Case Summary (G.R. No. 235787)
Proceedings Below
Roberto died during trial. The RTC dismissed the Information against him but proceeded against the accused-appellant alone. After presentation of prosecution and defense evidence, the RTC convicted the accused-appellant as a principal by inducement of parricide, sentencing her to reclusion perpetua and ordering civil indemnity of ₱50,000 and exemplary damages of ₱25,000. On appeal, the CA affirmed the conviction but increased civil indemnity to ₱100,000, moral damages to ₱100,000, and exemplary damages to ₱100,000.
Trial Court Findings
• Credited testimony of eyewitnesses Mac-Mac and Ajie that accused-appellant ordered the killing (“yariin na”).
• Found accused-appellant’s alibi uncorroborated; failure to present her son as a witness undermined her claim.
• Held accused-appellant guilty as principal by inducement under Article 246, RPC.
Court of Appeals Findings
• Upheld the RTC’s assessment of witness credibility despite minor inconsistencies, recognizing the stress of the event.
• Affirmed that accused-appellant’s words constituted direct and efficacious inducement.
• Confirmed reclusion perpetua and modified damage awards.
Issue on Appeal
Whether the accused-appellant is criminally liable for parricide as a principal by inducement or as co-principal in conspiracy under the RPC.
Applicable Legal Principles
• Parricide (Article 246, RPC): Killing of one’s spouse, among others, punishable by reclusion perpetua to death.
• Principal by inducement (Article 17, RPC): One who directly induces another by words of command to commit a crime. Inducement must be the determining cause, with intent and persistent effort.
• Conspiracy: Implied when co-actors aim at a common unlawful object, each performing overt acts; all conspirators are equally liable.
• Penalty application (Article 63[2], RPC): When two indivisible penalties apply without aggravating or mitigating circumstances, impose the lesser.
Analysis on Inducement and Conspiracy
The Supreme Court agreed with lower courts that:
• The accused-appellant’s Tagalog phrase “yariin na” unmistakably means “finish off” or kill. Uttered in a prearranged setting, it evinced her intent and exerted powerful moral coercion over Roberto.
• Her role as lookout alongside an unidentified companion and the sequence of events (waiting, identifying the victim, the shooting, and joint flight) establish an implied conspiracy to kill. Under conspiracy doctrine, each conspirator is a co-principal regardless of who fired the fatal shot.
Evaluation of Evidence
• The eyewitnesses were disinterested parties with no motive to falsely implicate the accused-appellant. Their accounts were consistent on critical points: presence, uttered words of command, actions of co-accused, and flight.
• Dr. Marquez’s autopsy established a close-range gunshot wound to the head, corroborating eyewitness accounts.
• The accused-appellant failed to substantiate her alibi, offering only her uncorroborated testimony while neglecting to present her son.
Penalty and Damages
• Parricide carries reclusion perpetua to deat
Case Syllabus (G.R. No. 235787)
Facts
- On April 15, 2007 at around 9:30 PM in Antipolo City, three laborers—Mark Lawrence Sarmenta (“Mac-Mac”), Ajie Bryle Balandres (“Ajie”) and one Eugene—were scooping small amounts of cement at Aqualand, Sitio San Luis, Puting Bato.
- The laborers saw two men and a woman waiting nearby in a well-lighted grassy area. The woman was later identified as Florenda Manzanilla y De Asis (accused-appellant); one man was Roberto Gacuma y Cabreana; the third person remained unidentified.
- Mac-Mac overheard Florenda tell Roberto that her husband’s name was Angel, and heard her utter in Tagalog: “pagbabalakan patayin” and “bilis-bilisan baka may makakita.”
- Ajie corroborated that he heard Florenda say “yariin na,” interpreted as an incitement to kill.
- About thirty minutes later Angel Manzanilla (victim) arrived and Roberto accosted him, declaring, “kilala mo ba ako? Ako iyong kabit ng asawa mo.”
- Florenda and the unidentified companion stood 5 to 6 meters away as Roberto, carrying a gun, led the victim toward a darker portion of the road. A gunshot followed, and the three eyewitnesses hid in fear.
- After the shot, Roberto ran back to Florenda; they fled on a motorcycle while the unidentified companion walked away.
- Police arrived shortly thereafter; the witnesses later identified Florenda and Roberto as those last seen with the victim.
- Hermie Manzanilla (brother of the victim) learned of the death three days later from Florenda, located Mac-Mac and Ajie in May 2007, and urged them to testify.
- Dr. Jose Arnel Marquez performed the autopsy, finding a gunshot wound that entered the right mandibular region and exited the left lateral neck, causing instantaneous death; muzzle-to-wound distance was 6–12 inches and the shot likely came from the front-right.
Version of the Prosecution
- Charged Florenda and Roberto with parricide under Information dated April 15, 2007.
- Witnesses: Hermie Manzanilla, Mac-Mac, Ajie, Eugene (unofficially), and Dr. Marquez.
- Eyewitnesses testified to overhearing Florenda’s inciting words, Roberto’s approach and introduction to the victim, and the subsequent leading of the victim to a dark spot where he was shot.
- The three men and Florenda acted in concert—lookout, inducement, execution, and escape.
- Autopsy findings confirmed fatal gunshot wound consistent with witness accounts.
- No evidence of ill motive on the part of Mac-Mac