GR 132024; (June, 1999) (Digest)
G.R. No. 132024 June 17, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONARDO BIHISON y SILENCIO, PEPITO KADUSALE y DEIS and RELITO TIPONTIPON y ESTOY, accused-appellants.
FACTS
Accused-appellants Pepito Kadusale, Relito Tipontipon, Eduardo Bihison, and Leonardo Bihison were charged with Murder for the killing of Honorio Lintag in Silang, Cavite. Of the fourteen accused, only five, including appellants, were arrested and arraigned. During trial, the defense counsel repeatedly failed to appear, leading the trial court to declare a waiver of the accused’s right to present further evidence. The trial court subsequently found the accused guilty of Murder and sentenced them to an indeterminate penalty.
ISSUE
The primary issue is whether the Court of Appeals correctly affirmed the conviction for Murder and modified the penalty to reclusion perpetua.
RULING
The Supreme Court affirmed the conviction and the penalty of reclusion perpetua. On the factual findings, the Court upheld the credibility of the prosecution witnesses, Rosalinda Mendoza and Irenea Zacarias, who positively identified appellants as among those who attacked the victim. The Court ruled that minor inconsistencies in their testimonies on collateral matters did not impair their credibility but instead indicated spontaneity. The qualifying circumstance of treachery was sufficiently established, as the attack was sudden and rendered the victim defenseless.
Regarding the penalty, the Court agreed with the appellate court’s modification. Applying the ruling in People vs. Muñoz, the Court held that the constitutional prohibition of the death penalty did not alter the prescribed penalty for Murder under Article 248 of the Revised Penal Code, which remains reclusion temporal maximum to death. In the absence of any modifying circumstance, the proper penalty is reclusion perpetua, being the medium period of the penalty range. The civil indemnity was affirmed, but the award of exemplary damages was deleted due to the absence of any aggravating circumstance.