GR 129057; (January, 2001) (Digest)
G.R. No. 129057 . January 22, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BILLY DE LEON, DOMINADOR DE LEON and LEOPOLDO DE LEON, accused, DOMINADOR DE LEON and LEOPOLDO DE LEON, accused-appellants.
FACTS
The accused-appellants, brothers Dominador and Leopoldo de Leon, along with their brother Billy (who remained at large), were charged with the murder of Ignacio Jimenez. The prosecution presented eyewitnesses Chito Jimenez, the victim’s son, and Annaluz Hilarion. Their testimonies established that on June 13, 1996, an initial altercation occurred between Chito and Billy. Later, Billy returned, chased Chito, and then accosted Ignacio. Billy stabbed Ignacio in the stomach. At this point, appellants Leopoldo and Dominador arrived. Leopoldo held the victim’s arms, rendering him defenseless, while Dominador stabbed him at the back of the head. Billy continued to stab the victim. The autopsy report by Dr. Nicanor Arzadon confirmed the victim sustained multiple fatal stab and hacked wounds.
The defense presented a different version, claiming the incident stemmed from a quarrel and that the deceased was the initial aggressor. The Regional Trial Court found the testimonies of the prosecution witnesses credible and convicted appellants Leopoldo and Dominador de Leon of murder, sentencing them to reclusion perpetua. They appealed the decision.
ISSUE
Whether the accused-appellants are guilty of murder, qualified by abuse of superior strength.
RULING
Yes, the Supreme Court affirmed the conviction for murder. The Court found the testimonies of the prosecution eyewitnesses to be clear, consistent, and credible, thereby establishing the appellants’ participation in the killing beyond reasonable doubt. The defense of denial and alibi could not prevail over these positive identifications.
The legal logic for finding murder lies in the qualifying circumstance of abuse of superior strength. The attack was characterized by the concerted actions of the three brothers against a single, unarmed, and older victim. Leopoldo’s act of holding the victim’s arms completely neutralized any possibility of defense, while Dominador and Billy inflicted the fatal wounds. This collaboration clearly constituted the deliberate use of combined force to ensure the execution of the crime without risk to themselves. The circumstance of abuse of superior strength is inherent in the crime of murder under Article 248 of the Revised Penal Code, as it facilitated the killing by overpowering the victim.
The Court modified the civil liability. The award of P15,000.00 as actual damages was deleted for lack of receipts. The award of P50,000.00 designated as “compensatory damages” was properly denominated as civil indemnity ex delicto, which is mandatory upon proof of death and the accused’s responsibility. The award of P50,000.00 as moral damages was sustained. The penalty of reclusion perpetua was affirmed.