GR 137601; (April, 2003) (Digest)
G.R. No. 137601; April 24, 2003
THE PEOPLE OF THE PHILIPPINES, appellee, vs. WINCHESTER ABUT, RITCHIE WASLO and GREGMAR BALIGA, accused, WINCHESTER ABUT and GREGMAR BALIGA, appellants.
FACTS
On September 20, 1997, at around 2:00 a.m., appellants Winchester Abut and Gregmar Baliga, along with an at-large co-accused Ritchie Waslo, mauled and stabbed Edgar Galarpe to death at the National Park in Initao, Misamis Oriental. The incident occurred after the victim and his girlfriend, Maricar Perez, along with another couple, had gone to the park. The appellants and Waslo arrived shortly after. Abut approached the victim under the pretense of an introduction, then suddenly assaulted him. The three assailants collectively attacked Galarpe, using their fists, broken bottles, and bladed weapons, inflicting multiple stab wounds as confirmed by medico-legal findings.
The prosecution presented eyewitnesses Maricar Perez and Rosie Pabela, who consistently identified the appellants as perpetrators. They testified to seeing the appellants and Waslo gang up on the victim, stabbing him repeatedly despite his pleas. The defense of denial and alibi was presented, claiming they were elsewhere during the incident.
ISSUE
Whether the guilt of appellants Winchester Abut and Gregmar Baliga for the crime of Murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction for Murder qualified by abuse of superior strength but modified the penalties. The trial court’s assessment of witness credibility is accorded great respect, and the positive identification by eyewitnesses prevails over the weak defenses of denial and alibi. The witnesses had no ill motive to falsely testify and their narratives were consistent and corroborated by physical evidence. The manner of attack—three assailants collectively assaulting a single, unarmed victim—clearly constituted abuse of superior strength, qualifying the killing as Murder.
Regarding penalties, the Court modified the trial court’s decision. For Winchester Abut, with no modifying circumstances, the proper penalty is reclusion perpetua, not death, as the qualifying circumstance of abuse of superior strength was not alleged with specificity in the Information to warrant the capital penalty. For Gregmar Baliga, the privilege mitigating circumstance of minority was properly appreciated, warranting the imposition of an indeterminate sentence. The appellants were ordered to pay, in solidum, P50,000 as civil indemnity to the victim’s heirs, while the award for moral damages was deleted for lack of evidentiary basis.