EN BANC

[G.R. No. 128286. July 20, 1999]

PEOPLE OF THE PHILIPPINES, plaintiff, vs. GILBERT
BASAO y MAA !"# PEPE ILIGAN y SALAHA$, accused,
PEPE ILIGAN y SALAHA$, accused-appellant.
% E I S I O N
GON&AGA'RE$ES, J.(
Accused Gilbert Basao y Maca and accused-appellant Pepe Iligan y Salahay were
charged before the egional !rial Court of !andag" Surigao del Sur" Branch #$" with one
%&' count of obbery and two %#' counts of (urder in three separate Infor(ations" )i*+
Cri(inal Case No, C-&-+
.!hat on the /&-th0 day of April &11- at about &#+&2 o3cloc4 in the afternoon"
(ore or less" at the National 5ighway" barangay %sic' Pag-antayan"
(unicipality %sic' of Cantilan" Pro)ince of Surigao 6el Sur" Philippines and
within the 7urisdiction of this 5onorable Court" the abo)e-na(ed accused"
conspiring" confederating and (utually helping each other" with intent to gain"
did"then and there" willfully" unlawfully and feloniously ta4e" steal and carry
away fro( the dead body of P8Insp, 9oerlic4 :aburada and 6ra, Arlyn
:aburada" the following ite(s" to wit+
;ne %&' Caliber ,-< pistol )alued at P#2"222,22
;ne %&' IC;M handset adio - 1"222,22
;ne %&' PNPA gold ring - ="222,22
>ith a total )alue of P?$"222,22 to the da(age and pre7udice of the heirs of the
)icti(s in the aforestated a(ount,
C;N!A@ !; AA> %In )iolation of Article #1- of the e)ised Penal Code'
Cri(inal Case No, C-&<+
!hat on the &-th day of April &11-" at &#+&2 o3cloc4 in the afternoon" (ore or
less" at the National 5ighway" barangay %sic' Pag-antayan" (unicipality %sic' of
Cantilan" pro)ince of Surigao del Sur" Philippines and within the 7urisdiction of
this 5onorable Court, !he abo)e-na(ed acccused" conspiring" confederating
and (utually helping each other" ar(ed with high-powered firear(" with intent
to 4ill" treachery and e)ident pre(editation" did" then and there" willfully and
unlawfully and feloniously assault" attac4 and shoot 6ra, Arlyn :aburada who
is four %-' to fi)e %<' (onths pregnant hitting and inflicting upon the latter"
(ultiple gunshot wounds on her body" which wounds or in7uries ha)e caused
the instantaneous death of said 6ra, Arlyn :aburada" to the da(age and
pre7udice of her heirs in the following a(ounts+
P<2"222,22 B as life inde(nity of the )icti(
&2"222,22 B as (oral da(ages
&2"222,22 B as eCe(plary da(ages
C;N!A@ !; AA> %In )iolation of Article #-= of the e)ised Penal
Code'" with the presence of the following aggra)ating circu(stances+
&, !hat the cri(e was co((itted with insult or in disregard of the respect due to the
offended party on account of her seC and ran4 being a doctorD
#, !here is abuse of superior strength" treachery and e)ident pre(editationD
?, >ith cruelty by deliberately and inhu(anly aug(enting the suffering of the )icti("
outraging or scoffing at her person or corpse,
Cri(inal Case No, C-&E+
!hat on &-th day of April &11- at &#+&2 o3cloc4 in the afternoon" (ore or less"
at the National 5ighway" barangay %sic' Pag-antayan" (unicipality %sic' of
Cantilan" pro)ince of Surigao del Sur" Philippines and within the 7urisdiction of
this 5onorable Court" the abo)e-na(ed accused" conspiring" confederating and
(utually helping one another" ar(ed with a high-powered firear(" with intent
to 4ill" treachery and e)ident pre(editation" did" then and there" willfully"
unlawfully and feloniously assault and shoot P8Insp, 9oerlic4 :aburada" Chief
of Police" Cantilan Police Station" thereby hitting and inflicting upon the latter
(ultiple wounds on his body" which wounds ha)e caused the instantaneous
death of said P8Insp, 9oerlic4 :aburada" to the da(age and pre7udice of his
heirs in the following a(ounts+
P<2"222,22 - as life inde(nity of the )icti(
&2"222,22 - as (oral da(ages
&2"222,22 - as eCe(plary da(ages
C;N!A@ !; AA> %In )iolation of Article #-= of the e)ised Penal
Code'" with the presence of the following aggra)ating circu(stances+
&, !hat the cri(e was co((itted with insult or in disregard of the respect due to the
offended party on account of his ran4 being the Chief of Police of the place,
#, !here is abuse of superior strength" treachery and e)ident pre(editation,
>hen Branch -& of the egional !rial Court of Cantilan" Surigao del Sur was
created and duly organi*ed all of the abo)e-(entioned cases were transferred to it,
;n 9anuary &?" &11<" Gilbert Basao was arrested while the accused-appellant
re(ained at large, Fpon his arraign(ent on August ?" &11<" accused Gilbert Basao" duly
assisted by his counsel" entered a plea of .Not Guilty,G !hereafter" a separate trial was
conducted only as against accused Gilbert Basao of Cri(inal Cases Nos, C-&-" C-&<" and
C-&E,
;n August &<" &11E herein accused-appellant was arrested by the ele(ents of the
PNP at the Post ;ffice of Pasay City,
;n ;ctober &-" &11E" Gilbert Basao y Maca was acHuitted
/&0
by the trial court in all
the three charges for robbery and two %#' separate cri(es of (urder for failure of the
prosecution to pro)e his guilt beyond reasonable doubt, !he trial court found that the
e)idence of the prosecution has (iserably failed to establish the identity of the accused in
all these three afore(entioned cases, !he prosecution had also failed to present eynaldo
Angeles and Pastor A(po" Sr," the letter sender who infor(ed SP;- Manuel A, A*arcon
that eynaldo Angeles was the person who pawned the ring of the late At, 9oerlic4
:aburada, !hese persons could ha)e shed light as to the identity of the culprit, !he
affida)it eCecuted by Gilbert Basao during his custodial in)estigation was li4ewise found
by the trial court to be inad(issible due to certain constitutional infir(ities with respect
to his right to counsel" to be infor(ed of such rights and the safeguards enshrined under
the Constitution whene)er an accused is under custodial in)estigation,
;n ;ctober &$" &11E" the accused-appellant Pepe Iligan y Salahay" duly assisted by
his counsel" entered a plea of .Not GuiltyG to the afore(entioned charges upon his
arraign(ent before sa(e court which tried these cases against Gilbert Basao,
!he e)idence for the prosecution was deri)ed (ainly fro( the testi(onies of
accused-appellant3s co-accused" Gilbert Basao" and eynaldo Angeles, !he testi(onies
of SP;- Manuel A*arcon
/#0
and SP;# 6o(inador Pla*a
/?0
at the separate trial of these
sa(e cases against Gilbert Basao were reproduced to buttress the e)idence for the
prosecution against appellant Iligan, 6r, Auciano ;rtega" the physician fro( Cantilan
Poly(edic 5ospital" issued (edical certificates
/-0
regarding the post-(orte(
eCa(inations on the bodies of the )icti(s" the :aburada spouses,
Gilbert Basao testified
/<0
that fro( &11? to &11-" herein accused-appellant used to
stay in the house of his uncle" Gabino Maca" at Padiay" Sibagat" Agusan del Sur, 5e
4nows that the accused-appellant is a (e(ber of the Citi*ens Ar(ed :orces Geographical
Fnit %CA:GF' assigned at Gacub" Car(en" Surigao del Sur,
Basao recalls that on April &-" &11- at 1+22 o3cloc4 in the (orning" the accused-
appellant arri)ed at the house of his uncle in full CA:GF unifor( with an M-&E
ar(alite, !he accused-appellant as4ed hi( if he could go with hi(%accused-appellant' to
Carrascal for the( to .(a4e (oneyG, >hen he %Basao' agreed they both too4 a 7eep
fro( 5inapoyan to Madrid" then fro( Madrid to Cantilan" Surigao del Sur, !hey
alighted at the CalteC Station Crossing at Cantilan" Surigao del Sur where they proceeded
to a waiting shed and herein accused-appellant instructed hi( to wait for a (otorcycle
bound for Carrascal, After awhile" the accused-appellant went towards a store 7ust
opposite the waiting shed" about &< (eters in distance" to buy so(e cigarettes, >hen he
hailed an approaching (otorcycle" the accused-appellant told hi( that he still wanted to
s(o4e a cigarette, A few (inutes later another (otorcycle passed by and he
was surprised why the accused-appellant loo4ed at it, >hen the accused-appellant was
about siC %E' to eight %=' (eters away fro( the (otrocycle" he %accused-appellant' strafed
its passengers with his ar(alite" with (ore or less #2 bullets" hitting 9oerlic4 :aburada
and his wife" 6ra, Arlyn :aburada, 6ra, Arlyn :aburada" who rode at the bac4" was
thrown on the street while 9oerlic4 :aburada was dragged by the (otorcycle until it fell
flat on the ground, 9oerlic4 :aburada was then wearing a type .AG Polo shirt police
unifor( while his wife was wearing a white blouse, After shooting the )icti(s" accused-
appellant too4 one ,-< caliber pistol" one IC;M adio 5andset and one PNPA gold ring
fro( the body of 9oerlic4 :aburada, Basao further narrated that herein accused-appellant
instructed hi( to get the (otorcycle for their ride but when he was not able to re-start the
