G.R. No. 93808-09 and G.R. No. 94073-74. April 7, 1993.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BELARMINO DIVINA alias “Bejar” and MECRITO BAGA y HIYOG, accused-appellants.

BELARMINO DIVINA, petitioner, vs. PEOPLE OF THE PHILIPPINES and JUDGE ROSENDO B. BANDAL, JR., Presiding Judge, Regional Trial Court of Negros Oriental, Branch 34, respondents.

FACTS

Accused Belarmino Divina and Mecrito Baga were charged with Murder for the death of Concepcion Baillo and Frustrated Murder for the gunshot wounds sustained by Jaime Baillo. The informations alleged the crimes were committed on June 17, 1988, in Barangay Malungcay Daku, Dauin, Negros Oriental, with intent to kill, evident premeditation, and treachery. The Regional Trial Court convicted both accused of both crimes. Both accused appealed the conviction (G.R. Nos. 93808-09). Separately, Belarmino Divina filed a petition for certiorari (G.R. Nos. 94073-74) alleging the trial court committed grave abuse of discretion for disapproving his property bond for being unregistered land. The Supreme Court consolidated the cases.

ISSUE

The main issues involve: (1) the credibility of the prosecution witness; (2) the existence of conspiracy between the accused; (3) the strength of the defense of alibi; (4) the probative value of a police blotter entry; and (5) the right to bail after conviction for a capital offense.

RULING

The Supreme Court modified the trial court’s decision.
1. On Credibility of Witness: The Court affirmed the trial court’s findings on credibility, stating it will not generally disturb such findings as the trial judge has the opportunity to observe the witnesses’ demeanor. The witness’s initial reluctance to disclose the accused’s identity, due to Divina’s prior influence as a barangay official and the victim’s injuries and mourning period, does not impair credibility.
2. On Conspiracy: The Court held that conspiracy was not established beyond reasonable doubt against Mecrito Baga. There was no evidence of an overt act by Baga in furtherance of the killing. His mere presence with Divina near the victim’s body after the shooting does not, by itself, establish conspiracy.
3. On Alibi: The Court ruled that Divina’s defense of alibi cannot prevail over the positive identification by eyewitness Jaime Baillo. The witness testified to seeing Divina approach the victim’s body and make a threatening statement. Divina also admitted that the location where he claimed to be drinking was only 2.5 kilometers from the crime scene, making it not physically impossible for him to have committed the crime. Motive was also established, as the deceased was a witness against Divina’s brothers in another case.
4. On Police Blotter: The Court held that the entry in the police blotter regarding the time of the crime (7:40 PM) was not conclusive. The information was supplied by a parish priest who was not present during the incident and was not presented as a witness, rendering it hearsay and without probative value.
5. On Right to Bail: The Court, citing Administrative Circular No. 2-92, denied Divina’s petition for certiorari regarding bail. The Circular states that an accused convicted of a capital offense punishable by reclusion perpetua, such as murder, is no longer entitled to bail as a matter of right even on appeal, as the conviction imports that the evidence of guilt is strong.
DISPOSITIVE PORTION:
The Supreme Court ACQUITTED accused Mecrito Baga of Murder and Frustrated Murder for failure of the prosecution to prove his guilt beyond reasonable doubt. The convictions of accused Belarmino Divina for both crimes were AFFIRMED with the modification that he be ordered to indemnify the heirs of Concepcion Baillo in the amount of P50,000.00. The petition for certiorari filed by Belarmino Divina was DISMISSED for lack of merit.