GR 134565; (August, 2001) (Digest)
G.R. No. 134565 ; August 9, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EX-KGD. LUDIVINO MIANA, SR., LUDIVINO MIANA, JR. (at large), ALFONSO MIANA, MOODY MIANA (at large), SALVADOR MIANA, JOHNNY PALASIGUE, DARWIN VIDAL, and JOEL MIANA, accused. EX-KGD. LUDIVINO MIANA, SR., ALFONSO MIANA, SALVADOR MIANA, JOHNNY PALASIGUE, DARWIN VIDAL, and JOEL MIANA, accused-appellants.
FACTS
The accused-appellants were charged with Murder for the killing of Avenido Miana, Sr. on the evening of November 19, 1995, in Barangay Luna, Natividad, Pangasinan. The prosecution’s evidence, primarily from eyewitness Wilson Miana (the victim’s son) and Angeline Miana, established that a group including Ludivino Miana, Jr., Darwin Vidal, Alfonso Miana, and Lito Andrada entered a store after the victim. Accused-appellant Ludivino Miana, Sr., standing near his house, shouted, “Patayenyo ketdin!” (Kill him!). The group, joined by others including Salvador Miana, Johnny Palasigue, and Joel Miana, then attacked Avenido Sr. During the attack, Ludivino Miana, Jr. stabbed the victim in the back, and Darwin Vidal hit him on the head with a stone. The autopsy confirmed a fatal stab wound and other injuries. The defense presented alibis and a claim of self-defense by Joel Miana, who alleged he wrestled a knife from the victim and stabbed him during an attack. The trial court convicted all accused-appellants of murder qualified by abuse of superior strength and sentenced them to reclusion perpetua.
ISSUE
The primary issue is whether the trial court correctly found the accused-appellants guilty of murder beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. It held that the positive identification by credible eyewitnesses prevailed over the defenses of denial and alibi. The Court found the testimonies of prosecution witnesses Wilson and Angeline Miana clear, consistent, and credible. The claim of self-defense by Joel Miana failed because he did not prove unlawful aggression by the victim; his flight after the incident and failure to immediately report it negated his claim. The Court agreed with the trial court’s finding of conspiracy, as the accused-appellants acted in concert to achieve a common purpose, evidenced by Ludivino Miana, Sr.’s exhortation to kill and the collective assault. The qualifying circumstance of abuse of superior strength was properly appreciated due to the number of assailants (nine) against one unarmed victim. The penalty of reclusion perpetua was affirmed, and the award of P300,000.00 as civil indemnity was sustained.