Republic of the Philippines

SUPREME COURT
Manila

SECOND DIVISION

G.R. No. 72892 January 7, 1987

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
FRANCISCO VIRAY alias BOROKIO, defendant-appellant.

The Solicitor General for plaintiff-appellee.

CLAO for defendant-appellant.

PARAS, J.:

Francisco Viray (together with Alejandro, Eulogio, Gregorio, Alberto, and Juan all surnamed Paras)
was charged with the crime of murder in an Information reading as follows:

That on or about the 12th day of October 1980, between the hours of 4:00 and 5:00
o'clock in the afternoon, in Barangay Sta. Lucia, Municipality of Masantol, Province of
Pampanga, Philippines, and within the jurisdiction of this Honorable Court, the said
accused conspiring together and mutually helping one another, taking advantage of
their superior strength with treachery and evident premeditation, with intent to kill, did
then and there willfully, unlawfully and feloniously attack, stab with bladed weapons
and struck with hollow blocks, the person of ROSELLER CAYANAN, inflicting upon
the victim fatal and mortal wounds, which Caused his death thereafter.

ALL CONTRARY TO LAW.

After trial, all the accused (with the exception of appellant Viray, who was then at large) were
convicted of murder (qualified by treachery).1 On December 13, 1984, appellant was arrested by the Integrated National
Police. After trial he was found guilty in the decision of September 9, 1985, the decretal part of which reads:

WHEREFORE, premises considered, judgment is hereby rendered finding the

accused Francisco Viray alias "Borokio" guilty beyond reasonable doubt of the crime
of murder qualified by treachery and hereby sentences said accused Francisco Viray
alias "Borokio" to suffer the penalty of Reclusion Perpetua with the accessory
penalties provided for by law and to pay the heirs of Roseller Cayanan the sum of
THIRTY THOUSAND PESOS (P30,000.00), Philippine Currency, by way of
indemnity for the death of said Roseller Cayanan and to pay the costs of this suit,

SO ORDERED.

Hence, the present appeal raising the following as the sole assignment of error:

ASSIGNMENT OF ERROR
THE TRIAL COURT GRAVELY ERRED IN CONVICTING ACCUSED-APPELLANT OF MURDER
QUALIFIED BY TREACHERY DESPITE INSUFFICIENCY OF EVIDENCE ADDUCED BY THE
PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.

The prosecution evidence as synthesized by the People's Brief tends to show the following facts:

In the late afternoon of October 12, 1980, Consolation Manansala was on her way
home walking along the narrow street of Ilang-Ilang in Sta. Lucia, Masantol
Pampanga. Her companions were the deceased Roseller Cayanan nephew of her
husband, Librado Manansala, and her eleven year old son Charlie Manansala.
Consolacion was walking behind the deceased, followed by her son, when suddenly
the brothers Alejandro and Eulogio Paras rushed them from behind. Alejandro pulled
the deceased by the shoulder, while Eulogio held his hands behind to prevent him
from defending himself. (tsn., pp. 5-9, Feb. 6, 1985). Eulogio then picked up a piece
of hollow block from the road and hit Roseller on the head with it. Whereupon,
Alejandro drew out a hunting knife and stabbed the victim in the stomach. At this
Instance, accused-appellant Francisco Viray, alias "Borokio","uncle of the Paras
brothers, assisted by their father, Juan Paras, and the latter's two other sons, Alberto
and Gregorio Paras, took turns in boxing, kicking and throwing hollow blocks at the
victim Consolacion Manansala tried to pacify the attackers by shouting, "Do not kill
him, do not kill him " and by embracing the victim from behind to the extent of injuring
her hands in the process and had to be treated at the Macabebe Emergency
HospitaL (tsn., pp. 9-12, February 6, 1985). The assailants then fled leaving the
deceased lying on his back unconscious. Consolacion started shouting for help and
some persons responded and brought the victim to the Macabebe Emergency
Hospital in a tricycle (tsn., pp. 13-16, Feb. 6, 1985). Upon arrival at the hospital, the
lwphl@itç  

victim was pronounced dead by Dr. Ladislao H. Yuchongco, Jr., Chief of the Hospital.
His findings were contained in a medical report. Said findings revealed that the victim
sustained several injuries, the fatal ones being that which damaged the brain and a
stab wound which penetrated the heart. (Exh. "B," tsn., pp. 7-11, Feb. 18, 1985).

The day following the incident, October 13, 1980, Consolacion Manansala informed
the police investigator that a person by the name of alias "Borokio" (appellant
Francisco Viray) also participated in the killing of the deceased. (tsn., pp. 17-18, 21-
22, February 13, 1985).

Upon the other hand, the following appears in the Appellant's Brief:

The defense presented Francisco Viray, Pat. Rogelio Alfonso and Prudencio Viray.

