G.R. No. 182793; July 5, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DIONISIO CALONGE y VERANA, Accused-Appellant.

FACTS

On December 1, 2001, police responded to a report of a massacre in Barangay Cabuluan, Villaverde, Nueva Vizcaya. They found the body of Rosita Calonge, the appellant’s wife, lying some distance from their house, clutching a knife. Inside the house were the bodies of their two young daughters, Kimberly and Dony Rose. A third daughter, nine-year-old Melody, was found alive but severely wounded. The appellant, Dionisio Calonge, was discovered conscious but wounded near the house stairs, with a bloodied bolo and flashlight beside him. Investigators found no signs of forcible entry or struggle inside the home. Melody, after receiving medical treatment, gave a statement identifying her father as the assailant, stating he had quarreled with her mother the previous night before attacking the family.
The appellant was charged with three counts of parricide for the deaths of his wife and two daughters, and one count of frustrated parricide for the attack on Melody. During trial, the prosecution presented evidence including Melody’s testimony and the circumstantial findings. The defense consisted solely of the appellant’s testimony, wherein he claimed he had no memory of the incident, having fallen asleep the night before and waking up in the hospital wounded, and professed ignorance of who attacked his family.

ISSUE

Whether the guilt of the accused-appellant for the crimes of parricide and frustrated parricide was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the appellant’s conviction. The Court found the testimony of the child-victim, Melody, to be credible and sufficient to establish the appellant’s guilt. Her positive identification of her father as the perpetrator was clear, consistent, and given in a straightforward manner, bearing the hallmarks of truth. The Court emphasized that the testimony of a single witness, if credible and positive, is sufficient to support a conviction. Melody’s account was corroborated by the physical evidence and the circumstantial facts of the case, including the location of the bodies, the murder weapons found beside the appellant, and the lack of evidence suggesting an intruder.
The appellant’s defense of denial and claim of amnesia were deemed inherently weak and self-serving, failing to overcome the positive and credible evidence presented by the prosecution. Denial, unsubstantiated by clear and convincing evidence, cannot prevail over affirmative testimony. The Court also upheld the presence of treachery in the killing of the two young daughters, as they were attacked while asleep and utterly defenseless. However, the Court modified the penalties by deleting the award of exemplary damages due to the absence of any aggravating circumstance other than those inherent in the crime. The decision of the Court of Appeals was affirmed with this modification.