)ehicle" the accused-appellant shouted at hi( that they will 7ust wal4 through the coconut
plantation and ricefield, Both of the( proceeded on foot towards the house of Pastor
Pigneo A(po" accused-appellant3s brother-in-law" in Madrid" Surigao del Sur, !here" the
accused-appellant stayed behind while he %Basao' went to the house of his uncle at
5inapoyan" Car(en" Surigao del Sur before proceeding towards his boarding house in
Guingona Subdi)ision" Butuan City,
>itness Basao also declared in court that on April &1" &11-" the accused-appellant
went to his boarding house together with eynaldo Angeles and as4ed hi(%Basao' to
pawn the class ring of the )icti(" which reHuest he refused, Accused-appellant then
retorted that eynaldo Angeles will 7ust be the one to pawn the ring, eynaldo Angeles
pawned the ring at M-Ahuillier Pawnshop for P#"&22,22 for which a receipt was
issued, Afterwards all three of the( proceeded to the ed Apple Bar for a drin4ing
spree, >hile at the said place" the herin accused-appellant ad(itted to hi(%Basao' that
he %the accused-appellant' shot At, :aburada and his wife because .he %At, :aburada'
co((itted a wrong or Iatraso3 against (eG and as to the )icti(3s wife the accused-
appellant said that .what can I do" she rode on the (otorcycle with At, 9oerlic4
:aburada,G 5owe)er" accused-appellant did not tell hi( what the wrong or Iatraso3 was
about, 5e further narrated that eynaldo Angeles was beside hi( when the accused-
appellant told the story about the death of the :aburada spouses, After they were through
with their drin4ing spree" he %Basao' and Angeles proceeded to their respecti)e ho(es
while the accused-appellant planned to go to Cagayan the following day, 5e further said
that although he is not related to either of the two )icti(s" the reason why he now
testified against the accused-appellant is because the death of the :aburada spouses
bothered his conscience,
SP;- Manuel A, A*arcon" the 6eputy Chief of Police of Cantilan" Surigao del Sur"
testified
/E0
that on April &-" &11-" a certain odrigo Elea*ar reported that a police(an and
a wo(an was shot at about ?2 to -2 (eters fro( Cantilan Poly(edic 5ospital and about
& 4(, Away fro( Barangay Magasang" where he was conducting a pulong-pulong
regarding the forthco(ing elections, >hen he and his (en reached the scene of the
cri(e they identified the two dead bodies to be that of At, 9oerlic4 :aburada" Chief of
Police of Cantilan" and his wife 6ra, Arlyn :aburada, In the course of his in)estigation"
he found out that At, :aburada3s ,-< caliber pistol )alued at P?E"222--2"222" adio
IC;M 2#N 5andset )alued at P1"222 and class ring were all (issing, After ta4ing so(e
photographs of the bodies of the )icti(s and finishing the custo(ary police in)estigation"
they brought the bodies of the )icti(s to the Cantilan Poly(edic 5ospital where the two
)icti(s were declared dead on arri)al,
Se)eral days later" on April #$" &11-" while A*arcon was at his residence in Aininti-
an" Cantilan Surigao del Sur" P;# >arlito Cale brought to hi( an en)elope containing
two %#' handwritten letters of Pastor Martin A(po" Sr," who( he 4new )ery well for the
latter freHuently )isited Cantilan" Surigao del Sur, !he letters re)ealed that the class ring
of At, :aburada was pawned by eynaldo Angeles of Cabadbaran" Agusan del Norte at
the M-Ahuillier Pawnshop in Butuan City, 5e presented the letters to the CIS tea(
headed by S8Insp, Buena)entura A, Mendo*a for e)aluation, ;n April #1" &11-" as per
instruction in the letter" he %SP;- A*arcon' and the CIS tea( of S8Insp, Mendo*a
proceeded directly to the $th day Ad)entist Church in Cabadbaran where they (et Martin
A(po" Sr, !he latter told the( that eynaldo Angeles also stayed in the sa(e
co(pound, Martin A(po" Sr, called eynaldo Angeles" who confir(ed that the accused-
appellant and Gilbert Basao were the ones who told hi( to pawn the class ring of the
)icti( in Butuan City, !hey then proceeded to the M-Ahuillier Pawnshop together with
Angeles and redee(ed the class ring for P#"222 for which a receipt was issued %EChibit
G',
>itness eynaldo Angeles", >hose wife is the first cousin of the wife of the
accused-appellant" identified Gilbert Basao as his class(ate since his ele(entary
grades, 5e testified
/$0
that for two %#' years fro( &11#" accused-appellant has been
engaged in logging acti)ities at their place at Padiay" Sibagat" Agusan del Sur, ;n April
&1" &11- at about ?+22 o3cloc4 in the afternoon" Basao and accused-appellant went to his
apar(tnet at Montegrande J(, ?" Baan" Butuan CityD accused-appellant as4ed hi( to
acco(pany the( %Basao and herein accused-appellant' to downtown Butuan City, >hen
they %Angeles" Basao and herein accused-appellant' had reached the place" the accused-
appellant as4ed hi( .brod I ha)e a ring you will pawn this and you will be the one to
sign the receipt"G and he acceded to the reHuest, 5e pawned the ring at the M-Ahuillier
Pawnshop for P#"&22,22 for which a corresponding receipt was issued, After recei)ing
the said a(ount" all of the( proceeded to the ed Apple in Butuan City to drin4
beer, !here" he said" the accused-appellant ad(itted to hi( that he %accused-appellant'
shot At, 9oerlic4 :aburada" the owner of the ring he pawned" with his M-&E rifle because
At, :aburada is )ery strict in enforcing the laws against illegal logging, !he accused-
appellant also ad(itted shooting 6ra, Arlyn :aburada" the wife of At, :aburada" because
after the (otorcycle turned turtle 6ra, :aburada tried to crawl to get the ,-< caliber of her
husband,
>itness Angeles confir(ed the testi(ony of A*arcon that on April #1" &11-" while
he was at Kuarry $th 6ay Ad)entist Church" Cabadbaran" Agusan del Norte" Boy
A*arcon" together with Captain Mendo*a and his (en as4ed hi( if he was really the one
who pawned the ring of At, :aburada and he replied that he was (erely reHuested by two
persons to pawn the ring at the M-Ahuillier Pawnshop, Afterwards" all of the( went to
Butuan City and redee(ed the ring fro( the pawnshop, 5e also ad(itted ha)ing
eCecuted a sworn state(ent
/=0
on April #1" &11- ta4en by a police officer of Cantilan in
connection with this case,
;n cross-eCa(ination" Angeles testified"
/10
a(ong others" that when Basao and the
accused-appellant went to his apart(ent at Montegrande J(, ? Baan" Butuan City" he did
not 4now the (ain purpose of their )isitD that it was the accused-appellant who in)ited
hi( to go to Butuan CityD that he noticed that the letters .PNPAG were engra)ed in the
outer portion of the ringD that he was reHuested by Basao and the accused-appellant to
pawn the ringD and that when he pawned the ring at the M- Ahuillier Pawnshop .he
thought that the gold ring ca(e fro( a good source,G
;n re-direct eCa(ination" Angeles declared that when he redee(ed the ring at the M-
Ahuiller Pawnshop together with the CIS tea(" he saw that the ring had an inner (ar4ing
of .9oerlic4 :aburada,G 5e also stated that e)en if the accused-appellant is related to his
wife" being first cousins" he is not afraid to gi)e a state(ent against the accused-appellant
because nobody forced hi( to testify against the latter and it was his own decision to do
so,
SP;# 6o(inador Pla*a" the Police Co((unity elations ;fficer and In)estigator of
Cantilan Police Station" testified
/&20
that At, 9oerlic4 :aburada is their Chief of Police in
CantilanD that there were (any people who got (ad at the latter because of his strict
i(ple(entation of the law especially in illegal logging" illegal possession of firear(s and
othersD
/&&0
and that the latter did not assent to any negotiations with respect thereto, In fact
an anony(ous letter sent to the office of the (ayor" petitioned for the ouster of At,
9oerlic4 :aburada because the latter allegedly caused the spread of pest or cholera in their
town,
Accused-appellant Pepe Iligan put up the defense of denial and alibi,
!he accused-appellant contro)erted the e)idences against hi( by denying the
sa(e, 5e denied the following" to wit+
/&#0
that he 4nows the two )icti(s" 9oerlic4
:aburada and 6ra, :aburadaD
/&?0
that he 4nows Gilbert Basao and that he has seen the
latter on April &-" &11-D
/&-0
that he is related to eynaldo AngelesD he also denied that he
saw Angeles during the (onth of April &11-D
/&<0
that he was in the house of Angeles at
Baan" Agusan del Sur on April &1" &11-D
/&E0
that he reHuested Angeles to pawn a ring for
hi(D
/&$0
that he was with Basao when Angeles pawned the ring of At, :aburada at the
Ahuillier Pawnshop" and that he had a drin4ing spree with the( afterwardsD
/&=0
that he told
a story to Angeles that he personally shot At, 9oerlic4 :aburada with an ar(alite rifleD
/&10
and that he has e)er been in possession of an ar(alite rifle not an M&E" M&- or an
e)en rifle,
