4.

PEOPLE OF THE PHILIPPINES VS ALEX REGALARIO

FACTS: At about 9:00pm in September 18, 1986, Menardo Garcia, the victim,
along with Glenda and Romano were walking in the premises of the Quezon
National High School on their way home after being dismissed from class.
Outside the school gate, the six accused Regalario, Pabillar, de Chavez,
Quiniquito, Villagracia, Jr., and Desembrana, joined them.
Accused-appellant Pabillar asked the victim where the knife was. Menardo Garcia
answered that the knife was no longer with him then Pabillar boxed him and told
his companions to attack him.
Menardo Garcia ran away and was chased by the six accused. The six accusedappellants overtook the victim and, acting in unison, they boxed him. Then de
Chavez said, "Tarantado si Menardo, niloloko ako". After that, Regalario stabbed
the victim once with a knife. Despite being stabbed, the six accused-appellants,
still acting in unison, continued boxing Menardo Garcia until he was down. The
six accused hurriedly left the scene together.
Menandro Garcia died of shock due to massive internal hemorrhage.
Accused-appellants Regalario, Pabillar and de Chavez invoked the circumstance
of minority when the crime was committed.
The RTC, however, ruled that the accused-appellants failed to prove that they
were minors when the offense took place.
ISSUES: 1. Whether or not the Court erred in not considering the testimonies of
Quiniquito, Villagracia, Jr. and Desembrana.
2. Whether or not the Court erred in not considering the age of
minority of accused-appellants Regalario, Pabillar, and de Chavez during the
commission of the crime.
HELD: The penalties imposed by the RTC on accused-appellants Quiniquito,
Villagracia, Jr., and Desembrana are correct since the crime of murder was
aggravated by abuse of superior strength, hence their penalties should be in the
maximum period, or reclusion perpetua.
Upon the other hand, Regalario, Pabillar and De Chavez ,who were clearly minors
when the offense was committed, are entitled to the mitigating circumstance of
minority under paragraph 2, Article 68 of the Revised Penal Code and these three
accused-appellants are penaltized of 8 years and 1 day of prision mayor, as
minimum, to 14 years, 8 months and 1 day of reclusion temporal, as maximum.