G.R. No. L-68790 - People vs. Lagrana y Manibo

On December 3, 1981, at around 8:00 P.M., Benito Adarlo (the Victim) was seated along the roadside near Eladio de Villa’s store in Dao, Naujan, Oriental Mindoro.
Frangeline Salazar, the co-accused, was present with the Victim and was seen holding one of his right arms under her armpit.

Carlo Lagrana, an uncle of Salazar, arrived at the scene carrying a lighted flashlight.
Lagrana focused his flashlight on the Victim’s face and struck him on the head with a piece of wood (referred to as "kakawati"), approximately one meter long, causing immediate incapacitation.
The Victim fell face downward and, although he was rushed to the provincial hospital, he remained unconscious until his death on December 6, 1981.
The autopsy determined the cause of death as "shock secondary to severe intracranial hemorrhage secondary to skull fracture secondary to head trauma."

Nestor Adarlo, the Victim’s brother, who was nearby, attempted to assist his brother despite being challenged by Lagrana.
Another eyewitness, Pio Sigalat, observed the events from about five (5) meters away and testified about Lagrana’s actions including carrying a flashlight and the piece of wood.

Both Lagrana and Salazar were initially summoned for investigation on December 4, 1981 by the police authorities and were released at first.
Subsequently, charges were filed for murder; however, trial proceedings began initially only against Carlo Lagrana while Salazar was later arrested in 1983 and tried as an accomplice.

Carlo Lagrana claimed self-defense, asserting that the Victim, who was intoxicated, chased him with a knife, thereby justifying his use of force.
Salazar contended that after drinking liquor with the Victim, he became fearful when challenged by the Victim and eventually left him behind; he additionally claimed that both he and Lagrana went to report themselves to the police the following morning.

The trial court found no merit in either accused’s defenses. It held that the mere act of reporting the incident did not amount to a voluntary surrender.
Carlo Lagrana was convicted as the principal perpetrator of murder and sentenced to reclusion perpetua (life imprisonment), with additional accessory penalties.
Frangeline Salazar was convicted as an accomplice, sentenced to an indeterminate penalty ranging from imprisonment (prision mayor) to reclusion temporal, with accessory penalties.
Both accused were ordered to indemnify the legal heirs of the Victim, Benito Adarlo, with a total of ₱12,000.00, apportioned ₱8,000.00 for Lagrana and ₱4,000.00 for Salazar, in accordance with Article 110 of the Revised Penal Code.

The trial court noted that the accused did not voluntarily surrender, as their reporting to the authorities was not unconditional and accompanied by defense claims.
Credit for the full or partial term of preventive imprisonment was to be accorded pursuant to Article 29 of the Revised Penal Code as amended by Republic Act No. 6127, subject to compliance with disciplinary rules mandated for convicted prisoners.

Whether the trial court erred in dismissing the alleged mitigating circumstance of voluntary surrender.

The accused argued that their actions the following morning constituted a voluntary surrender and should have mitigated the penalty imposed.

Whether the self-defense plea raised by Carlo Lagrana was substantiated by the evidence on record.

The Court examined if Lagrana’s claim of self-defense, relying on the assertion that the Victim was chasing him with a knife while inebriated, was credible in light of the eyewitness testimonies and corresponding forensic evidence.