/#20
Accused-appellant3s defense of alibi hinges on his clai( that on April &-" &11- he
was on duty as a CA:GF in a detach(ent in Gacub the whole day, Before he was
arrested on August &E" &11E at a Post ;ffice in Pasay City" he went to Canlubang" Palao
Lillage to wor4 so that he can help his brothers and sisters, At the ti(e of his arrest" he
was infor(ed by the arresting officer that a case was filed against hi(, 5e only learned
about the case when the arresting officer brought hi( to the police station where he
denied that he co((itted it,
;n cross-eCa(ination"
/#&0
accused-appellant testified that he was a CA:GF (e(ber
assigned at the E$th Infantry BattalionD that although there were M-&E ar(alite rifles in
said infantry battalion he was only issued a garand rifleD that fro( the ti(e he beca(e a
CA:GF (e(ber in &11? to the ti(e he was dropped fror( the rolls he ne)er went to the
E$th Infantry BattallionD that he was dropped fro( the rolls as a CA:GF in the year &11-
due to the pendency of these cases against hi(" and that he did not surrender to the
authorities because he was afraid that he (ight be shotD that he (et eynaldo Angeles in
Jola(bugan" Agusan del Sur when he stayed there for E (onthsD and stated that he
4nows the wife of Angeles because the wife of Angeles is the first cousin of his %accused-
appellant' wifeD that he does not 4now why Angeles testified against hi( for there was no
instance when he filed a case against the latter nor that the latter filed a case against hi(D
contrary to his earlier denial he ad(itted that he 4new Gilbert Basao when he was at
Padiay" Agusan del Sur in &11# and that the latter resides in Butuan City because Basao
studies in that place,
!o corroborate the accused-appellant3s alibi" the defense presented the testi(ony of
Alfredo @agao" who for three years was the Barangay Captain of 5inapoyan" Car(en"
Surigao del Sur, @agao testified
/##0
that he 4new the accused-appellant to be a resident of
Sitio Gacub" 5inapoyan" Car(en" Surigao del Sur, ;n April &-" &11-" he was in Gacub
hauling bananas fro( (orning to afternoon where other people" so(e of who( were
CA:GF3s" were also present, 5e saw accused-appellant at the waiting shed" the place
where bananas were stoc4ed, !he accused-appellant was with fi)e %<' co(panions and
when he as4ed the( where they were going they answered that they were 7ust
roa(ing, 5e also testified that accused-appellant was still at the waiting shed when he
left in the afternoon,
;n cross-eCa(ination"
/#?0
@agao testified that the accused-appellant is a CA:GF
(e(ber of the E$th Infantry BattalionD that on April &-" &11- he saw herein accused-
appellant carrying a long firear(" and was then acco(panied by se)eral CA:GF
(e(bersD that he arri)ed at the waiting shed at =+22 o3cloc4 in the (orning to haul
bananas and left the place at -+22 o3cloc4 in the afternoon,
!he trial court found the accused-appellant guilty beyond reasonable doubt of two
counts of Murder and one %&' count of obbery, It opined that the accused-appellant
really intended to 4ill At, :aburada and not to go to Carrascal" Surigao del Sur contrary to
what he originally told Gilbert Basao, !he court" ta4ing note of the fact that Angeles and
the accused-appellant are in-laws whose wi)es are first cousins and that the accused-
appellant has influence o)er Angeles by reason of his being a CA:GF (e(ber" relied on
the testi(ony of eynaldo Angeles that it was the accused-appellant who reHuested hi(
%Angeles' to pawn the ring of At, 9oerlic4 :aburada, It also found that the (oti)e of
accused-appellant in 4illing At, :aburada was due to the latter3s )ery strict enforce(ent
of the laws particularly on illegal logging and too4 7udicial notice of the fact that the
(unicipalities of Cantilan" Carrascal" Madrid" Car(en and Aanu*a fall within the
territorial 7urisdiction of !C" Branch -& and are gifted with abundant )irgin forest, !he
trial court re7ected the defense of denial and alibi and did not gi)e probati)e )alue to the
testi(ony of Alfredo @agao" the defense witness" considering that during the preli(inary
in)estigation against Gilbert Basao and herein accused-appellant" @agao clai(ed in his
affida)it that on April &-" &11- he was at Gacub at &#+22 o3cloc4 up to &+22 o3cloc4 p,(,
while during his direct testi(ony" @agao testified that he was at Gacub" 5inapoyan"
Car(en Surigao del Sur fro( =+22 o3cloc4 a,(, up to -+22 o3cloc4 p,(, and saw accused-
appellant and his fi)e %<' co(panions without (entioning Gilbert Basao,
!he dispositi)e portion of the 7udg(ent reads+
.>5EE:;E" in )iew of all the foregoing considerations" this Court finds+
a' In Cri(inal Case No, C-&-" accused Pepe Iligan y Salahay" guilty beyond
reasonable doubt of the cri(e of obbery as defined and penali*ed under
Paragraph < of Article #1- of the e)ised Penal Code" there being no
aggra)ating nor (itigating circu(stances and applying the indeter(inate
sentence law" he is hereby sentenced to suffer an i(prison(ent ranging fro(
four %-' years to two %#' (onths and one %&' day of Prision Correcional as
(ini(u( to eight %=' years and ;ne day of Prision Mayor as (aCi(u(, to pay
the )icti( through the heirs of At, 9oerlic4 :aburada the su( of P?$"222,22
without subsidiary i(prison(ent in case of insol)ency and to pay the
cost, Being detained" he is credited in the ser)ice of his sentence with the full
ter( of his pre)enti)e i(prison(ent" if he agreed in writing to abide by the
disciplinary rules i(posed upon con)icted prisoners" otherwise -8< hereof,
b' In Cri(inal Case No, C-&<" accused Pepe Iligan y Salahay" guilty beyond
reasonable doubt of the cri(e of Murder Hualified by treachery as defined and
penali*ed under Article #-= of the e)ised Penal Code as a(ended and
a(ended by Section E of the epublic Act No, $E<1" is hereby sentenced to the
(aCi(u( penalty of death, !o pay the heirs of the )icti( 6ra, Arlyn
:aburada" the su( of P<2"222,22 as life inde(nity of the )icti(D P&22"222,22
for burial and actual eCpensesD P<22"222,22 for (oral da(ages and P&2"222,22
for eCe(plary da(ages and to pay the cost,
c' In Cri(inal Case No, C-&E" accused Pepe Iligan y Salahay" guilty beyond
reasonable doubt of the cri(e of Murder Hualified by treachery defined and
penali*ed under Article #-= of the e)ised Penal Code as a(ended and
a(ended by Section E of epublic Act No, $E<1" is hereby sentenced to the
(aCi(u( penalty of death, !o pay the heirs of the )icti( At, 9oerlic4
:aburada the su( of P<2"222,22 as life inde(nity of the )icti(D P&22"222,22
for burial and actual eCpensesD P<22"222,22 for (oral da(ages and P&2"222,22
for eCe(plary da(ages and to pay the cost,
Pursuant to Section ## of epublic Act No, $E<1" let the cri(inal records in
cri(inal cases nos, C-&< and C-&E be forwarded to the Supre(e court of the
Philippines for auto(atic re)iew within twenty %#2' days but not earlier that
fifteen days after the pro(ulgation of these 7udg(ents,
!he 6irector of Prisons" New Bilibid Prisons" Muntinlupa City through the
Pro)incial >arden of Surigao del Sur is ordered to ta4e i((ediate custody of
the con)icted prisoner,
S; ;6EE6,G
/#-0
!he accused-appellant raises the following assign(ent of errors in his brief+
I
!5E !IAA C;F! C;MMI!!E6 GALE E; IN A6MI!!ING IN
ELI6ENCE !5E !ES!IM;N@ ;: GIABE! BASA; AS A >I!NESS :;
!5E P;SECF!I;N,
II
!5E !IAA C;F! C;MMI!!E6 GALE E; IN EA@ING ;N !5E
!ES!IM;N@ ;: E@NAA6; ANGEAES,
>e find this appeal un(eritorious,
;ur eCa(ination of the e)idence con)inces us that the trial court correctly relied on
the testi(ony of Gilbert Basao which positi)ely established that herein accused-appellant
shot the :aburada spouses with an ar(alite rifle as they were riding tande( on a
(otorcycle in the afternoon of April &-" &11-D At, :aburada sustained &= gunshot
wounds
/#<0
on his face and se)eral parts of his body" and he was dragged by the
(otorcycle as it turned turtle, 5is wife 6ra, Arlyn :aburada" then four %-' (onths
pregnant" was thrown off the (otorcycle and also sustained nine %1' gunshot wounds"
/#E0
and when she atte(pted to reach her husband3s firear( the latter was again shot by
herein accused-appellant
/#$0
, Afterwards the accused-appellant too4 away At, 9oerlic4
:aburada3s .PNPAG gold ring" one ,-< caliber pistol and the latter3s radio handset,
It has been ti(e tested doctrine that a trial court3s assess(ent of the credibility of a
witness is entitled to great weight -- e)en conclusi)e and binding if not tainted with
arbitrariness or o)ersight of so(e fact or circu(stance of weight and influences as in this
case,
/#=0
:or the deter(ination of credibility is the do(ain of the trial court" and the (atter
of assigning )alues to the testi(onies of witnesses is best perfor(ed by it
/#10
