GR 103303; (August, 1993) (Digest)
G.R. No. 103303 August 5, 1993
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EUGENIO GASPER Y ESPERANZA alias “Ohen”, JOELITO GASPER Y LAGANHON alias “Joelie” and ALBERTO AHITO (AT LARGE), accused-appellants.
FACTS
Accused-appellants Eugenio Gasper and Joelito Gasper were charged with Murder before the Regional Trial Court of Cadiz City for the killing of Amado Olano, Jr. on November 18, 1987. The prosecution’s eyewitness, Reynaldo Carpio, testified that he saw Olano engaged in a heated argument with the appellants and others. Eugenio Gasper hit Olano on the head and body with a piece of wood, and when Olano fell, Joelito Gasper bashed a stone on the back of his head. Carpio retreated and did not immediately report the incident. Olano’s skeletal remains were found on December 22, 1987. An autopsy revealed four fractures, with the depressed skull fracture as the likely cause of death. The victim’s sister testified about a motive involving a land dispute and refusal to share produce. After the prosecution rested, the defense filed a Demurrer to Evidence, which was denied. The accused-appellants then filed a motion to dismiss and submitted the case for decision. The trial court convicted them of Murder, sentencing each to reclusion perpetua and ordering them to indemnify the heirs. They appealed.
ISSUE
The issues raised by the accused-appellants include: (1) the credibility of the prosecution witnesses; (2) the identity of the skeletal remains; (3) the sufficiency of evidence to prove guilt beyond reasonable doubt; and (4) the lack of proof of treachery or evident premeditation to qualify the killing as Murder.
RULING
The Supreme Court affirmed the trial court’s judgment with modification. The Court found the testimonies of the prosecution witnesses, particularly eyewitness Reynaldo Carpio, to be credible, straightforward, and consistent with the medico-legal findings. The delay in reporting the incident did not impair Carpio’s credibility. The Court ruled that the killing was qualified by abuse of superior strength, as the appellants, armed with a piece of wood and a stone, attacked the unarmed victim, ensuring he could not defend himself. The information alleged conspiracy, which was established. The crime is Murder under Article 248 of the Revised Penal Code. The penalty of reclusion perpetua was affirmed. The death indemnity was increased from P30,000.00 to P50,000.00 in accordance with prevailing jurisprudence.