People vs. Campit, et.al. (2017)

PEOPLE OF THE PHILIPPINES vs. CRESENCIO CAMPIT & EMILIO MACAWILI

G.R. No. 225794, December 6, 2017

MARTIRES, J:

Facts: Accused-appellant Cresencio and Emilio, who were apparently drunk, passed by the store of Leon. Emilio stayed on the other side of the road, while Cresencio approached Leon. Cresencio pressed Leon to lend him money but the latter did not heed his request. Suddenly, Cresencio pulled out a knife from his waist and repeatedly stabbed Leon five times, more or less. Leon turned away from Cresencio and attempted to escape, but he was met by Emilio who grabbed his left shoulder and stabbed him on his chest. Leon fell on his back in front of the bodega, while Cresencio and Emilio ran away and fled.

The RTC and CA held that the qualifying circumstance of taking advantage of superior strength attended the killing of Leon.

 Issue: Whether or not the circumstance of abuse of superior strength is present.

 Ruling: No, abuse of superior strength did not attend the commission of the felony.

For the qualifying circumstance to be appreciated, it must be shown that the aggressors combined forces in order to secure advantage from their superiority in strength. Thus, it had been held that when the victim was attacked by the assailants alternatively, the claim that the accused abused their superior strength could not be appreciated.

In this case, only Cresencio approached Leon while the latter was in his bodega. Thereafter, Cresencio, following an argument, stabbed Leon multiple times. It was only when Leon escaped from Cresencio that Emilio appeared and stabbed the victim on his chest. Considering that the perpetrators attacked the victim alternatively and did not combine their superior strength to overwhelm the victim, they could not be said to have taken advantage of their superior strength.

Ratio Decidendi: For the qualifying circumstance of abuse of superior strength to be appreciated, it must be proven that the accused simultaneously assaulted the deceased.

 Gist: On appeal is the Decision of the Court of Appeals, which affirmed the Decision of the Regional Trial Court of Calauag, Quezon, Branch 63, finding herein accused-appellant Cresencio Campit guilty beyond reasonable doubt of the crime of Murder.