.
Abarca’s confession corroborated Dioso’s account, confirming their coordinated attack and surrender.
The motive disclosed was retaliatory: they avenged the murder of their gang member Balerio, believed to have been killed by members of the "Happy Go Lucky" gang.

Upon arraignment for murder, Dioso and Abarca pleaded guilty voluntarily.
The trial court ordered presentation of evidence to assess the degree of culpability despite the plea.
Both acknowledged the voluntariness of their confessions.
The trial court found the manner of killing showed alevosia (treachery), as the victims were defenseless—one eating and the other lying down under a mosquito net—making the attack sudden and unexpected.

The accused did not challenge their guilt on appeal but sought reduction of the penalty based on mitigating circumstances such as voluntary surrender and guilty plea.
The Court noted that as quasi-recidivists (committing murder while serving sentences for earlier offenses), the accused were punishable by death under Article 160 of the Revised Penal Code regardless of mitigating or aggravating circumstances.
However, due to the lack of majority votes, the Court commuted the death sentences to reclusion perpetua.
Dioso and Abarca were further ordered to indemnify the heirs of the victims jointly and severally in the amount of P30,000.00.

Whether the circumstances of the crime warrant the imposition of the death penalty or a lesser penalty such as reclusion perpetua considering mitigating and aggravating circumstances.
Whether the confessions and evidence sufficiently prove the guilt of the accused beyond reasonable doubt.
Whether voluntary surrender and plea of guilty should mitigate the penalty imposed on the accused.