GR 117399; (October, 1997) (Digest)
G.R. No. 117399 -117400 October 16, 1997
PEOPLE OF THE PHILIPPINES, plaintiff, vs. ZALDY JAGOLINGAY, MAMERTO JAGOLINGAY SR., NESTOR JAGOLINGAY, CANO JAGOLINGAY and MAMERTO JAGOLINGAY JR., accused. ZALDY JAGOLINGAY and MAMERTO JAGOLINGAY SR., accused-appellants.
FACTS
On December 30, 1990, Alfredo Porras Jr. and his wife Ruth were walking home in Barangay Tabucan, Barotac Nuevo, Iloilo. As Alfredo passed by the houses of the Jagolingays, he kicked a barking dog. Suddenly, Mamerto Jagolingay Jr. fired at Alfredo. When Alfredo fell, appellants Zaldy Jagolingay and Mamerto Jagolingay Sr., along with other accused (Nestor, Cano, and Mamerto Jr.), rushed out of their houses armed with bladed weapons (espading, tabas, sanggot) and a firearm. They took turns hacking Alfredo, with Mamerto Sr. cutting his throat. Ruth Porras witnessed the attack. Armando Porras, Alfredo’s brother, rushed to help but was hacked by Zaldy and later shot and killed by him. The victims were pronounced dead on arrival. Only appellants Mamerto Sr. and Zaldy were arrested and tried. Zaldy claimed self-defense, alleging Alfredo pointed a gun at him and Armando accidentally shot Alfredo during a struggle. Mamerto Sr. invoked alibi, claiming he was at work and not present during the incident.
ISSUE
1. Whether the trial court erred in not acquitting Zaldy Jagolingay on the ground of self-defense.
2. Whether the trial court erred in not acquitting Mamerto Jagolingay Sr. based on alibi.
RULING
The Supreme Court affirmed the trial court’s decision.
1. The defense of Zaldy Jagolingay was rejected. The positive, clear, and straightforward testimony of eyewitness Ruth Porras, who identified Zaldy as one of the attackers who hacked and shot Armando Porras, negated self-defense. Zaldy’s flight after the incident and his arrest four months later were indications of guilt.
2. The alibi of Mamerto Jagolingay Sr. was likewise rejected. Ruth Porras positively identified him as one of the assailants who hacked Alfredo Porras Jr. and cut his throat. Positive identification prevails over alibi.
The Court modified the penalties. In Crim. Case No. 35943 ( G.R. No. 117399 ), Zaldy Jagolingay was found guilty of Homicide for killing Armando Porras, as treachery was not proven. He was sentenced to an indeterminate prison term of 6 years, 4 months, and 10 days of prision mayor minimum as minimum, to 14 years, 8 months, and 20 days of reclusion temporal medium as maximum, and ordered to indemnify the heirs. In Crim. Case No. 35944 (G.R. No. 117400), Zaldy Jagolingay and Mamerto Jagolingay Sr. were found guilty of Murder for killing Alfredo Porras Jr., qualified by treachery, and were sentenced to reclusion perpetua and ordered to indemnify the heirs.