which had
the opportunity to obser)e the de(eanor of the witnesses and is in a better position to
e)aluate their testi(onies,
/?20
!hus" unless the trial 7udge plainly o)erloo4ed certain facts
of substance and )alue which if considered (ight affect the result of the case" his
assess(ent on credibility of witnesses (ust be respected,
/?&0
In the case at bar" we find no
cogent 7ustification to depart fro( long standing 7urisprudence,
In support of his first assigned error" the accused-appellant i(putes inconsistencies to
the testi(ony of Gilbert Basao, 5e a)ers that Gilbert Basao3s testi(ony was a co(plete
turn-around fro( his pre)ious testi(onies in the trial of the cases against hi(D and when
Gilbert Basao was on the witness stand during his own trial for these sa(e offenses of
(urder and robbery" he )ehe(ently denied ha)ing had so(ething to do with the a(bush-
slaying of 9oerlic4 :aburada and his wife on April &-" &11-,
>e are not con)inced that there are such contradictions, Accused-appellant failed to
point out specific contradictory state(ents to support his contention, !he records show
that the defense counsel had the opportunity" in the course of Basao3s cross-eCa(ination"
to confront said witness with his alleged inconsistent state(ents and utili*e the sa(e to
discredit his testi(ony, 6uring the cross-eCa(ination of witness Basao" the counsel for
the defense only argued with the witness as regards the reason for the latter3s
acHuittal, !hereafter" the defense counsel )oluntarily wai)ed his right to further cross-
eCa(ine the said witness with respect to particular points of his testi(ony
/?#0
which herein
accused-appellant now points to this Court as aco(plete turn-around fro( said witness3
pre)ious testi(ony before the sa(e court,
>here an allegedly inconsistent state(ent was not related to the witness during the
cross-eCa(ination and was ne)er as4ed to eCplain the sa(e" it cannot later be used to
discredit his entire testi(ony,
/??0
Na)al v, Panday" #$< SCA E<-,?? :or failure to raise the
sa(e when the ti(e was ripe to do so" the defense has defaulted and wai)ed its right to
discredit the testi(ony of Basao, >e ha)e eCa(ined carefully the transcripts but we fail
to find any (aterial inconsistency in the testi(ony of Gilbert Basao that would i(pair his
credibility and render his testi(ony unworthy of credence,
Notwithstanding the defense counsel3s )oluntary wai)er to further cross-eCa(ine
Basao" the trial court conducted its own searching Huestions of the latter, 6espite the
Huestions posed" Basao re(ained steadfast in relating his eyewitness account of the
e)ents that transpired before" during and after the incident when accused-appellant
successfully carried out his cri(inal design to 4ill At, :aburada, !hus+
.C;F! !; !5E >I!NESS+
K After that ,-< caliber pistol was ta4en fro( the body of At, :aburada" one IC;M adio
5andset and a class ring" who carried those ite(sM
A Pepe Iligan,
K >hen you arri)ed at Madrid was Pepe Iligan still holding these articlesM
A @es" sir,
K >hen you parted ways according to you" you went ho(e at 1+22 o3cloc4 in the (orning"
where were these articles" & ,-< caliber pistol" & IC;M adio 5andset and a class ringM
A Pepe Iligan,
K Considering that you were two %#' at the ti(e when these articles were ta4en" did you not
as4ed %sic' for your shareM
A No" sir because I did not 4now the purpose when that was ta4en,
K !he neCt ti(e when you saw hi( at Guingona Subdi)ision at Butuan City did you see that
caliber ,-< pistol" IC;M adio 5andset" and the class ringM
A No" sir,
K >hat did you findM
A ;nly a ring,
K 6o you ha)e any 4nowledge if the caliber ,-< pistol was also pawned by Pepe IliganM
A No" sir,
K 6id he not tell you about the IC;M adio 5andset and the caliber ,-< pistolM
A No" sir,
K !ell the court fran4ly" how did you 4now that the gun which was ta4en fro( At, :aburada is
caliber ,-<M
A I saw it when we were wal4ing,
K >here did he placed %sic' that ,-< caliber pistolM
A At his waist,
K 5ow about the IC;M adio 5andsetM
A At his waist also,
K @ou testified that At, :aburada was shot E to = (eters away fro( Pepe Iligan" what was the
position of Pepe Iligan when he shot At, :aburadaM
A 5e was facing and pointing his gun to At, :aburada,
K >hat position" please de(onstrateM
A %>itness was pointing his firear( in hori*ontal position the barrel directing towards the
)icti(,'
K >hen Pepe Iligan )isited you at Guingona Subdi)ision Butuan City did you ha)e an
agree(ent that you will proceed to Butuan City and he will followM
A No" sir, I was e)en surprised why he arri)ed there,
K In that (orning on April &-" &11- when he ca(e to your house and in)ited you to go to
Carrascal" did he tell you the purpose in going to CarrascalM
A 5e told (e that (ay be we can (a4e (oney in Carrascal,
K :ro( what source if you can re(e(ber" tell the CourtM
A 5e told (e he is a for(er wor4er at Lentura !i(ber Co(pany he (ight (e/e0t %sic' his
friends wor4ing at Lentura,
K !ell the Court at the ti(e when you left your place" did you plan to 4ill 6ra, Arlyn
:aburada and At, 9oerlic4 :aburadaM
A No" sir,
K !he Court obser)ed you the way you tal4" and testified I a( con)inced that you are a friend
of Pepe Iligan" is that correctM
A @es" sir,
K 6id Pepe Iligan confided %sic' to you that he will 4ill so(ebody that is why you acco(pany
hi(M
A No" sir because if he told (e I will not acco(pany hi(,
K >hen you arri)ed at Cantilan and stop at CalteC" did you not notice his unusual doingM
A No" sir,
K >ere you not surprised why he was fully ar(edM
A No" sir because I 4now he was a CA:GF,
K >as it the first ti(e he was in unifor(M
A @es" sir,
K >hat pro(pted you to testify against hi( considering that he is your friendM
A I was bothered by (y conscience that At, 9oerlic4 :aburada and 6ra, Arlyn :aburada will
not be gi)en 7ustice,
K !hat a(ount which was the proceeds of pawned ring" how (uch is your shareM
A 5e did not gi)e (e because I did not as4ed for it,
K 6id not your friend told you that the reason he shot :aburada and his wife as a
conseHuence because he was hired by so(ebody to 4ill :aburadaM
A No" sir,
I ha)e no (ore Huestions,G
/?-0
E)en though Basao (ay ha)e deliberately failed to i((ediately re)eal or disclose
accused-appellant3s identity when these cases were tried against hi(" it is settled that
such delay does not" by itself" render such testi(ony less worthy of credence
/?<0
especially
where possible reatliation fro( the accused could not be dis(issed as (erely fanciful"
since at that ti(e accused-appellant was still at large, If the law and the rules of
procedure do not prohibit an accused who has been found guilty of a cri(e fro(
Hualifying as a witness" there is no reason why Basao should be disHualified fro(
testifying against his co-accused because of his acHuittal, >e find no reason to doubt the
narration of Basao" who was present when the shooting occurred identifying herein
accused-appellant as the one responsible for the death of the :aburada spouses,
eynaldo Angeles corroborated Basao3s testi(onyD Angeles pawned the ring of At,
:aburada upon the reHuest of the accused-appellant" who subseHuently ad(itted to hi(
that he fired at the :aburada spouses,
Fnder the second assign(ent of error" accused-appellant contends that the signature
of eynaldo Angeles in the pawn tic4et and in the rede(ption receipt discredits the
prosecution3s clai( that accused-appellant is the possessor of the ring and that he as4ed
Angeles to pawn the sa(e,
>e are not persuaded, In light of the testi(ony of witness Angeles satisfactorily
eCplaining his possession of the pawned ring" as corroborated by the testi(ony of witness
Basao" the contention of herein accused-appellant cannot be belie)ed, ;ther than
accused-appellant3s bare denials" no satisfactory eCplanation or e)idence was offered to
contro)ert the positi)e testi(onies of witnesses Basao and Angeles before the trial
court, As between the categorical testi(ony which has a ring of truth on one hand and a
bare denial on the other" the for(er is generally held to pre)ail,
/?E0
Accordingly" the
positi)e testi(ony of Angeles that the ring came fromherein accused-appellantD and that
Angeles was 7ust as4ed by the latter to pawn the ring (ust be upheld, At the witness
stand" Angeles was resolute in pointing to herein accused-appellant as the source of the
ring he pawned at the M-Ahuillier Pawnshop" viz+
.6IEC! ENAMINA!I;N
A!!@, CAOE6;+
C C C C C C C C C
K @ou said that you were reHuested by whoM
A Pepe Iligan,
K Now" please tell this 5onorable Court what was then the reason why you were (erely
reHuested by Pepe Iligan to go with the( to Butuan CityM
A >hen I was still in the apart(ent I do not 4now what was their purpose,
C;F!
