People v. Alincastre (G.R. No. L-29891)

 

G.R. No. L-29891 

August 30, 1971

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant,

vs.

NENITO ALINCASTRE Y NABOR, PABLO SALCEDO Y PINEDA, ROGELIO LORENZO Y VILLAFUERTE AND MAMERTO LORENZO Y CHICO, defendants-appellants.

Facts:

Nenito Alincastre testified that he had killed the mayor in pursuance of a plan concocted by Mamerto Lorenzo, with the assistance and cooperation of his son, Rogelio Lorenzo, of appellant Pablo Salcedo, and one Narciso Cruz, as well as other prominent politicians in the locality and elsewhere. Subsequently, Nenito dies in the New Bilibid Prison. In the evidence of the prosecution, Nenito was in prison for robbery when Pablo Salcedo, Rogelio Lorezno and Narciso Cruz visited Nenito because "the old man" needed him and that he would escape jail. He was able to escape and from there, he planned to kill Mayor Gordon.  Mamerto showed Nenito a picture of the mayor and described his physical appearance, as well as explained that the mayor used to go to church. When their plan was finalized, they began their plan the next day. Rogelio woke Ninito and Nenito, Rogelio, Narciso, and Pablo headed to the city hall. Nenito had a hand revolver and a grenade given by Pablo. Rogelio would signal Cruz and Cruz would signal Nenito. The mayor alighted from a Volkswagen and proceeded to talk to a woman. Alincastre approached the mayor and shot him with the gun and ran away. Porfirio, the victim’s body guard, tried to chase Nenito but failed. The next day, Alincastre was apprehended by peace officers, the latter also found Lorenzo and Salcedo in the same area.

The defense each denied their involvement with the murder and the Judge accepted the version of the prosecution. Mamerto Lorenzo had the motive to commit the offense since Mayor Gordon had relieved him of his office as Chief of Police of Olongapo. When Mayor Gordon dies, he was supposed to be Chief again since the vice mayor was his compadre. Pablo, whose house was used for purposes of prostitution, and Rogelio Lorenzo, who supplied customers therefor, would gain materially in these activities should Mamerto Lorenzo become the chief of police.

Issue:

Is there an aggravating circumstance of price or reward?

Ruling:

Yes. “Art. 14. Aggravating circumstances.—The following are aggravating circumstances:

11. That the crime be committed in consideration of a price, reward, or promise.

Aggravating circumstances of price or reward affects equally the offeror and the acceptor.—As a price and reward were offered to the other defendants, this circumstance classifies the crime as murder. As all the defendants contributed towards the attendance of this circumstance, it should affect each and all of them. Indeed, the established rule in the Spanish jurisprudence is to the effect that the aggravating circumstance of price, reward, or promise thereof affected equally the offeror and the acceptor.  Mamerto Lorenzo made the offer or promise of reward to Nenito Alincastre in consideration of a price or reward for himself — the office of chief of police of Olongapo and the "tongs" were expected to go with it.