PEOPLE VS.

AVILA
G.R. No. 84612 March 11, 1992
Ponente: PADILLA, J .:

Facts:
Parties involved:
o Victim Gregorio P. Murillo, governor of Surigao del Sur
o Accused - Diosdado Avila, Agapito Agrabio and Aurelio Silvoza
o Accused-appellant - Diosdado Avila and Agapito Agrabio
At about 5:30am of October 23, 1985 along the national highway of Tandag, Surigao del Sur, while the
victim was inside his car seated beside the driver, whereas Mrs. Murillo, (wife of the Governor) was
seated behind, Avila, accompanied by Agrabio, shot Murillo at the head, using a .45 caliber pistol,
resulting to the Murillo's death.
Silvoza (the other co-accused) was not present at the time the crime was committed as he was at the
hinterland resting because he was then sick.
Avila and Agrabio were on a mission to kill. They were members of liquidating squad of New Peoples
Army (NPA) and killed the governor upon the order of senior officer, Commander Celo.
Governor Murillo killed because of his corruption in not giving on time the salaries of the employees in
the provincial government, and that, instead, he gave the salaries first to the military whom he
maintained as his personal bodyguards.
RTC decided that accused Avila and Agrabio was guilty of murder but later on amended its decision
and found both accused guilt of rebellion. However, amended decision has no legal force since RTC
had already lost jurisdiction when the appeal was earlier perfected.

Issue/ Related Topic:
Retroactive effect of penal laws favorable to the accused
o At the time the crime was committed (23 October 1985), the presidential decree in force and
effect was P.D. 1834 which amended Article 135 of the RPC, by imposing a penalty of reclusion
perpetua to death for those found guilty of rebellion regardless of group
First group - those who promote, maintain, or head a rebellion, or who, while holding any
public office or employment, take part therein, engaging in war against the forces of the
government, destroying property or committing serious violence, exacting contributions
or diverting public funds from the lawful purpose for which they have been appropriated
Second group - those who merely participate in or execute the commands of others in a
rebellion
o But we take note that pending the present appeal, R.A. 6968 was enacted and is now in full
force, which provides for the penalty of reclusion perpetua for offenders belonging to the "first
group", and reclusion temporal only for those falling under the "second group" of rebellion.

Held:
Both accused appears to be politically motivated and tainted. Thus, Avila and Agrabio guilty of rebellion
under Art. 135, par. 2 of RPC (not murder); Silvoza acquitted
Penalty: Reclusion temporal in its medium period- fourteen (14) years, eight (8) months and one (1) day
to seventeen (17) years and four (4) months
o Accused belong to second group; RA 6968 applies rectroactively
Indemnify, solidarily, the heirs of the deceased former Governor Gregorio P. Murillo in the amount of
P50,000.00