K @ou said you personally 4now Pepe Iligan" how were you introduced with the( when they
arri)ed at Padiay" Sibagat" Agusan del SurM
A I was introduced by (y wife,
K >hy" is your wife related to Pepe IliganM
A @es" sir,
K 6oes Pepe Iligan usually go to your house at Padiay" Sibagat" Agusan del SurM
A 5e always go there in the year &11#M
K >hat is the relationship of your wife and Pepe Iligan" if you 4nowM
A Maybe they were first cousins or third cousins because they ha)e the sa(e fa(ily na(e,
Proceed
A!!@, CAOE6;
C C C C C C C C C
K >hen you arri)ed in Butuan City at about ?+?2 o3cloc4 in the afternoon" what happenedM
A >e arri)ed at Butuan City" Pepe Iligan ga)e (e a ring and as4ed (e .brod I ha)e a ring
you will pawn this and you will be the one to sign the receiptG,
K 6id you agree with the reHuest of Pepe Iligan to pawn the ringM
A @es" sir,
K In what pawnshop did you pawn the ringM
A M-Ahuillier Pawnshop,
K Showing to you that particular ring can you still identify itM
A @es" sir,
A!!@, CAOE6;
I would reHuest your honor that aside fro( this ring there will be other ring shown to
this >itness so that to a)oid further ob7ection fro( the 6efense,
C C C C C C C C C
A!!@, CAOE6;
K >e are now showing to you Mr, Angeles a ring will you please try to eCa(ine this and tell
this 5onorable Court what relation has this ring to the ring you (entioned earlier that
was pawn/ed0 at M-Ahuillier Pawnshop in Butuan CityM
%>itness is trying to eCa(ine the ring by loo4ing at the front side and the inner side of
the ring',
A !his is the ring,
C;F!
K >hy did you 4now that" that is the said ring that you pawn in M-Ahuillier Pawnshop"
Butuan CityM
A there is a (ar4ing inside and the outside,
K >hat is the (ar4ing insideM
A 9oerlic4 :aburada,
Proceed,
A!!@, CAOE6;
K 5ow about the (ar4ings outsideM
A PNP Acade(y,
C C C C C C C C CG
/?$0
.C;SS ENAMINA!I;N
C;F!
K >ho in)ited you to go to Butuan CityM
A Pepe Iligan,
Proceed,
A!!@, AEPA
K >hen Pepe Iligan in)ited you to Butuan City" Gilbert Basao did not say anythingM
A No" sir,
K 6id Gilbert Basao followed %sic' you and Pepe Iligan to Butuan CityM
A @es" sir,
K And when you reached Butuan City you went to M-Ahuillier Pawnshop" a( I rightM
A @es" sir,
C C C C C C C C C
K Fp to the last (inute when you were already in the pawnshop Gilbert Basao did not say
anythingM
A No" sir,
K Because only as a (atter of fact it was only Pepe Iligan /who0 tal4ed to youM
A @es" sir,
K And he did not say any word about the ringM
A @es" sir,
K And it was you who did the tal4ing about the pawningM
A @es" sir,
K So you controlled the whole transactionsM
A No" sir" when it co(es to the pawning I was the one who pawn /ed0 the ring,
C;F!
K And where did that ring co(e fro(M
A Pepe Iligan,
Proceed,
A!!@, AEPA
K And Pepe Iligan did not say anything when you told hi( that who is the ownerM
A No" sir,
K And you did not try to see the inner inscription of the ringM
A No" sir,
K And you did not also notice that in the outer portion of the ring there is a PNPA engra)e/d0
in that ringM
A ;f course I read it,
C;F!
K >hen you say of course .I read /itG0 what ha)e you seenG
A PNP Acade(y,
K 5ow about inside the ringM
A I did not see the inscription of the engra)e when I pawn the ring,
Proceed,G
/?=0
.E-6IEC! ENAMINA!I;N
A!!@, CAOE6;
K Mr, eynaldo Angeles a while a go you said that when you were as4ed by the counsel of
the defense you said you were able to see and read the (ar4ings outside in this ring and
identified by you as the ring pawned by you at M-Ahuillier Pawnshop" now please tell the
Court at what point of ti(e you were able to see and read the inner (ar4ings of this ring,
A!!@, AEPA
;b7ection" your honor that is (isleadingM
C;F!
