High Court spares 3 massacre suspects from death

Three of the four suspects in the September 1995 massacre of four members of the Payumo family in Sta. Rosa, Laguna escaped death after the Supreme Court upheld their conviction but lowered their sentence to four life terms each.

Eleven justices voted to incarcerate Maximo Delmo, Edmund Delmo and Francisco Lapiz for life for the killing of Nancy Payumo, 40, and her children Joan Rose, 17; Ma. Angela, 15; and John Anton, 13.

They were also held liable for the frustrated murder of the youngest Payumo child, 11-year-old Helen Grace or "Sweet," who survived despite two stab wounds in the neck and waist.

The Supreme Court acquitted the fourth suspect, Lapiz’s brother Danilo, due to "reasonable doubt," ruling that the prosecutors failed to convince the tribunal of his liability. A Biñan, Laguna Regional Trial Court meted him a life term, for being an accomplice, in March 1997.

The Delmos and Francisco Lapiz were ordered to indemnify Helen Grace and her father Angelito, who was out of the house during the attack, of almost P1 million in damages.

In a 41-page ruling penned by Justice Leonardo Quisumbing, the Supreme Court said the Biñan RTC erred when it treated as aggravating circumstance the use of superior strength, which is a qualifying circumstance.

"This is erroneous. Once abuse of superior strength is absorbed, only the latter circumstance will be appreciated. Once abuse of superior strength is absorbed in treachery, it cannot be treated even as a generic aggravating circumstance," the High Court said.

Despite the 11 stab wounds inflicted on Nancy, 22 on Joan, 29 on Ma. Angela and 15 on Anton, the Supreme Court ruled "the number of stab wounds does not per se give rise to cruelty."

"For cruelty to be appreciated against an accused, there must be a showing that the accused for his pleasure and satisfaction, caused the victim unnecessary physical and moral pain," the tribunal said.

"The record in these cases (was) bereft of any showing that appellants (Delmo et al) sadistically augmented the wrongs committed by causing another wrong not necessary for the commission of crimes, so as to increase the victims’ sufferings," it added.