G.R. No. L-30527 - People vs. Pio Ricohermoso, Severo Padernal, Juan Padernal, Rosendo Perpenan, Macario Monterey, and Rito Monterey

Geminiano de Leon - Victim, owner of a parcel of land in Barrio Tagbacan Silangan, Catanauan, Quezon.
Fabiana Rosales - Geminiano's 33-year-old common-law wife.
Marianito de Leon - Geminiano's 24-year-old son.
Rizal Rosales - Accompanied Geminiano.
Pio Ricohermoso - Defendant and cultivator of Geminiano’s land as kaingin.
Severo Padernal - Defendant, Ricohermoso's father-in-law.
Juan Padernal - Defendant, Severo’s son and Ricohermoso's brother-in-law.
Rosendo Perpenan, Macario Monterey, and Rito Monterey - Co-defendants acquitted by trial court.

On January 30, 1965, at about 9 a.m., Geminiano, Fabiana, Marianito, and Rizal met with Ricohermoso in Barrio Tagbacan Silangan to discuss the share of palay (harvested rice) from Geminiano’s land.
Initially, Ricohermoso told Geminiano to come to his house anytime for the palay.
Around 2 p.m. the same day, Geminiano returned and sat in front of Ricohermoso’s house with Fabiana, while Marianito stood nearby holding a .22 caliber rifle.
When Geminiano asked for his palay share, Ricohermoso, now hostile, refused and declared he would not give any palay.
At that moment, Ricohermoso drew a bolo and approached Geminiano from the left; Severo Padernal simultaneously approached from the right with an axe.
Geminiano pleaded with Severo, raising his hands in supplication.
Ricohermoso stabbed Geminiano on the neck with the bolo, causing him to fall face down; Severo then hacked Geminiano’s back with the axe.
Simultaneously, Juan Padernal tackled Marianito from behind, holding him forcibly and disarming him of his rifle. Marianito passed out and was later found to have multiple abrasions.
Geminiano died at approximately 2 p.m. on the same day due to fatal neck wounds (carotid artery and jugular vein severed) and back wounds as certified by Dr. Isabela A. Matundan.

The appellants asserted that when Geminiano returned demanding palay, Ricohermoso claimed the land was public and refused.
They alleged Geminiano unsheathed a bolo first and attacked Ricohermoso, who then defended himself by stabbing Geminiano on the neck and body.
They contended Ricohermoso acted in self-defense and that Severo Padernal and Juan Padernal were not involved in the killing or conspiracy.
This version aimed to shift all responsibility to Ricohermoso, who was a fugitive and thus untried.

The trial court convicted Severo Padernal and Juan Padernal of murder, sentencing each to reclusion perpetua and ordering payment of damages to Geminiano’s heirs.
The court also convicted them of lesiones leves (minor injuries) against Marianito, each sentenced to 15 days of arresto menor.
Rosendo Perpenan, Rito Monterey, and Macario Monterey were acquitted.
Severo Padernal withdrew his appeal, effectively accepting the trial court’s findings and the prosecution’s version.
The only question raised on appeal by Juan Padernal was whether he conspired with Ricohermoso and Severo to kill Geminiano.

Whether Juan Padernal conspired with Pio Ricohermoso and Severo Padernal in the killing of Geminiano de Leon.
Whether the act of Juan Padernal in preventing Marianito de Leon from shooting Ricohermoso and Severo Padernal constitutes a justifying circumstance under the avoidance of a greater evil (par. 4, Art. 11, Revised Penal Code).
Whether the evidence shows the presence of treachery (alevosia) in the killing of Geminiano de Leon.
Whether the convictions for lesiones leves imposed on the appellants with respect to Marianito de Leon are proper.