;b7ection o)erruled" witness (ay answer,
>I!NESS
A At the ti(e when we already redee(ed the ring together with the CIS tea(,
A!!@, CAOE6;
K >hat ha)e you read in the inner (ar4ing,
A 9oerlic4 :aburada,G
/?10
Angeles thus positi)ely identified the accused-appellant as the person who ga)e the
ring to hi( and who as4ed hi( to pawn the sa(e ring of the late At, 9oerlic4 :aburada,
!he accused-appellant failed to con)incingly ascribe any ill-(oti)e on the part of
Angeles" well enough to truly (a4e hi( fabricate such a serious i(putation as that
recited in his testi(ony, !he defense counsel" e)en the accused-appellant hi(self" could
not i(pute any i(proper (oti)e to the said witness during the trial which (ight ha)e
i(pelled hi( to testify falsely" thus+
.K And in fact you were also testif/y0ing Mr, witness for the passed %sic' E (onths you ne)er
had a Huarrel with eynaldo Angeles" is that correctM
A No sir,
K And in fact Mr, Pepe Iligan up to the )ery ti(e that eynaldo Angeles testified here in open
Court that you were the one who reHuested to pawn the ring to the pawnshop" the ring of
9oerlic4 :aburada and you ne)er ha)e an alter/c0ation with eynaldo Angeles" is that
correctM
A No sir,
K 6o you 4now the wife of eynaldo AngelesM
A @es sir,
K >hat is the na(e of the wife of eynaldo AngelesM
A I forgot the na(e,
K And in fact Mr, >itness you will agree with (e that the wife of eynaldo Angeles is
related to your wifeM
A @es sir,
K >hat is the relation of your wife to the wife of eynaldo AngelesM
A !he (other of the wife of eynaldo Angeles is the brother of the father of (y wife,
K In short your wife and the wife of eynaldo Angeles is first degree cousinM
A @es sir,
K :ro( the )ery ti(e you were with eynaldo Angeles at brgy, Jola(bugan" Agusan del Sur
up to the )ery ti(e when eynaldo Angeles pinpointed %to' you as the person who
reHuested to pawn the ring to the pawnshop is it not the wife of eynaldo Angeles has a
good relation to your wifeM
A @es sir,
K In fact Mr, Pepe Iligan you cannot re(e(ber of any incident that your wife and the wife of
eynaldo Angeles HuarreledM
A No sir,
K 5ow about your fa(ily and the fa(ily of eynaldo Angeles" li4e the parents of your wife
and the parents of the wife of eynaldo Angeles" do you 4now if they HuarreledM
A No sir,
K So that when eynaldo Angeles testified here" you will agree that there was no alter%c'ation
why he pointed %to' you as the person who reHuested hi( to pawn the ring" is that
correctM
A I did not 4now why he pointed %to' (e because I ha)e not done wrong,
K >as there any incident that you filed a case against eynaldo AngelesM
A No sir,
K !here was an incident that eynaldo Angeles filed a case against youM
A No sir,G
/-20
Angeles3 testi(ony is entitled to credence,
!he trial court also correctly held that the defense of denial and alibi failed to pass
the test of credibility, Accused-appellant failed to pro)e that his presence at the place of
the cri(e at the ti(e it was co((itted was physically i(possible,
/-&0
Alibi was not
con)incingly established,
:irst" accused-appellant3s testi(ony that on April &-" &11-" the date when the cri(e
too4 place" he was on duty the whole day in a detach(ent in Gacub" Car(en" Surigao del
Sur was not sufficient, Although alibi" li4e denial" is inherently wea4 and can be easily
fabricated"
/-#0
it could also ser)e as basis for an acHuittal if it could really be shown by
clear and con)incing e)idence that it was indeed physically i(possible for hi( to be at
the cri(e scene at that ti(e,
/-?0
In this case" the accused-appellant did not e)en re)eal
whether or not he had co(panions when he was on duty" who could support his
clai(, !here was no corroborati)e e)idence %i,e," assign(ent order" log boo4 showing
his ti(e of report and discharge" testi(ony of a superior or other persons also assigned in
said place" etc,' to substantiate his clai( that he was indeed in Gacub the whole
day, Accused-appellants failure to present witnesses who could ha)e supported his clai(
tends to show that they would not ha)e corroborated his allegations had they testified,
/--0
Moreo)er" accused-appellant failed to pro)e that the distance between Gacub and the
cri(e scene (ade it physically i(possible for hi( to be at the locus criminis at the ti(e
of its co((ission, :or alibi to offset the e)idence of the prosecution de(onstrating the
guilt of an accused-appellant" the latter (ust establish not only that he was so(ewhere
else when the cri(e was co((itted but also that it was physically i(possible for hi( to
ha)e been at the scene of the cri(e at the ti(e it was co((itted,
/-<0
It is not enough that
the appellant allege that he was so(ewhere else when the offense was co((itted for the
reHuisites of ti(e and place (ust be strictly (et,
/-E0
Accordingly" accused-appellant3s bare
assertions cannot pre)ail o)er the positi)e testi(ony of the prosecution3s principal
witness" Gilbert Basao, :or as between the self-ser)ing testi(ony of the accused and the
positi)e identification by the prosecution witness" the latter deser)es greater credence,
/-$0
!he testi(ony of Alfredo @agao fails to i(press us, As obser)ed by the trial court"
Alfredo @agao offered conflicting state(ents before the court, In his affida)it sub(itted
during the preli(inary in)estigation against Gilbert Basao and the herein accused-
appellant" he clai(ed that he was at Gacub" 5inapoyan" Car(en Surigao 6el Sur fro(
&#+22 o3cloc4 up to &+22 o3cloc4 in the afternoon while in his direct testi(ony gi)en in
open court he testified that he was in Gacub fro( =+22 o3cloc4 a,(, up to -+22 o3cloc4
p,(, where he still saw herein accused-appellant and his fi)e co(panions,
/-=0
Such
o(ission in the affida)it referred to a (aterial point in accused-appellant3s defense of
alibi that one relating as an eyewitness would not be eCpected to fail to (ention, In such
a case" both sworn state(ents" before the court and in the affida)it" being contradictory
state(ents i(peaches @agao3s own credibility,
/-10
:inally" the Court notes that on direct eCa(ination" the accused-appellant clai(ed
that he only learned about these cases when he was arrested in &11E,
/<20
5owe)er" upon his
cross-eCa(ination" he said that he was as4ed to surrender his firear( by the Cadre(an at
the E$th Infantry Battalion and was dropped fro( the rolls of the CA:GF3s in &11- due
to the pendency of these cases against hi(D that when he went to Canlubang" Manila he
was already aware of these cases against hi( and he did not surrender to the authorities
for fear of being shot by the(,
/<&0
It would appear that after he was charged for these
offenses on August ?2" &11-" he beca(e a .fugiti)e fro( 7ustice"G i,e, one who after
being charged" flees to a)oid prosecution,
/<#0
It is a well-entrenched doctrine that an
accused3s flight fro( the scene of the cri(e and his act of hiding hi(self until he was
arrested are circu(stances highly indicati)e of his guilt" for as has been wisely said" the
wic4ed flee e)en when no (an pursueth but the righteous are as bold as a lion,
/<?0
:or a
truly innocent person would nor(ally grasp the first opportunity to defend hi(self and to
assert his innocence o)er a cri(e i(puted against hi(,
/<-0
:or the death of At, 9oerlic4 :aburada" sub7ect of Cri(inal Case No, C-&E" and 6ra,
Arlyn :aburada" sub7ect of Cri(inal Case No, C-&<" the cri(e co((itted was (urder
Hualified by treachery or alevosia.
!reachery eCists .when the offender co((its any of the cri(es against person"
e(ploying (eans" (ethods" or for(s in the eCecution thereof which tend directly and
specially to insure its eCecution" without ris4 to hi(self arising fro( any defense which
the offended party (ight (a4e,G
/<<0
Settled is the rule that an uneCpected and sudden
attac4 under circu(stances which render the )icti( unable and unprepared to defend
hi(self by reason of the suddenness and se)erity of the attac4" constitutes alevosia,
/<E0
Alevosia is ta4en into account" e)en if the deceased was face to face with his
assailant%s'" when the attac4 was so sudden and uneCpected that the )icti( was not in a
position to offer an effecti)e defense,
/<$0
In the instant case" the accused-appellant attac4ed
At, :aburada while the latter was (anning his (otorcycle which he %At, :aburada' and
his wife was riding, >hen the accused-appellant was only about .siC %E' to eight %='
(eters awayG
/<=0
fro( the speeding (otorcycle he suddenly strafed the( with his ar(alite
rifle" attac4ing the :aburada spouses while they were not in any position to offer an
effecti)e defense against their aggressor, Both of these )icti(s were co(pletely
obli)ious of any possible har( the accused-appellant would inflict upon the(,
!he aggra)ating circu(stance of treachery" in Cri(inal Case No, C-&<" was also
properly appreciated by the trial court in the death of 6ra, Arlyn :aburada" the wife of At,
9oerlic4 :aburada, :or e)en assu(ing that accused-appellant only intended to 4ill At,
9oerlic4 :aburada" the treacherous nature of the attac4 was (ade in continuous
aggression that cannot be bro4en up to constitute a separate" distinct and independent
attac4, !he settled rule is that in order to appreciate treachery in continuous aggression"
the sa(e (ust be shown present at the inception of the attac4", as in this case,
/<10
Assu(ing that the real ob7ect of the assault is At, :aburada and that the death of Arlyn
was purely accidental as a result of the accused-appellant3s firing of his M-&E rifle" it
does not (odify the nature of the cri(e nor lessen accused-appellant3s cri(inal liability
under Article - paragraph & of the e)ised Penal Code" to wit+
.Article -, Cri(inal Aiability, -- Cri(inal Aiability shall be incurred+
&, By any person co((itting a felony (delito) although the wrongful act done be
different from that which he intended.
