G.R. No. 128361 November 16, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MOROY “SONNY” GALLO, accused-appellant.

FACTS

On the evening of August 18, 1986, spouses Amelita and Ignacio Elarmo were waylaid near their home in Himamaylan, Negros Occidental, by five armed individuals: the Dequito brothers (Boy, Kano, and Elliot) and Crisanto Gallo and his son, accused-appellant Moroy “Sonny” Gallo. Amelita testified that Boy initially stabbed Ignacio with a tres cantos, after which the other assailants, including Moroy Gallo who struck the victim with a barateya (piece of wood), took turns attacking him. Narciso Esperal, who witnessed the incident from a nearby closed coffee shop, corroborated the attack, testifying that he saw Moroy throw a stone at the victim. The severely injured Ignacio was hospitalized but died on August 24, 1986, from his wounds, which included a retained three-edged metallic weapon in his chest.
A criminal complaint for murder was filed. After years at large, Moroy Gallo was arrested in 1991. During trial, he denied participation, claiming he and his father were merely drinking at home, witnessed a sudden altercation between Boy Dequito and the victim, and did not intervene. He was convicted of murder by the trial court and sentenced to reclusion perpetua. On appeal, he assailed the credibility of the prosecution witnesses, citing alleged inconsistencies in their testimonies regarding the weapons used and the injuries sustained, and maintained his mere presence at the scene.

ISSUE

Whether the trial court erred in convicting accused-appellant Moroy Gallo of murder based on the testimonies of the prosecution witnesses.

RULING

The Supreme Court affirmed the conviction. The Court found no merit in the appeal, holding that the alleged inconsistencies in the testimonies of Amelita Elarmo and Narciso Esperal pertained to minor details that did not undermine their core narrative of a concerted attack by a group, including Gallo, which led to the victim’s death. The Court emphasized that witnesses react differently to traumatic events, and perfect recall of every detail is not expected. The autopsy report, indicating fatal stab and blunt force trauma wounds, was consistent with the collective assault described.
The legal logic established Gallo’s criminal liability through conspiracy. His presence during the attack, coupled with his active participation by striking the victim, demonstrated a community of criminal design with the other assailants. In conspiracy, the act of one is the act of all. The qualifying circumstance of abuse of superior strength was correctly appreciated, as the armed group used their greater number to overwhelm the unarmed victim. The penalty of reclusion perpetua was proper under the Revised Penal Code as the law in effect at the time of the crime. The Court modified the damages, awarding P50,000 as civil indemnity and P50,000 as moral damages to the victim’s heirs, but deleted the award for actual damages due to lack of sufficient proof.