G.R. No. 130078 -82; October 4, 2002
People of the Philippines, plaintiff-appellee, vs. Maximo Delmo y Isla, Edmund Delmo y Velasquez, Francisco Lapiz y Reyes, and Danilo Lapiz y Reyes, accused-appellants.

FACTS

On September 9, 1995, the bodies of Nancy Payumo and her children Joanna Rose, Maria Angela, and John Anton were found brutally murdered in their Sta. Rosa, Laguna residence. The youngest daughter, Helen Grace Payumo, survived multiple stab wounds. Acting on a tip, police apprehended appellants Danilo Lapiz, Francisco “Kit” Lapiz, Edmund Delmo, and Maximo Delmo. While in custody, Danilo Lapiz gave an extrajudicial confession implicating the two Delmos and his brother Francisco. However, upon recovering from a coma, Helen Grace initially identified three other teenagers as the perpetrators. She later retracted this and, in a sworn statement dated January 18, 1996, identified Maximo Delmo, Edmund Delmo, and Francisco Lapiz as the culprits. Charges against the teenagers were dismissed, and Informations for four counts of murder and one count of frustrated murder were filed against the four appellants. The prosecution’s case relied heavily on the testimony of Helen Grace, who narrated that she was awakened by noise, saw the appellants in her house restraining and then stabbing her family members, and was herself stabbed. The appellants interposed the defense of alibi, claiming they were elsewhere playing mahjong. The Regional Trial Court found Maximo Delmo, Edmund Delmo, and Francisco Lapiz guilty as principals and sentenced them to death for each murder and reclusion perpetua for frustrated murder. Danilo Lapiz was found guilty as an accomplice and sentenced to reclusion perpetua for each murder and an indeterminate penalty for frustrated murder.

ISSUE

The primary issue for automatic review is the correctness of the trial court’s decision finding the appellants guilty beyond reasonable doubt of the crimes charged.

RULING

The Supreme Court affirmed the convictions but modified the penalties. The Court found the testimony of Helen Grace credible, positive, and consistent, and sufficient to establish the guilt of Maximo Delmo, Edmund Delmo, and Francisco Lapiz beyond reasonable doubt. The defense of alibi was rejected for being weak and unsubstantiated. The qualifying circumstances of treachery and abuse of superior strength were present, warranting convictions for murder. However, the death penalty was reduced to reclusion perpetua for each count of murder because the Informations did not allege the specific aggravating circumstance of dwelling, which the trial court used to justify the death penalty. The Court also affirmed Danilo Lapiz’s conviction as an accomplice, finding that his presence and actions, as detailed in his extrajudicial confession (which was corroborated by Helen Grace’s testimony and found to be voluntarily given), facilitated the commission of the crime. His penalty of reclusion perpetua for each murder was affirmed. All appellants were ordered to pay civil indemnity, moral damages, and actual damages to the victims’ heirs.