;ur ruling in People v. Guevarra"
/E20
is instructi)e+
.!he cri(e co((itted by the appellant is (urder Hualified by treachery, >hen
he shot the )icti(" appellant was well hidden behind a tree that the )icti(" who
was unar(ed and unaware" had no way of defending hi(self, !hus" appellant
e(ployed (eans" (ethods or for(s to insure the eCecution of the cri(e"
without ris4 to hi(self,G
.As the appellant co((itted the act with intent to 4ill and with treachery" the
purely accidental circu(stance that as a result of the shots a person other than
the one intended was 4illed" does not (odify the nature of the cri(e nor lessen
his cri(inal responsibility" and he is responsible for the conseHuences of his
acts,G
/E&0
.!he Hualifying circu(stance of treachery (ay be properly considered" e)en
when the )icti( of the attac4 was not the one who( the defendant intended to
4ill" if it appears fro( the e)idence that neither of the two persons could in any
(anner put up defense against the attac4 or beco(e aware of it,G
/E#0
Also in People vs. Trinidad"
/E?0
we ha)e held that treachery attended the co((ission
of the felony e)en though the )icti( of the attac4 was not the person who( accused-
appellant intended to 4ill" thus+
.!hat another person" and not the )icti(" was the intended )icti( is not
inco(patible with the eCistence of treachery, Treachery may be taen into
account even if the victim of the attac was not the person whom the accused
intended to ill.
>e" howe)er" disagree with the finding of the trial court that the aggra)ating
circu(stance of e)ident pre(editation attended the 4illing of the :aburada
spouses, 6espite the established fact that the )icti(s were suddenly attac4ed" while
riding a (otorcycle without the )icti(s ha)ing an opportunity to defend the(sel)es fro(
such sudden attac4" the prosecution was not able to pro)e with clear and con)incing
e)idence that the aggra)ating circu(stances of e)ident pre(editation also attended the
co((ission of the cri(e in both Cri(inal Cases Nos, C-&< and C-&E, !his aggra)ating
circu(stance cannot be used to increase the penalty as the prosecution failed to show
when accused-appellant (editated and reflected upon his decision to 4ill the )icti( and
the inter)ening ti(e that elapsed before this plan was carried out, !he records and the
transcripts of stenographic notes are barren of positi)e e)idence of any prior reflection
on" followed after so(e ti(e by persistence in" the cri(inal resolution of the herein
accused-appellant, E)ident pre(editation eCists when the following reHuisites are
present+
&, !he ti(e when the offender deter(ined to co((it the cri(eD
#, An act (anifestly indicating that the culprit has clung to his deter(inationD
?, A sufficient lapse of the ti(e between the deter(ination and eCecution" to allow hi(
to reflect upon the conseHuences of his act,
/E-0
>hile the (oti)e for the co((ission of the cri(e (ay be duly established it does
not constitute sufficient ground to consider the eCistence of e)ident pre(editation,
/E<0
Moti)e (ay be used to indicate the ti(e when the offender deter(ined to co((it the
cri(e and the outward act (anifestly indicating that the culprit has clung to such
deter(ination, 5owe)er" the fact of (oti)e alone is not sufficeint to pro)e the (ost
i(portant ele(ent" the third ele(ent" proof that sufficient lapse of ti(e between the
deter(ination and the eCecution inter)ened to allow the offender to reflect on the
conseHuences of his act,
!o warrant a finding of e)ident pre(editation" it (ust appear not only that the
accused decided to co((it the cri(e prior to the (o(ent of its eCecution but also that
this decision was the result of (editation" calculation" reflection" or persistent atte(pt,
/EE0
In the case at bar" no e)idence was presented regarding the ti(e when the accused-
appellant planned to 4ill the )icti(" and to show that he clung to his deter(ination to 4ill
the deceased" and that sufficient ti(e had elapsed between the deter(ination and
eCecution of the cri(e to allow his conscience to o)erco(e the resolution of his
will, Settled is the rule that when it is not shown as to how and when the plan to 4ill was
hatched or what ti(e had elapsed before it was carried out" e)ident pre(editation cannot
be considered,
/E$0
!he aggra)ating circu(stance of abuse of superior strength alleged in the
afore(entioned two Infor(ations for the death of the spouses :aburada is already
absorbed in the Hualifying circu(stance of alevosia or treachery so the sa(e need not be
appreciated separately,
/E=0
!he aggra)ating circu(stance of .cruelty by deliberately and inhu(anly aug(enting
the suffering of the )icti(" outraging or scoffing at his8her person"G cannot be
appreciated" in both Cri(inal Cases Nos, C-&< and C-&E" for lac4 of sufficient basis in
the e)idence, Cruelty as an aggra)ating circu(stance cannot be appreciated in the
absence of any showing that herein accused-appellant" for his pleasure and satisfaction"
caused the )icti( to suffer slowly and painfully and inflicted on hi( unnecessary
physical and (oral pain,
/E10
!he test in appreciating cruelty as an aggra)ating
circu(stance is whether the accused-appellant deliberately and sadistically aug(ented
the wrong by causing another wrong not necessary for its co((ission or inhu(anly
increased the )icti(3s suffering or outraged or scoffed at his person or corpse,
/$20
!he specific aggra)ating circu(stance of .with insult or in disregard of the ran4 of
the offended partyG alleged in Cri(inal Cases Nos, C-&< and C-&E is" li4ewise"
una)ailing in both cases, !he prosecution failed to establish proof of the specific facts
de(onstrating that the accused-appellant3s act of 4illing At, 9oerlic4 :aburada and 6ra,
Arlyn :aburada was deliberately intended to disregard or insult the respect due the( on
account of their ran4" age" or seC, Although the trial court found that herein accused-
appellant3s act of 4illing the deceased At, 9oerlic4 :aburada was (oti)ated by his
resent(ent at the latters3 strict enforce(ent of the laws nonetheless" (oti)e alone is not
sufficient to show that herein accused-appellant deliberately intended to offend or insult
the ran4 of the )icti(, It is essential that the deliberate intent to offend or insult the ran4
of the )icti( (ust be shown,
/$&0
!he aggra)ating circu(stance of with insult or in
disregard due to ran4 is appreciated against an accused only when there is proof of fact of
disregard and deliberate intent to insult the ran4 of the )icti(,
/$#0
:or the circumstances
aggravating the penalty of an offense must be proved as conclusively as the act
itself! (ere suppositions or presu(ptions being insufficient to establish their presence,
/$?0
Ai4ewise in Cri(inal Case No, C-&<" for the death of 6ra, Arlyn :aburadaD the sa(e
aggra)ating circus(tance cannot be appreciated since no intent was established to
de(onstrate that accused-appellant inflicted such har( by reason of her being a physician
or her relati)e position in ci)il or social life as a physician, :or the aggra)ating
circu(stance of .with insult or in disregard of the respect due the offended party on
account of his ran4" age" or seCG to be appreciated" intent to deliberately cause in7ury by
reason of the ran4" age" or seC of the )icti( (ust be indubitably established,
/$-0
>e"
therefore" find reason to reduce the death sentences i(posed by the trial court in Cri(inal
Cases Nos, C-&<" for the death of 6ra, Arlyn :aburada" and C-&E" for the death of At,
9oerlic4 :aburada, Murder is punishable under Article #-= %&' of the e)ised Penal
Code" as a(ended by ,A, $E<1" which pro)ides+
.Article #-=, "urder, -- Any person who" not falling within the pro)isions of
Article #-E shall 4ill another" shall be guilty of (urder and shall be punished
by reclusion perpetua to death if co((itted with any of the following attendant
circu(stances+
&, >ith treachery" ta4ing ad)antage of superior strength" with the aid of ar(ed (en" or
e(ploying (eans to wea4en the defense or (eans of persons to insure or afford
i(punity,
#, C C C,
?, C C C,
-, C C C,
<, C C C,
E, C C C,G
In consonance with Article E? of the e)ised Penal Code" the absence of any aggra)ating
or (itigating circu(stance 7ustifies the application of a lesser penalty" thus+
.Article E?, #ules for the application of indivisible penalties.
.C C C C C C C C C
$n all cases in which the law prescribes a penalty composed of two indivisible
penalties! the following rules shall be observed in the application thereof%
&, C C C,
#, &hen there are neither mitigating nor aggravating circumstances in the
commission of the deed! the lesser penalty shall be applied.
