GR 119591; (November, 1996) (Digest)
G.R. No. 119591 November 21, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO BALAMBAN y ALCANTARA and RUDY BALAMBAN, accused-appellants.
FACTS
Accused-appellants Danilo and Rudy Balamban, brothers, were charged with the murder of Sonny Solo. The prosecution evidence established that on May 5, 1992, the intoxicated appellants approached Solo, who was seated on a porch in Baras, Catanduanes. Danilo initiated a confrontation, challenged Solo to a fight, and struck him with a twig, while Rudy punched him. When witness Nelly de los Reyes intervened, Danilo stabbed her. Solo fled into a house but was pursued, caught, and stabbed by Danilo. The struggle continued onto the road where the brothers chased Solo.
Policemen SPO2 Venerando Tejada and SPO1 Rene Valeza, passing by, witnessed Danilo hacking the already fallen and unconscious Solo on the neck with a bolo. After a warning shot, Danilo dropped the bolo, but Rudy picked it up and hacked Solo again on the neck. The autopsy revealed five wounds, including a nearly decapitating chopped wound on the neck and a perforating wound that injured the lungs, causing massive hemorrhage and death.
ISSUE
Whether the accused-appellants are guilty of the crime of murder.
RULING
Yes, the Supreme Court affirmed the conviction for murder. The Court found the testimonies of prosecution witnesses, particularly the eyewitness account of Nelly de los Reyes and the policemen at the scene, to be credible, consistent, and sufficient to establish guilt beyond reasonable doubt. The defense of denial and alibi proffered by the appellants was weak and could not prevail over the positive identification by credible witnesses. The qualifying circumstance of treachery was correctly appreciated. The attack was sudden and unexpected, commencing with Danilo’s unprovoked assault with a twig and Rudy’s punch, which rendered Solo unable to defend himself. The final, fatal hacking on the neck while Solo was already unconscious and prostrate on the ground conclusively demonstrated the deliberate adoption of means to ensure the execution without risk to the appellants. The Court modified the damages awarded, increasing the indemnity for death to P50,000.00 and awarding actual, moral damages, and attorney’s fees. The penalty of reclusion perpetua was affirmed.