People vs Samaro G.R.

173248 November 3, 2008

Facts:

The appellant Samaro is one of the three accused who attacked, assaulted and hit with a piece
of wood on the head. He stabbed the chest of the deceased Virgilio Antolin with a bladed weapon.

The accused Samaro is found guilty of murder. Qualified by treachery and sentenced to
reclusion perpetua.

Issue:

Whether or not the accused Samaro is guilty of murder. (yes)

Held/Ruling:

Yes, Samaro is guilty of murder. As provided in Art 248, murder is committed when a person
killed another with given attendant circumstances mentioned in the article. Attendant circumstances
maybe ; treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense or means of persons to insure impunity.

With the case given, there is no treachery and evident premeditation. It was not proven that
the accused made preparation to the kill the victim and planned a method which will make certain of
their safety while at the same time ensuring the killing of the victim.

But the abuse of superior strength is present. The perpetrators combined their efforts in
number and in weapons. One boxed the victim, the other struck the head of the victim while another
accused stabbed the victim. The joint actions pointed to a common design to end the life of the victim.
This showed that the act of one performing is pursuant to the design deemed to be the act of all.

The crime of murder was qualified by abuse of superior strength and penalized with reclusion
perpetua.

The SC affirmed the decision of the CA with the following modifications;1.) actual damages is
reduced to 55,438 2.) accused ordered to pay heirs of victim 1,010,552.40 as indemnity.