G.R. No. 137407 ; January 28, 2003
People of the Philippines, plaintiff-appellee, vs. Willerie Avendaño, accused-appellant.

FACTS

Accused-appellant Willerie Avendaño was charged with two counts of murder for the deaths of Remedios Castillo and Melvin Castillo. The prosecution’s principal witness was Jeffre Castillo, the eight-year-old son of Remedios and brother of Melvin. Jeffre testified that on the evening of July 29, 1997, appellant was in their house looking for his plow. Later that night, while Jeffre, his mother, and brother were sleeping, he was awakened by a commotion and heard his mother shout for help. The room was dark. He heard his brother Melvin say, “Kuya Willie, tama, na, tama na!” before being killed. Jeffre recognized the cough of the assailant as that of appellant, whom he knew as “Kuya Willie.” The following morning, he informed relatives that appellant killed his mother and brother. Other prosecution witnesses, Juliana Castillo and Virgilio Castillo, testified that appellant frequented the victims’ house, especially when the husband was away, and that Remedios had confided appellant was courting her. SPO2 Esteban Mariano Dimalaluan testified that during investigation, appellant orally admitted the killings and later surrendered a hunting knife. The defense presented only appellant, who denied the charges and interposed an alibi.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt that appellant is guilty of two counts of murder.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The trial court’s finding of guilt was upheld based on the credible testimony of child witness Jeffre Castillo, which was consistent and given in a straightforward manner. His testimony was corroborated by the witnesses who placed appellant at the scene and by the appellant’s oral confession and surrender of the weapon. The Court found the qualifying circumstance of treachery was present, as the attack was sudden and unexpected, rendering the victims defenseless. However, the Court ruled that the aggravating circumstance of nighttime was not proven to have been deliberately sought. The Court also found that the trial court erred in convicting appellant of two counts of murder under a single information, as this violated the rule against duplicity of offenses. Consequently, the Court modified the penalty from death to reclusion perpetua for each count of murder and ordered appellant to pay civil indemnity, moral damages, and actual damages to the heirs of the victims.