GR 90279 81; (October, 1990) (Digest)
G.R. Nos. 90279-81 October 11, 1990
The People of the Philippines, plaintiff-appellee, vs. Ricardo Yeban, Rodolfo Yeban, Jose Yeban, Paterno Yeban and John Doe, defendants; Ricardo Yeban, Rodolfo Yeban and Jose Yeban, appellants.
FACTS
On the evening of April 2, 1987, Jolito Ilarina, Jupiter Deocampo, and Alfredo Yabut were ambushed while walking in Banga, Aklan. Alfredo Yabut was first hit by a stone, after which Jose Yeban appeared and stabbed him. Rodolfo and Paterno Yeban then assaulted Jolito Ilarina with bolos. Ricardo Yeban hacked Jupiter Deocampo and also joined in attacking the fallen Ilarina. During the incident, Ricardo shouted that he was wounded. Deocampo escaped by jumping into a river, Yabut fled, and Ilarina was left dead on the ground with 26 hacking and stab wounds, which caused his death. Deocampo and Yabut sustained significant injuries documented by medical reports.
After arraignment, where they pleaded not guilty, appellants Ricardo, Rodolfo, and Jose Yeban were convicted by the Regional Trial Court of Kalibo for the murder of Jolito Ilarina and the attempted murders of Jupiter Deocampo and Alfredo Yabut. The trial court rejected their defenses and found the prosecution’s evidence credible. The appellants then elevated the case to the Supreme Court, arguing the trial court erred in finding them as the perpetrators and in convicting them of murder.
ISSUE
The primary issues were: (1) whether the prosecution proved beyond reasonable doubt that the appellants were the perpetrators of the crimes; and (2) whether the crime committed against Jolito Ilarina was properly qualified as murder.
RULING
The Supreme Court affirmed the convictions but modified the penalty and indemnity. The Court found the appeal devoid of merit. On the first issue, the defense of alibi presented by the appellants was thoroughly rejected. The Court reiterated the established doctrine that alibi is inherently weak and cannot prevail over the positive identification by credible witnesses. The appellants’ claimed locations were not so distant as to preclude their presence at the crime scene. The testimonies of the surviving victims, Yabut and Deocampo, who positively identified the appellants, were deemed credible and consistent. Their accounts were corroborated by medical evidence and the testimony of Eliseo Gumban, who stated that Ricardo Yeban, with a wounded hand, and his companions left blood-stained bolos at his house after the incident.
On the second issue, the Court upheld the finding of murder qualified by treachery. The attack was sudden and unexpected, executed in a manner that deprived the victim, Jolito Ilarina, of any chance to defend himself. The number and severity of his wounds demonstrated the assailants’ concerted effort to ensure his death. The Court modified the penalty for murder to reclusion perpetua, as the trial court’s computation was erroneous, and increased the civil indemnity to the heirs of Jolito Ilarina to P50,000.00 in line with prevailing jurisprudence. The penalties for the two counts of attempted murder were affirmed. The decision was thus affirmed with these modifications.
