GR 132350; (July, 2000) (Digest)
G.R. No. 132350; July 5, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUTER ORCULA, SR., LUTER ORCULA, JR., ROLANDO ORCULA, and NESTOR ORCULA, accused, LUTER ORCULA, SR., accused-appellant.
FACTS
Accused-appellant Luter Orcula, Sr., along with his three sons, was charged with the murder of their neighbor, Oscar Caldoza, stemming from a land boundary dispute. Prosecution witness Teodoro Polinar, Jr. testified that on March 20, 1994, at around 7:00 p.m., he saw the four Orculas surrounding Caldoza, with Nestor armed with a bolo and the others holding pieces of wood. Upon hearing someone shout “dam-agan nato ni,” Caldoza ran but was chased by the group. Later that evening, another witness, Teodoro Alimasac, met the Orculas on the road and noticed Luter, Jr. carrying a spade. The following morning, Caldoza’s body was found buried in a banana plantation, with a spade left nearby that Alimasac identified.
The defense presented an alibi, with Luter, Sr. claiming he was in Pamakawon, Asuncion, Davao, visiting his children from March 19 until after the crime. This was corroborated by his daughter and nephew. The Regional Trial Court convicted Luter, Sr. of murder based on circumstantial evidence and sentenced him to reclusion perpetua.
ISSUE
Whether the circumstantial evidence presented by the prosecution is sufficient to prove the guilt of accused-appellant Luter Orcula, Sr. beyond reasonable doubt.
RULING
Yes, the conviction is affirmed but modified from murder to homicide. The Supreme Court held that the totality of the circumstantial evidence satisfied the requirements for conviction under Section 4, Rule 133 of the Revised Rules of Court. The proven circumstances were: (1) the existence of a motive due to a land dispute; (2) Polinar’s eyewitness account of the Orculas surrounding and chasing the victim; (3) Alimasac’s testimony seeing Luter, Jr. with a spade near the time and place of the crime; and (4) the discovery of the victim’s buried body with the identified spade nearby. Taken together, these facts form an unbroken chain leading to the reasonable conclusion that Luter, Sr. participated in the killing.
However, the qualifying circumstances of treachery and evident premeditation were not proven with equal certainty. The prosecution failed to establish how the attack commenced, which is essential to prove treachery. The information did not allege abuse of superior strength, which the trial court erroneously appreciated. With no qualifying circumstance present, the crime is homicide, not murder. The penalty is modified to an indeterminate sentence of eight (8) years and one (1) day of prision mayor as minimum, to twelve (12) years and one (1) day of reclusion temporal as maximum. The awards of civil indemnity and moral damages are sustained.