?, C C C,
-, C C C,G
Accordingly" the penalty of reclusion perpetua" not death" should be (eted upon herein
accused-appellant in both Cri(inal Cases Nos, C-&< and C-&E,
>e co(e now to the award of da(ages in both Cri(inal Cases Nos, C-&< and C-&E
which was 7ust stipulated by both counsels for the heirs of the two deceased and the
counsel for herein accused-appellant,
>ith respect to Cri(inal Case C-&<" for the death of 6ra, Arlyn :aburada" the
a(ount of P&22"222,22 for the burial and other eCpenses incurred in connection therewith
was stipulated upon and (ay be dee(ed reasonableD the award of P<2"222,22 as death
inde(nity is in accord with established 7urisprudence,
/$<0
5owe)er" the award of P<22"222,22 as (oral da(ages is eCcessi)e and should be
correspondingly reduced" bearing in (ind that the purpose for (a4ing such award is not
to enrich the heirs of the )icti( but to co(pensate the( for in7uries to their feelings,
/$E0
Accordingly" an award of P<2"222,22 would be adeHuate and reasonable pursuant to
established 7urisprudence,
/$$0
!he award of P&2"222,22 for eCe(plary da(ages cannot be sustained pursuant to
Article ##?2 of the New Ci)il Code which pro)ides that eCe(plary da(ages (ay be
i(posed only when the cri(e is co((itted with one or (ore aggra)ating circu(stances,
/$=0
As regards Cri(inal Case No, C-&E" pertaining to the death of At, 9oerlic4 :aburada"
there is also a need to (odify the award of da(ages (ade by the trial court,
As in Ci)il Cri(inal Case No, C-&<" the P<22"222,22 award for (oral da(ages (ust
be reduced to P<2"222,22 only and the award of P&2"222,22 as eCe(plary da(ages
should be deleted,
Ai4ewise" the a(ount of P&22"222,22 rei(burse(ent for the burial and incidental
eCpenses was agreed upon by the prosecution and the heirs of the deceasedD the
inde(nity of P<2"222,22 by reason of the death of At, 9oerlic4 :aburada is in order,
As regards Cri(inal Case No, C-&-" the trial court held that herein accused-
appellant3s pri(ary cri(inal intent was to 4ill the late At, 9oerlic4 :aburada because of
his )ery strict enforce(ent of the laws in Cantilan" Surigao del Sur and not to depri)e the
latter of his personal belongings,
/$10
It concluded that herein accused-appellant was guilty
of robbery under Article #1? of the e)ised Penal Code which pro)ides+
.Article #1?, &ho are guilty of robbery,-- Any person who" with intent to
gain" shall ta4e any personal property belonging to another" )y *+!",
o- )iolence against or inti(idation of any person" or using force upon anything"
shall be guilty of robbery,G
!here are only two ways in which the cri(e of robbery can be co((itted+ &' by (eans
of )iolence against or inti(idation of any person" or #' by (eans of force upon anything,
/=20
!he e)idence on record in this case is de)oid of basis to support the conclusion
reached by the trial court that the cri(e co((itted is robbery,
;ur ruling in People v. 'alazar
/=&0
is doctrinal+
(if the original criminal design does not clearly comprehend robbery! but
robbery follows the homicide as an afterthought or as a minor incident of the
homicide! the criminal act should be viewed as constitutive of two offenses and
not of a single comple) crime. obbery with ho(icide arises only when there
is a direct relation" an inti(ate connection" between the robbery and the 4illing"
e)en if the 4illing is prior to" concurrent with" or subseHuent to the robbery,G
In the instant case" it is apparent that the ta4ing of the personal properties fro( the )icti(
was an afterthought, !he personal properties were ta4en after accused-appellant has
already successfully carried out his pri(ary cri(inal intent of 4illing At, :aburada and
the ta4ing did not necessitate the use of )iolence or force upon the person of At, :aburada
nor force upon anything, !hus" the cri(e is theft under Article ?2= of the sa(e Code
which pro)ides" viz+
.Art, ?2=, >ho are liable for theft, - !heft is co((itted by any person who"
with intent to gain but without violence against or intimidation of persons nor
force upon things! shall tae personal property of another without the latter*s
consent. C C C.G
Although the cri(es of robbery and theft under the e)ised Penal Code ha)e in
co((on the ele(ents of %a' unlawful ta4ingD %b' with intent to gainD %c' ta4ing of
personal propertyD and %d' the property ta4en belongs to another" they differ in the (anner
in which they are asported, Considering that the )icti( was already hea)ily wounded
when his personal properties were ta4en" there was no need to e(ploy )iolence against or
inti(idation upon his person, !hus" in Cri(inal Case No, C-&-" accused-appellant can
only be held guilty of the separate offense of theft under Article ?2=" penali*ed under
Article ?21 of the e)ised Penal Code,
6uring the trial" the )alue of the stolen personal effects was the sub7ect of the
testi(ony
/=#0
of SP;- Manuel A, A*arcon" 6eputy Chief of Cantilan" Surigao del SurD
who declared that his ,-< caliber pistol was )alued at P?E"222,22 to P-2"222,22D the
IC;M handset radio at P1"222,22 and the PNPA gold ring at P="222, Fnder the rule on
opinions of ordinary witnesses" it is a standing doctrine that the opinion of a witness is
ad(issible in e)idence on ordinary (atters 4nown to all (en of co((on perception,
/=?0
5ere" the witness is not 7ust an ordinary witness" but )irtually an eCpert" since his wor4
as a 6eputy Chief of Police has gi)en hi( the eCposure to and eCperience in fiCing the
)alue of such ordinary police paraphernalia, It is noted that during the trial" the defense
ne)er cross-eCa(ined SP;- A*arcon on these points, Such opportunity to cross-eCa(ine
ta4es the testi(ony of said witness out of the hearsay rule, !he lac4 of ob7ection by the
counsel for the defense to the )alue placed by the aforesaid witness gi)es credence to
A*arcon3s testi(ony,
Article ?21" of the e)ised Penal Code pro)ides+
.Penalties, - Any person guilty of theft shall be punished by+
&, !he penalty of prision mayor in its (ini(u( and (ediu( periods" if the
)alue of the thing stolen is (ore than &#"222 pesos but does not eCceed ##"222
pesosD but if the )alue of the thing stolen eCceed the latter a(ount" the penalty
shall be the (aCi(u( period of the one prescribed in this paragraph" and one
year for each additional ten thousand pesos" but the total of the penalty which
(ay be i(posed shall not eCceed twenty years, In such cases" and for purposes
of the other pro)isions of this Code" the penalty shall be ter(ed prison
mayor or reclusion temporal" as the case (ay be,G
Since the total )alue of the stolen property is P<?"222,22 the accused-appellant should be
(eted the penalty of the (aCi(u( period of the penalty prescribed by Article ?21 which
is the (aCi(u( of prision mayor in its (ini(u( and (ediu( periods plus one year for
each additional ten thousand pesos in eCcess of P##"222,22,
/=-0
Applying the Indeter(inate
Sentence Aaw" the penalty for this particular offense of theft that (ay thus be i(posed is
anywhere fro( two %#' years" four %-' (onths and one %&' day of prision
correcional (ini(u( period to siC %E' years of prision correcional (aCi(u( period" as
(ini(u(" to anywhere fro( eight %=' years" eight %=' (onths and one %&' day to ten %&2'
years of prision mayor (ediu( period" plus three %?' years for the additional P?2"222,22
in eCcess of P##"222,22 )alue of the property ta4en" or ele)en %&&' years of prision
mayor (aCi(u( period" as (aCi(u(,
.HEREFORE, the decision" dated 6ece(ber &2" &11E" of the egional !rial Court
of Cantilan" Surigao del Sur %Branch -&' is A::IME6 with the M;6I:ICA!I;N that+
&, In Cri(inal Case No, C-&-" accused-appellant is found guilty beyond
reasonable doubt of theft and is hereby sentenced to a prison ter( of two %#'
years" four %-' (onths and one %&' day of prision correcional (ini(u(
period" as (ini(u(" to eight %=' years" eight %=' (onths and one %&' day
of prision mayor plus three %?' years for the additional P?2"222,22 in eCcess
of P##"222,22 )alue of the property ta4en" or a total of ele)en %&&' years"
eight %=' (onths and one %&' day" as (aCi(u( period and to pay the a(ount
of P-<"222,22
/=<0
as reparation for the unreco)ered stolen articlesD
#, In Cri(inal Case No, C-&<" accused-appellant is found guilty beyond reasonable
doubt of the cri(e of (urder Hualified by treachery and is hereby sentenced to suffer
the penalty of reclusion perpetuaD he is also ordered to pay the heirs of the )icti(+
a' 6eath inde(nity - P<2"222,22
b' Moral da(ages - P<2"222,22
c' Actual da(ages - P&22"222,22
?, In Cri(inal Case No, C-&E" accused-appellant is found guilty beyond reasonable
doubt of the cri(e of (urder Hualified by trechery and is hereby sentenced to suffer
the penalty of reclusion perpetuaD he is also ordered to pay the heirs of the )icti(+
a' 6eath inde(nity - P <2"222,22
b' Moral da(ages - P <2"222,22
c' Actual da(ages - P&22"222,22
SO OR%ERE%.
+avide! ,r.! -.,.! #omero! .ellosillo! "elo! Puno! /itug! 0apunan! "endoza!
Panganiban! 1uisumbing! Purisima! Pardo! .uena! and 2nares3'antiago! ,,.! concur