G.R. No. 247658 , February 17, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. REYNALDO PIGAR Y AMBAYANAN @ “JERRY” AND REYNALDO PIGAR Y CODILLA @ “LAWLAW,” ACCUSED-APPELLANTS, ROY PIGAR Y AMBAYANAN @ “BIROY,” BUENAVENTURA PIGAR Y AMBAYANAN @ “MOKMOK” (DECEASED), WELFREDO PIGAR Y CODILLA @ “DAKO,” VICTOR COLASITO @ “NONOY,” JORLY COLASITO, WARAY COLASITO, JOEBERT COLASITO @ “GIMONG,” DODO COLASITO @ “REX,” AND TWO JOHN DOES, ACCUSED.

FACTS

Accused-appellants Reynaldo Pigar y Ambayanan alias “Jerry” and Reynaldo Pigar y Codilla alias “Lawlaw” were charged with Murder under Article 248 of the Revised Penal Code for the killing of Feliciano S. Garces, Sr. on August 17, 2009, in Capoocan, Leyte. The Information alleged that the accused, conspiring and armed with bladed weapons and bamboo poles (bangkaw), attacked, assaulted, stabbed, and hacked Feliciano to death, with treachery, evident premeditation, abuse of superior strength, employing means to weaken the defense and to insure impunity.
The prosecution’s version, based on the testimonies of eyewitnesses Edgardo Garces (son of the victim) and Marietta Garces (daughter), established that the incident originated from a quarrel between Edgardo and Roy Pigar. Later that evening, Roy and two companions arrived at the Garces residence, threw stones, and roused Feliciano from sleep. Soon after, about ten men, including appellants “Jerry” and “Lawlaw,” surrounded the house. Feliciano ran inside but was pursued and hacked with bolos and a bamboo spear (bangkaw) inside the house. He ran out only to be met by the other men who continued to hack and poke him. The assailants fled after a gunshot was heard. Feliciano sustained seventeen stab wounds, five of which were fatal, and was pronounced dead on arrival. The defense version, presented by appellant “Jerry,” claimed that he and his companions passed by Feliciano’s house, where Feliciano suddenly hacked him. “Jerry” then wrested the weapon and used it on Feliciano, hacking him around seventeen times. “Jerry” admitted he went to the house with the intent to kill Edgardo due to a prior misunderstanding. “Lawlaw” claimed alibi, stating he was working in a bakery at the time.
The Regional Trial Court convicted both appellants of Murder, sentencing them to reclusion perpetua without eligibility for parole and ordering them to pay damages. The Court of Appeals affirmed the conviction. Appellants appealed to the Supreme Court.

ISSUE

Did the Court of Appeals err in affirming appellants’ conviction for murder?

RULING

No, the Court of Appeals did not err. The Supreme Court affirmed the conviction with modification.
The Court found all elements of Murder present: (1) a person was killed; (2) the accused killed him; (3) the killing was attended by qualifying circumstances; and (4) the killing was not parricide or infanticide. The first and fourth elements were uncontested. For the second element, the Court upheld the credibility of the prosecution eyewitnesses, giving highest respect to the factual findings of the trial court affirmed by the CA. The alleged inconsistencies in the witnesses’ testimonies were minor and did not affect their core narrative. The defense of denial and alibi could not prevail over the positive identification by credible witnesses.
Regarding the third element, the Court found that the killing was attended by treachery. The attack was sudden and unexpected, executed in a manner that deprived the victim, a thin 52-year-old man, of any opportunity to defend himself. The Court clarified that while the RTC and CA also appreciated abuse of superior strength, this was absorbed in treachery. The aggravating circumstance of dwelling was correctly appreciated but did not alter the penalty since the prescribed penalty for murder is reclusion perpetua to death, and there were no mitigating circumstances.
The penalty was modified. Appellants were sentenced to reclusion perpetua. The award of damages was also modified in line with prevailing jurisprudence. Appellants were ordered to pay the heirs of Feliciano Garces, Sr.: (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; (3) P75,000.00 as exemplary damages; and (4) P50,000.00 as temperate damages. All monetary awards shall earn interest at 6% per annum from finality of the decision until fully paid.