G.R. No. 119307, August 20, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RENANTE SISON alias “DANTE”, accused-appellant.

FACTS

Accused-appellant Renante Sison was convicted of murder by the Regional Trial Court of Dagupan City for the killing of Edwin Abrigo. The Information alleged that on or about midnight of May 21, 1993, in Barangay Maticmatic, Sta. Barbara, Pangasinan, accused, acting in conspiracy with Jessie Sison, armed with a bladed weapon, with intent to kill, evident premeditation, and abuse of superior strength, stabbed Edwin Abrigo, causing his death. Both accused were arraigned on September 10, 1993; Renante pled not guilty, while Jessie’s arraignment was suspended as he was found mentally unfit. After recovery, Jessie was discharged as a state witness over appellant’s opposition. Jessie Sison testified that around midnight of May 21, 1993, appellant and Alfredo Cervantes woke him up. Appellant, whose clothes were bloodied and who was armed with a bayonet, stated, “I killed someone. Come with me and we will bury him.” Fearing for his life, Jessie accompanied them to the Sinucalan river where they buried a cadaver, later identified as Edwin Abrigo. Aurora Sison, Jessie’s mother, corroborated this, testifying she saw appellant with a blood-stained shirt and a bayonet, threatening Jessie, and later followed them to the riverbank where she saw a corpse. Jonathan Abrigo, the victim’s brother, testified that on May 11, 1993, he heard appellant, during a drinking spree, threaten to kill Edwin. He reported this to his mother and informed Edwin on May 20. Edwin’s body was discovered on May 23 in a shallow grave near the river, identified by his ring and pants. The post-mortem examination revealed stab wounds. In defense, appellant testified he was at work on May 21, and later that night went to borrow an icebag for his sick son. On his return, he met Alfredo Cervantes, who told him Edwin was missing and Jessie was the suspect. They then went to Jessie’s house to inform him. Appellant denied the allegations and claimed a prior misunderstanding with Jessie. His wife, Remedios Sison, corroborated his alibi but gave a conflicting time of his return. The trial court convicted appellant of murder, giving credence to the prosecution witnesses and finding appellant’s defense not credible.

ISSUE

Whether the trial court erred in convicting accused-appellant Renante Sison of the crime of murder.

RULING

The Supreme Court modified the trial court’s decision. It held that the prosecution evidence sufficiently established appellant’s guilt for the killing of Edwin Abrigo. The testimonies of Jessie Sison and Aurora Sison, which were consistent and credible, directly implicated appellant. Appellant’s denial and alibi could not prevail over these positive identifications. However, the Court found that the qualifying circumstances of evident premeditation and abuse of superior strength were not proven with certainty. The threat made by appellant ten days before the killing was insufficient to establish evident premeditation, as there was no proof of the time when the offender determined to commit the crime, an act manifestly indicating that determination, and a sufficient lapse of time between determination and execution. Abuse of superior strength was not established as there was no evidence regarding the relative strength of the aggressor and the victim or how such advantage was used to facilitate the crime. Treachery was also not alleged in the Information. Consequently, the crime committed was homicide, not murder. The penalty for homicide is reclusion temporal. Applying the Indeterminate Sentence Law, appellant was sentenced to an indeterminate penalty of ten (10) years and one (1) day of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum. The appealed decision was modified accordingly.