GR 105284; (July, 1997) (Digest)
G.R. No. 105284 July 8, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IGNACIO ZUMIL, accused-appellant.
FACTS
On the afternoon of September 23, 1990, Leopoldo Emperio, Sr. was at home with his wife Rosita, son Leopoldo Jr., and neighbors when Nicolas Oliver barged in armed with a hunting knife and tried to stab him. Leopoldo Sr. evaded the attack, grabbed a bolo, and repelled Oliver, who then ran out of the house with Leopoldo Sr. in pursuit. As Leopoldo Sr. stepped onto a makeshift bridge outside, accused-appellant Ignacio Zumil struck him on the right eye with a bamboo pole, causing him to fall. A neighbor, Herminigildo Magsalay, tried to help but was also attacked by Zumil and then stabbed multiple times by Oliver. Oliver then moved to where Leopoldo Sr. lay unconscious and stabbed him to death. Both Leopoldo Sr. and Magsalay died on the spot. Nicolas Oliver pleaded guilty to a lesser offense of homicide. Ignacio Zumil pleaded not guilty and was convicted of murder by the trial court, which sentenced him to reclusion perpetua and ordered him to pay indemnity. Zumil appealed, contesting the credibility of witnesses and the finding of treachery.
ISSUE
The primary issue is whether the trial court erred in convicting accused-appellant Ignacio Zumil of murder based on the evidence presented, specifically regarding the credibility of prosecution witnesses and the existence of treachery.
RULING
The Supreme Court AFFIRMED the conviction. The Court found the testimonies of the prosecution eyewitnesses, Rosita Emperio and Gener Diabordo, credible and consistent on material points. Minor inconsistencies in their accounts regarding how Leopoldo Sr. obtained the bolo were deemed inconsequential and even indicative of unrehearsed testimony. The positive identification of Zumil as the one who struck the fatal blow with a bamboo pole was corroborated by medical evidence, which indicated the wound was not caused by a simple fall. Zumil’s defense of denial was outweighed by positive testimony, and his flight from Ozamiz City after the incident was considered evidence of guilt. The Court upheld the finding of treachery, as the attack on Leopoldo Sr. was sudden and he was struck from behind or beside while engaged in a struggle with Oliver, rendering him defenseless. The Court ruled that Zumil conspired with Oliver in the killing, making him equally guilty of murder under the principle that the act of one conspirator is the act of all.