G.R. No. 130501. September 2, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ISABELO PEREZ y HALOG, DEOGRACIAS MENDOZA y PEREZ, DENNIS MENDOZA, GEORGE VALDEZ and “BOYET,” accused, ISABELO PEREZ y HALOG, appellant.

FACTS

Accused Isabelo Perez, Deogracias Mendoza, Dennis Mendoza, George Valdez, and one “Boyet” were charged with Murder for the killing of Mario Perol on January 6, 1991, in Barangay Payompon, Mamburao, Occidental Mindoro. The Information alleged conspiracy, treachery, and evident premeditation. Upon arraignment, Isabelo Perez, Deogracias Mendoza, and Dennis Mendoza pleaded not guilty; George Valdez and “Boyet” remained at large. Trial proceeded against the three. Deogracias Mendoza died before the promulgation of the Decision. The Regional Trial Court found Isabelo Perez and Dennis Mendoza guilty beyond reasonable doubt as principals by direct participation for Murder qualified by treachery and sentenced them to reclusion perpetua and to pay jointly and solidarily P50,000.00 to the heirs of Mario Perol. Only Isabelo Perez appealed.
The prosecution’s version, based primarily on the testimonies of Domingo Bernardo Jr. and Nelson Magpantay, is as follows: On January 1, 1991, Deogracias Mendoza and his son Dennis invited the victim Mario Perol to a drinking spree, where Deogracias offered Mario P10,000 to kill a certain Gregg, which Mario rejected. Later, Mario informed Gregg of the offer while Deogracias watched them. On January 6, 1991, around 9:00 p.m., Domingo and Nelson saw Deogracias angrily shouting invectives at Mario, saying “patayin iyan, patayin, babayaran iyan,” to which Mario replied, “Huwag kang magbiro ng ganyan Kuya Doming.” At that moment, Isabelo Perez held Mario’s right hand and twisted it behind his back. Deogracias then struck Mario’s left eyebrow with a sledgehammer. Dennis Mendoza and George Valdez beat Mario with lead pipes, while “Boyet” and two others joined in the mauling. When Mario was prostrate, Domingo saw Isabelo strike Mario with a sledgehammer. The witnesses, afraid, went home and later executed a joint sworn statement on January 10, 1991.
The defense version, based on testimonies including that of appellant Isabelo Perez and Olive Mendoza (wife of Deogracias), is as follows: On the evening of January 6, 1991, Isabelo Perez was at the Mendoza house. Mario “Boyet” Perol, who appeared drunk, arrived and asked for liquor. Perol insulted Perez, calling him a pig and saying his neck was nice to cut. Perez initially treated it as a joke. Perol continued his provocations, grabbed Perez’s plate during dinner, and said Perez should eat pig food. Perez left for Dennis Mendoza’s shop about 300 meters away, followed by Deogracias. Perol shouted that he would follow, went to his house to get a bolo, and despite Olive’s attempts to stop him, proceeded to the shop. The defense implies that any violence was in self-defense, but the appellant’s brief as summarized does not detail the actual altercation at the shop.

ISSUE

Whether the trial court erred in finding appellant Isabelo Perez guilty of Murder beyond reasonable doubt.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the assailed Decision. The Court upheld the trial court’s assessment of the credibility of the prosecution witnesses, giving it great respect, as the appellant failed to show that the lower court overlooked any important fact or misapprehended any relevant information that would negate its assessment. The prosecution evidence established the appellant’s participation in the killing. The qualifying circumstance of treachery was present because the attack was sudden and unexpected, rendering the victim unable to defend himself. The Court found no reason to deviate from the trial court’s findings and conclusions.