G.R. Nos. 75032-33 December 1, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. (EMBAS) JOSE TIU, SANTOS AROCHA, RODOLFO REAL – Deceased, Luis (LICAROS) DENOLAN, accused-appellants.

FACTS

On July 27, 1981, two informations for murder and frustrated murder were filed against Jose (Embas) Tiu, Santos Arocha, Rodolfo Leal, and Luis Licaros Denolan for the killing of Warlito Jumangpang and the wounding of his father, Otillo Jumangpang. The cases were jointly tried. All accused pleaded not guilty. The trial court later dismissed the case against Rodolfo Leal due to his death on July 9, 1984. On December 18, 1985, the trial court rendered a joint decision convicting all accused of murder and frustrated murder. The decision erroneously included the deceased Rodolfo Leal. Tiu, Arocha, and Denolan appealed. Jose Tiu died on May 16, 1988, resulting in the dismissal of the criminal case against him.
The prosecution evidence established that on April 30, 1981, at about 2:00 a.m., Otillo Jumangpang and his son Warlito were shot while trying to tie a carabao outside their house. Otillo was hit in the ankle and crawled to hide. Warlito was killed. Otillo, his wife Vivencia, and daughter Lourdes identified the four accused as the assailants, recognizing them by the light of flashlights, a lamp (“tingkarol”), the moon, and the stars. The accused were known to the witnesses as CHDF members. The accused then entered the house, ordered the family downstairs, and questioned them about Otillo’s whereabouts before leaving at dawn. The autopsy showed Warlito died from a gunshot wound that severed his spinal cord.
The defense consisted of alibi, with the accused claiming they were in a camp in Datagan on the night of the incident, corroborated by a friend. A defense witness, Jose Andata, testified that NPA rebels attacked Otillo’s house on May 1, 1981, to liquidate him, but this was inconsistent with the established date of the crime (April 30). The prosecution witnesses explained a delay in reporting the accused’s identities due to fear, as the accused were armed CHDF members, and initial referrals to the NBI.

ISSUE

1. Whether the trial court erred in convicting the accused-appellants based on the eyewitness identification.
2. Whether the defense of alibi and denial should prevail.
3. Whether the crimes were committed with conspiracy and treachery.
4. The correct classification and penalty for the crimes, considering the death of some accused and the nature of Otillo’s wound.
5. The validity of the conviction of the deceased accused.

RULING

1. The trial court did not err in convicting the accused-appellants. The positive and categorical identification by the three eyewitnesses, who knew the accused and had no malicious motive, prevails over mere denial and alibi. The witnesses clearly identified the accused by available light sources.
2. The defense of alibi and denial is weak and cannot overcome positive identification. The accused failed to prove it was impossible for them to be at the crime scene. The testimony of defense witness Andata regarding an NPA attack was discredited as it referred to a date (May 1) different from the established date of the crime (April 30).
3. Conspiracy was present as the accused acted in concert with a common purpose. Treachery qualified the killing of Warlito to murder, as the attack was sudden and without warning, ensuring the victims had no chance to defend themselves.
4. The crime against Warlito Jumangpang is Murder, correctly punished with reclusion perpetua. The civil indemnity was increased from P30,000.00 to P50,000.00. The crime against Otillo Jumangpang is Attempted Murder, not Frustrated Murder, because the wound (ankle shot) was not sufficient to cause death, and the accused did not perform all acts of execution to bring about death. Applying the Indeterminate Sentence Law, the penalty for Santos Arocha and Luis Denolan for Attempted Murder is an indeterminate sentence of 4 months and 1 day of arresto mayor as minimum to 8 years of prision mayor as maximum.
5. The conviction of Rodolfo Leal, who died before the promulgation of the decision, is null and void ab initio and was set aside. The criminal liability of Jose Tiu was extinguished by his death during the pendency of his appeal, but his civil liability survives and may be pursued against his estate.
The appealed decision was AFFIRMED with modifications regarding the classification of the crime against Otillo, the corresponding penalty, the increased indemnity, and the nullification of the conviction of the deceased Rodolfo Leal.