Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Unlagada (G.R. No. 141080)

Facts: The plaintiff-appellee is the People of the Philippines. The accused-appellant is Anecito
Unlagada. In the case at bar, on January 27, 1989 Danilo Laurel left his house together with
Edwin Selda, a visitor from Bacolod City, to attend a public dance at Rizal St., Taytay,
Hinigaran, Negros Occidental. After two hours, Danilo asked Edwin to take a short break from
dancing to attend to their personal necessities outside the dance hall. Once outside, they decided
to have a drink and bought beer. Not long after, Danilo, halfway on his first bottle, left to look
for a place to relieve him. According to Edwin, he was only about three meters from Danilo who
was relieving himself when a short, dark bearded man walked past him, approached Danilo and
stabbed him. Danilo retaliated by striking his assailant with a bottle of beer. Almost
simultaneously, a group of men numbering about seven ganged up on Danilo and hit him with
assorted weapons. Edwin being frightened, could only watch helplessly as Danilo was being
mauled and overpowered by his assailants. Danilo fell to the ground and died before he could be
given any medical assistance.

Issue: Is the appellant guilty for murder.

Held: The Supreme Court said that the killing of the deceased was not within the definition of
the death caused in a tumultuous affray in Article 251 of the RPC. It is said that for it to be
committed, it must be a free-for-all. Since the circumstances would show that several persons are
compromised by definite or identifiable groups, such crime cannot be committed. In this case,
the prosecution was able to prove the circumstance of treachery, sufficient to hold the appellant
guilty for murder.