GR 102980; (June, 1993) (Digest)
G.R. No. 102980 June 28, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALVADOR OSIGAN and VICENTE CURATO, accused-appellants.
FACTS
The victim, Favio Goloran, was found dead with 25 hack wounds. Accused Salvador Osigan and Vicente Curato were charged with murder. The trial court convicted them based mainly on the testimony of prosecution witness Melchor Goloran, who testified that on August 2, 1989, he saw Curato hack Favio from behind, causing him to fall, after which Osigan also hacked him, and both pursued the victim. Melchor claimed he was 15 meters away and both assailants used bolos 45-50 inches long. Two other prosecution witnesses, Vicente Goloran and Roy Osigan (Salvador’s brother), gave a different version, testifying they were drinking with Salvador when Favio approached, a quarrel ensued, and Salvador and Favio simultaneously hacked each other, resulting in Favio’s death. These two witnesses stated Curato was not present. Curato pleaded alibi, claiming he was fencing his lot elsewhere at the time, corroborated by Felixberto Dagatan. Osigan claimed self-defense, stating Favio initiated the attack by hitting him on the cheek, and he fought back.
ISSUE
1. Whether the prosecution proved the guilt of Vicente Curato beyond reasonable doubt.
2. Whether Salvador Osigan’s claim of self-defense is valid.
3. Whether the crime committed is murder or homicide.
RULING
1. Vicente Curato is ACQUITTED. The prosecution failed to overcome the constitutional presumption of innocence. The testimony of Melchor Goloran was discredited as unbelievable (e.g., the description of excessively long bolos) and contradicted by two other prosecution eyewitnesses who stated Curato was not present. Curato’s alibi was sufficiently established.
2. Salvador Osigan’s claim of self-defense is REJECTED. He failed to prove unlawful aggression by the victim with sufficient evidence. The victim sustained 25 hack wounds while Osigan had only a minor wound, and no other witness corroborated Osigan’s claim that Favio initiated the attack.
3. The crime committed by Osigan is HOMICIDE, not Murder. The qualifying circumstance of treachery was not proven. The other prosecution witnesses testified the hacking was simultaneous. The mitigating circumstance of voluntary surrender was appreciated. Osigan was sentenced to an indeterminate penalty of 9 years and 1 day of prision mayor as minimum, to 13 years, 4 months and 1 day of reclusion temporal as maximum.