7.

People vs Lacao 201 SCRA 317

Facts:
Prosecution witness Mila parto heard a commotion at the wake of her aunt. The commotion arose from a card
game of Baltazar Lacao II and Mansueto Rivera. While in an argument, Lacao unsheathed his knife and
pointed to Rivera’s neck, but Rivera’s wife intervened to prevent further incident. Lacao then went inside the
house wielding his knife causing for the other guests to panic.
Cpl. Jose G. Inocencio, Jr. (victim) went inside to pacify the people. He held Lacao’s hand holding the knife
and Lacao said: “Nyor, release me.” Cpl. Inocencio did not release him not until Lacao’s mother, Patria, asked
him to release his son. After release, Lacao suddenly stabbed Inocencio in right side. Baltazar Lacao, Sr. and
his other son Baltazar Lacao III, together with his wife Patria Lacao and his sister, Trinidad, rushed inside the
house and surrounded the victim. The men then stabbed the victim several times with knives while the women
hit him with tools. Cpl. Inocencio died afterwards.
The RTC of Capiz charged the appellants with complex crime of murder with direct assault upon an agent of a
person in authority. Baltazar Lacao II appeals with self-defense claiming that the victim fired his gun prior to
stabbing and contends that the trial court erred in holding that treachery is a qualifying circumstance in the
crime by all appellants.

Issue:
4        (    A+*   
  -  =;    
40,
*B++


4*(A+*
++
"?
Whether or not the accused is guilty of complex crime of murder with direct assault.

Ruling:
YES. Aside from the appellant’s admission of killing the victim, the medico-legal shows that the victim, who is a
person with authority, was stabbed 15 times which caused his death. Moreover, the SC agreed to the trial
court in giving credence to the prosecution’s identification of the appellants as the culprit. Herein appellants,
although apparently acting without prior agreement, also instantly and all together attacked Cpl. Inocencio.
Even if their aforesaid acts were independently performed on their individual initiatives, such concerted action
ensured the commission of the crime without risk to them arising from any defense or retaliation that the victim
might have resorted to.