G.R. No. 130177; October 11, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOAQUIN BARRAMEDA and ADOLFO BELGA, accused-appellants.

FACTS

Accused-appellants Joaquin Barrameda and Adolfo Belga were charged with murder for the killing of Ruperto Dizon. The prosecution presented eyewitness Romeo Barsaga, who testified that on the evening of June 9, 1996, he saw from a distance of about five meters the two accused simultaneously hacking the unarmed victim with bolos until he fell. The defense presented a different narrative. Barrameda claimed he acted alone in defense of his wife, whom the victim was allegedly assaulting. Belga asserted an alibi, stating he was asleep inside the house during the incident. The trial court convicted both accused of murder qualified by treachery and abuse of superior strength and sentenced them to death.

ISSUE

Whether the accused-appellants are guilty of murder.

RULING

The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found the testimony of prosecution eyewitness Romeo Barsaga credible, positive, and consistent. His account was corroborated by the autopsy report showing multiple hacked wounds. The defenses of denial and alibi cannot prevail over this positive identification. The Court, however, disagreed with the trial court’s finding of treachery. The prosecution failed to prove how the attack commenced; thus, the manner of execution was not established with certainty to qualify the killing as treacherous. Nevertheless, the killing was properly qualified as murder due to abuse of superior strength, which was expressly alleged in the Information. The circumstance was present as the two accused, armed with bolos, jointly attacked the lone and unarmed victim, employing force out of proportion to any defense available to him. The penalty was reduced to reclusion perpetua in the absence of aggravating circumstances. The awards of civil indemnity, moral damages, and actual damages for funeral expenses were sustained.