GR 119595; (January, 2000) (Digest)
G.R. No. 119595 January 25, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOVITO BARONA, FELIPE FERRARIZ, ELPIDIO SARA, JR., @ “Matias Sara” and ROBERTO BARONA @ “Pewe Barona,” accused-appellants.
FACTS
The case involves the killing of Celedonio Baron on June 26, 1988, in Barangay Pajo, Pototan, Iloilo. The prosecution’s eyewitness, Eduardo Dimapilisan, testified that he saw the four accused-appellants follow the victim from a house. Roberto Barona then held and choked Celedonio, while Felipe Ferrariz held his arms behind his back and ordered Elpidio “Matias” Sara, Jr. to stab him. Sara complied, stabbing the victim on the left arm. Subsequently, Jovito Barona shot the victim with a homemade firearm, causing him to fall, and then struck him with the gun’s butt. The victim was later pronounced dead at the hospital due to loss of blood. The appeals of Jovito Barona and Felipe Ferrariz were withdrawn, and Roberto Barona died during detention, leaving only the appeal of Elpidio Sara, Jr. for resolution.
ISSUE
The primary issue is the credibility of the prosecution witness and whether the trial court correctly convicted the accused-appellant of murder, qualified by treachery, based on the evidence presented.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of witness credibility, emphasizing that the trial judge is in the best position to evaluate the demeanor of witnesses. The positive identification by eyewitness Dimapilisan was found credible and consistent with the medico-legal report detailing the victim’s wounds, including a gunshot wound and a stab wound. The collective actions of the appellants—suddenly ganging up on the victim, holding him, stabbing him, and then shooting him—demonstrated a community of criminal design, establishing conspiracy. Their superiority in number and the use of a bladed weapon and a gun ensured the execution of the crime without risk to themselves from any defense the victim could make. This constituted treachery, which qualified the killing to murder under Article 248 of the Revised Penal Code. The Court found the defenses of denial and alibi inherently weak and insufficient to overcome the positive testimony of the eyewitness. The conviction of Elpidio Sara, Jr. for murder was thus sustained.