Francisco Viray testified that he was residing at 7024 Jasmin Street, Makati, Metro
Manila and worked as an inspector with Jonel Transportation Company plying the
Quiapo- Guadalupe route (tsn, pp. 8-9, Feb. 20, 1985). Eulogio, Gregorio, Alberto
and Alejandro, all surnamed Paras, were his nephews, while Juan Paras was the
latter's father. On October 12, 1980, he went to Sta. Lucia, Masantol Pampanga and
arrived thereat in the afternoon. While he was walking along sitio Ilang-ilang, Sta.
Lucia, he saw his nephew, Lucio Paras, wounded lying on the road, Lucio Paras
requested him to carry him but because he was afraid he ran to the house of his
Kakang Ising and reported the same to her. He stayed in that house, slept there and
did not leave the place.
 Francisco Viray likewise declared that he was not with Gregorio Paras, Alberto
Paras, Eulogio Paras and Juan Paras in assaulting Roseller Cayanan. He stayed in
the house of Feliciana Usi for three days and returned to Manila thereafter. He went
home to Masantol Pampanga many times and all the while he did not know that he
was being implicated in the case. When he was arrested on December 19, 1984 by
the INP of Masantol, Pampanga, he was not informed of the reason why he was
being apprehended (Ibid, pp. 11-27).

Pat. Rogelio Alfonso testified that he is a member of the Masantol Pampanga Police
Station. On March 11, 1985 he presented to the court the police blotter of their
station dated October 12, 1980 and read the entries made therein regarding the
death of Roseller Cayanan wherein accused Francisco Viray was not among those
reported as suspect in the death of said Roseller Cayanan (tsn., pp. 36, March 11,
1985).

Prudencio Viray averred that Francisco Viray is his cousin and that Alejandro,
Eulogio, Alberto and Gregorio all surnamed Paras, were his nephews while Juan
Paras is his brother-in-law, On October 12, 1980 between 4:00 and 5:00 o'clock in
the afternoon he was in Sta. Lucia, Masantol, Pampanga due to the death of his
brother-in-law, Flaviano Sunga. While they were making an accounting of the
expenses on the death and burial of Flaviano Sunga he heard about the stabbing
incident. He along with his brothers and his brother-in-law went to the road and saw
Eulogio Paras lying down and being stabbed by Roseller Cayanan. Thereafter he
heard Consolacion Manansala saying "do not kill him" at the same time embracing
Roseller Cayanan. Later on he saw Roseller Cayanan lying dead and Eulogio Paras
crawling. His brother brought Eulogio Paras to Batasan Emergency Hospital. He did
not see Francisco Viray at the place of the incident. (tsn., pp. 7-11, March 11, 1985). lwphl@itç

After a study of the case, We have come to the conclusion that, there is greater credibility on the part
of the prosecution.

There is of course no question about the participation and liability of the Paras' family. We are
concerned here merely with the actuations of appellant Viray.

We do not believe Viray's assertion that he did not participate at all in the attack and that he was not
present when the crime was taking place. Witness Consolacion Manansala saw him leading the
second attack on the fallen Roseller Cayanan. And on this matter she was corroborated by her
young son Charlie Manansala. Both saw Viray pick up a piece of hollow block with which he hit
Roseller Cayanan,

We quote from the transcript (quoted in the Appellant's Brief). re the testimony of Consolacion
Manansala:

Q Then what happened with Roseller Cayanan when he was hit with
a hollow block and stabbed on the stomach by the two Parases?

A He fell on the ground.

Q When Roseller Cayanan was already lying on the ground, what

else happened?
 A Thereafter, his father and brothers came led by Francisco Viray
then Alberto Paras, then Gregorio Paras and Juan Paras, sir.

Q When these persons you have just mentioned arrived at the place
where Roseller Cayanan was lying, what did they do?

A They got pieces of hollow block and hit him on the head, they
kicked him and boxed him, sir. (pp. 9-11, Feb. 6, 1985).

With respect to the existence of a conspiracy, We quote with approval the following apt observations
of the Solicitor General:

However, he contends that the prosecution failed to establish by clear and

convincing evidence that his participation was by virtue of a pre-conceived plan or
conspiracy between him and the other accused. In support thereof, he points, out,
that, according to Manansala's testimony, when appellant, along with Alberto,
Gregorio and Juan, all surnamed Paras, arrived at the scene of the incident, the
deceased was already lying on the ground seriously wounded, if not already dead.

This pretence is devoid of merit. True, that the same decree of proof necessary to
establish the crime is required to support a finding of the presence of a criminal
conspiracy. But it is equally true that direct proof is not essential to prove conspiracy
which may be established by the facts and circumstances surrounding the case. And
in the instant case, the existence of conspiracy is amply shown by the circumstances
surrounding the commission of the crime. The mode and manner in which the
offense was perpetrated indubitably show that the malefactors acted in concert
pursuant to the same objective. While appellant was not in sight when the brothers
Alejandro and Eulogio Paras commenced mauling and stabbing the deceased, the
fact that he appeared immediately thereafter and, together with the other two Paras
brothers, Gregorio and Alberto, and their father, Juan, joined in assaulting the victim
by kicking and hitting him with hollow blocks, can lead to no other logical conclusion
that that appellant was part of the conspiracy to kill the deceased. Surely, no one will
believe that appellant just happened to be around at the time and that he acted
independently of the four Paras brothers and their father. Moreover, his flight after
the incident leans heavily against his innocence.

Anent treachery or alevosia be it noted among other things that appellant (and the rest) continued to
hit and kick the victim, even when he was already unconscious, to make sure he would die.

WHEREFORE, the appealed decision is hereby AFFIRMED.

SO ORDERED.

Feria (Chairman), Fernan, Alampay and Gutierrez, Jr., JJ., concur.

Footnotes

1 They are now serving their sentence (reclusion perpetual in Muntinglupa.)