GR 137770; (January, 2001) (Digest)
G.R. No. 137770 . January 30, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO DULOT @ PANDOY, BILLY BATURIANO @ BILLY, FELIPE BATURIANO @ IPE, and GOMER BATURIANO, accused. BILLY BATURIANO, accused-appellant.
FACTS
On July 30, 1995, in Meycauayan, Bulacan, Dajohn Bautista was killed. The prosecution’s eyewitness, Braulo Rosete, testified that he and Dajohn were accosted by accused-appellant Billy Baturiano and Fernando Dulot. Dulot was armed with a knife. When Dajohn attempted to flee, he was blocked and caught by Felipe and Gomer Baturiano. Billy and Gomer then held Dajohn’s arms, rendering him defenseless, while Dulot and Felipe repeatedly stabbed him. The autopsy revealed fatal stab wounds, including one penetrating the heart. Billy Baturiano, the only accused apprehended, raised the defense of alibi, claiming he was at a neighbor’s house 100 meters away and only went to the scene after hearing about the stabbing.
ISSUE
Whether the accused-appellant, Billy Baturiano, is guilty of the crime of murder.
RULING
Yes. The Supreme Court affirmed the conviction. The positive identification by eyewitness Braulo Rosete, who had no ill motive to testify falsely, prevailed over the weak defense of alibi. The court found the witness’s account credible and consistent, detailing how appellant and his co-accused conspired to attack the victim. The essence of conspiracy is the community of criminal purpose, which can be inferred from the conduct of the accused before, during, and after the crime. Appellant’s act of holding the victim while others stabbed him demonstrated direct participation and a common design to kill.
The killing was qualified by treachery. The attack was sudden, and the victim was rendered helpless by being held, ensuring the execution of the crime without risk to the assailants. The penalty of reclusion perpetua was correctly imposed. On civil liability, the award of P50,000.00 as civil indemnity was sustained. However, actual damages were reduced to P15,000.00, supported only by a receipt for funeral expenses, and exemplary damages were reduced to P20,000.00 in line with prevailing jurisprudence. The decision of the trial court was affirmed with these modifications.