G.R. No. 122735 September 25, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGELIO ANDRES, ANTONIO SUMILATA, BERNARDO LARGO, ROBERTO TUGADO, RUFO ADVINCULA, RAYMUN RIOS (at large) and JIMMY LAURENTE (at large), accused, ROGELIO ANDRES, ANTONIO SUMILATA, BERNARDO LARGO and ROBERTO TUGADO, appellants.

FACTS

An amended Information for murder was filed against seven accused, including appellants Rogelio Andres, Antonio Sumilata, Bernardo Largo, and Roberto Tugado, for the killing of prison guard Domingo Astrande on June 20, 1994, at the Sablayan Prison and Penal Farm. The accused were alleged to have conspired, armed with sharp bladed instruments, and attacked the victim with treachery and evident premeditation. After trial, the Regional Trial Court acquitted Rufo Advincula but found the four appellants guilty beyond reasonable doubt of murder and sentenced them to “reclusion perpetua to death” and ordered them to indemnify the heirs of the victim. The appellants appealed the decision.
The prosecution presented several witnesses who were inmates at the prison hospital. Danilo de la Cruz testified that he saw appellants Sumilata, Andres, Largo, and Tugado, along with the at-large accused Laurente and Rios, assault and stab Astrande. He specifically saw Sumilata stab the victim, Andres stab him on the chest, and Largo hold and stab him on the back. Ante Fernando testified he saw Laurente and Rios run away from Astrande’s body with knives, and saw appellants Andres, Largo, and Tugado standing there. Herbert Diada testified that all appellants, along with Laurente and Rios, helped one another in stabbing and killing Astrande, who was shouting for mercy. Nicomedes Tabar testified he saw Laurente, Rios, Tugado, and Andres stab Astrande, and saw Largo hit the victim on the neck with a night stick. Dr. Vicente Barreto Jr. testified the victim sustained 27 hack and incised wounds from possibly five to six weapons. Edna Bangbang Astrande testified on burial expenses.
The defense consisted of alibi and denial. Appellant Andres claimed he was 300 meters away in a guardhouse quarters at the time. Appellant Largo claimed he was inside the hospital watching TV with the victim when Laurente and Rios suddenly arrived and stabbed Astrande, after which he and another ran for help. Appellants generally denied participation.

ISSUE

The central issue is whether the guilt of the appellants for the crime of murder was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction of appellants Rogelio Andres, Antonio Sumilata, Bernardo Largo, and Roberto Tugado for the crime of Murder, but modified the penalty to reclusion perpetua. The Court applied the following doctrines: (1) the trial court’s factual findings on witness credibility deserve great respect; (2) positive identification prevails over denial and alibi; (3) the testimony of a single credible witness is sufficient to support a conviction even for murder; and (4) where treachery qualifies the killing and no other aggravating circumstances are present, the crime is murder punishable by reclusion perpetua.
The Court found the testimonies of the prosecution witnesses credible, consistent on material points, and given under clear visibility from a short distance. The witnesses positively identified the appellants as participants in the concerted attack. The defense of alibi was weak and could not prevail over the positive identification. The appellants’ collective actions indicated conspiracy. The killing was attended by treachery because the attack was sudden and unexpected, giving the victim no chance to defend himself. The Court corrected the penalty imposed by the trial court, as the proper penalty for murder under the circumstances is reclusion perpetua, not a range. The award of indemnity was increased to P50,000.00, and the award for actual damages was deleted for lack of sufficient evidence, but temperate damages of P25,000.00 were granted.