GR 137989; (March, 2001) (Digest)
G.R. No. 137989 March 27, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SONNY MATIONG, ALCEDE MATIONG, and ANTONIO ALFARO, accused-appellants.
FACTS
Accused-appellants Sonny Mationg, Alcede Mationg, and Antonio Alfaro were convicted of Murder and sentenced to death by the Regional Trial Court for the killing of Marcelino Isturis on December 19, 1994. The prosecution presented eyewitnesses Epifanio Retis and Teresito Relimbo, who testified they saw the appellants, armed with bolos, surround and repeatedly hack the unarmed victim on a feeder road in Barangay Polocate, Banga, Aklan. The medical report detailed thirty-seven hacking and stab wounds, six of which were fatal wounds to the head. The defense consisted of alibi, claiming they were elsewhere during the incident.
ISSUE
Whether the guilt of the accused-appellants for the crime of Murder was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction for Murder but modified the penalty. The Court found the testimonies of the prosecution eyewitnesses credible, positive, and consistent, clearly establishing the appellants’ concerted action in attacking the victim. The defense of alibi was correctly rejected for being weak and unsubstantiated, especially as the appellants failed to prove it was physically impossible for them to be at the crime scene. The qualifying circumstance of treachery was duly proven, as the attack was sudden and from behind, rendering the victim defenseless. However, the Court found that the aggravating circumstance of evident premeditation was not established with equal certainty, as the prosecution failed to prove the time when the appellants determined to commit the crime and an act manifestly indicating their unwavering commitment. Consequently, with treachery as the sole qualifying circumstance and no generic aggravating circumstances, the proper penalty under Article 248 of the Revised Penal Code is reclusion perpetua, not death. The death penalty was thus reduced to reclusion perpetua. The award of civil indemnity was affirmed.