G.R. No. 130597 February 21, 2001
People of the Philippines vs. Elmer Bolivar y Moyco, Jaime Malinao y Gabuna, Rolando Malinao y Llenas

FACTS

The accused-appellants, Elmer Bolivar, Rolando Malinao, Sr., and Jaime Malinao, were convicted of murder for the killing of Rudy de Juan. The incident occurred around 1:00 a.m. on March 13, 1995, in Sitio Kawit, Looc, Romblon. Earlier that evening, a quarrel transpired at a dance hall between the victim’s cousin, Boyet de Juan, and Rolando, Jr., the son of accused Rolando, Sr. Later, as Rudy de Juan, his wife Marilou, and other companions were walking home along a pathway near Rolando, Sr.’s house, Rolando, Sr. directed a flashlight beam at them from inside his fence. He was accompanied by his sons, Jaime and Rolando, Jr., and his son-in-law, Elmer. Jaime and Elmer were armed with a shotgun and an armalite rifle, respectively. Rolando, Jr. went out to confront Rudy, but after a brief exchange, Elmer and Jaime opened fire. Rudy and Rolando, Jr. were both hit and fell. Jaime then approached and stabbed Rudy with a bolo. Both Rudy and Rolando, Jr. died from their wounds. Prosecution eyewitnesses Herminia Nazareno and Johnny Mariano positively identified the appellants and recounted the events, noting adequate illumination from a flashlight, a full moon, and their proximity to the scene.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellants for the crime of murder beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The positive and categorical testimonies of eyewitnesses Herminia Nazareno and Johnny Mariano, who had no ill motive to testify falsely, prevailed over the defenses of denial and alibi offered by the appellants. The Court found their testimonies credible, consistent, and corroborated by physical evidence. The qualifying circumstance of treachery was correctly appreciated. The attack was sudden and unexpected, executed in a manner that deprived the unarmed victim of any chance to defend himself or retaliate, ensuring the execution of the crime without risk to the assailants. The Court modified the penalties. For Jaime Malinao, who was a minor over fifteen but under eighteen at the time of the commission of the crime, the penalty was reduced by one degree pursuant to Article 68 of the Revised Penal Code, resulting in an indeterminate sentence. The penalties of reclusion perpetua for Elmer Bolivar and Rolando Malinao, Sr. were affirmed. The Court also awarded moral damages to the victim’s heirs in addition to civil indemnity and actual damages.