GR 131116; (August, 1999) (Digest)
G.R. No. 131116. August 27, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO L. SANCHEZ, ARTEMIO AVERION, LANDRITO “DING” PERADILLAS and LUIS CORCOLON, accused, ANTONIO L. SANCHEZ and ARTEMIO AVERION, accused-appellants.
FACTS
On April 13, 1991, state witness Vivencio Malabanan, a policeman and part of Mayor Antonio L. Sanchez’s security, was at the Bishop Compound in Calauan, Laguna. Accused Ding Peradillas arrived and informed Mayor Sanchez about a birthday party at the house of Dr. Virvilio Velecina, a political opponent, that night, assuring him that Nelson Peñalosa, a political leader of Velecina, would be present. Mayor Sanchez replied, “Bahala na kayo mga anak. Ayusin lang ninyo ang trabaho,” which Peradillas, Corcolon, and Averion understood as an order to kill Nelson Peñalosa. They arranged for two-way radios and a vehicle. That evening, they pursued Nelson Peñalosa’s jeep. Peradillas and Corcolon fired automatic weapons at the jeep, killing both Nelson Peñalosa and his son Rickson Peñalosa. The group then reported to Mayor Sanchez that Peñalosa was dead. The accused interposed the defense of alibi and denial. The Regional Trial Court found all accused guilty of double murder. Only Sanchez and Averion appealed.
ISSUE
Whether the accused-appellants are guilty beyond reasonable doubt of the complex crime of double murder.
RULING
The Supreme Court affirmed the decision of the Regional Trial Court. The testimony of state witness Vivencio Malabanan was found credible and sufficient to establish conspiracy among all the accused, including Mayor Sanchez, who gave the order to kill. The defense of alibi and denial cannot prevail over the positive identification by a credible witness. The qualifying circumstances of treachery and evident premeditation were present. The court sentenced each accused to reclusion perpetua and ordered them to pay jointly and severally the heirs of the victims P100,000.00 as civil indemnity for each death, P50,000.00 as actual damages, P50,000.00 as moral damages, and P30,000.00 as exemplary damages.