G.R. No. 130490; June 19, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VENANCIO FRANCISCO y BERNALDO alias “MABINI” and ERNIE MANSAMAD alias “NONO”, accused-appellants.

FACTS

Accused-appellants Venancio Francisco and Ernie Mansamad were charged with Murder for the killing of Danilo Mendoza and Attempted Murder for the wounding of Josefina Montoya-Mendoza. The incident occurred around 1:00 AM on April 21, 1994, in Barangay Evangelista, Naujan, Oriental Mindoro. The prosecution established that while Josefina and Danilo Mendoza were walking home from a barangay fiesta, Francisco suddenly appeared, shouted at them, and immediately stabbed Danilo. Francisco repeatedly stabbed the victim while calling for a bolo from his companion, Mansamad, who then hacked Danilo. Josefina intervened and was herself stabbed three times by Francisco. Prosecution witnesses Josefina and Supremo Macatangay positively identified both accused, attesting to sufficient illumination from the moon and their use of flashlights.
The defense presented alibi. Francisco claimed he was at a different location attending to a sick child, while Mansamad alleged he was sleeping at home. The Regional Trial Court convicted both accused of Murder and Attempted Murder. On automatic review, the Court of Appeals affirmed the Murder conviction but modified the Attempted Murder charge, prompting the case’s elevation to the Supreme Court.

ISSUE

The primary issue is whether the guilt of the accused-appellants for the crimes charged was proven beyond reasonable doubt. A subsidiary issue involves the proper classification of the crime committed against Josefina Montoya-Mendoza.

RULING

The Supreme Court affirmed the Court of Appeals’ decision. The positive identification of the accused-appellants by two eyewitnesses, Josefina Mendoza and Supremo Macatangay, was deemed credible and sufficient to establish guilt beyond reasonable doubt for the murder of Danilo Mendoza. The Court found the witnesses’ testimonies consistent and reliable, noting that illumination from the moon and flashlights enabled clear recognition. The defense of alibi was correctly rejected for being weak and unsubstantiated. The qualifying circumstance of treachery was present, as the sudden and unexpected attack deprived the victim of any chance to defend himself.
Regarding the attack on Josefina, the Court agreed with the modification. The prosecution failed to prove the specific intent to kill Josefina beyond reasonable doubt. The nature of her wounds—superficial and requiring less than nine days to heal—did not clearly manifest an intent to kill. Applying the principle that in case of doubt the accused should be convicted of a lesser offense, the Court held that Francisco was guilty only of slight physical injuries for his actions against Josefina. Conspiracy was not proven for this particular act against Josefina, thus Mansamad was absolved of liability for it. The penalty for Murder is reclusion perpetua.