GR 103506; (February, 2000) (Digest)
G.R. No. 103506 February 15, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO TOLIBAS @ “GORIO”, FERNANDO CORTES @ “KANAN”, MICHAEL TOLIBAS @ “KAING,” RODEL QUIJON, accused, RODEL QUIJON, accused-appellant.
FACTS
On the evening of April 24, 1983, in Cebu City, prosecution eyewitness Juanito Flores saw the victim, Dennis Noel, walking ahead of him. Appellant Rodel Quijon and Fernando Cortes were sitting along the passageway. As Noel passed, Quijon and Cortes stood, grabbed his hands, and boxed him. Upon hearing a shout identifying the victim, accused Gregorio and Michael Tolibas rushed over. While Quijon and Cortes restrained Noel, Gregorio stabbed him with a bolo. When released, Noel fell but tried to turn, at which point Michael hacked him. All four assailants then fled. The wounded victim staggered home, named Gregorio and Michael as his assailants to his wife, Lourdes, before dying at the hospital. Quijon, interposing alibi, claimed he was with his girlfriend elsewhere that entire evening.
ISSUE
The core issue is whether the prosecution proved beyond reasonable doubt that appellant Rodel Quijon conspired in the killing of Dennis Noel, thereby making him liable for murder.
RULING
Yes, the Supreme Court affirmed Quijon’s conviction for murder but modified the penalty. The Court found the testimony of eyewitness Juanito Flores credible, positive, and consistent. Flores clearly detailed how Quijon actively participated by initially restraining the victim, facilitating the fatal attack by his co-accused. This concerted action established conspiracy, rendering each conspirator equally liable for the crime. Quijon’s defense of alibi was rightly rejected, as it was not physically impossible for him to have been at the crime scene, and it was substantially corroborated only by his girlfriend, whose testimony carried less weight. The qualifying circumstance of treachery was present, as the attack was sudden and rendered the victim defenseless. However, the Court found the mitigating circumstance of voluntary surrender applicable to Quijon, warranting a penalty reduction. He was sentenced to an indeterminate penalty of ten years and one day of prision mayor maximum as minimum to eighteen years of reclusion temporal maximum as maximum. Civil indemnity was increased to P50,000.00, and moral damages of P50,000.00 were awarded. The records concerning accused Michael Tolibas, tried in absentia, were remanded for proper judgment.