G.R. No. 142773; January 28, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARLON DELIM, LEON DELIM, MANUEL DELIM alias “BONG” (At Large), ROBERT DELIM (At Large), and RONALD DELIM alias “BONG”, accused-appellants.

FACTS

Accused-appellants Marlon, Ronald, and Leon Delim, along with two others at large, were charged with Murder. The victim, Modesto Delim (an adopted relative), was with his wife Rita and son Randy in their home on the evening of January 23, 1999, when Marlon, Robert, and Ronald, all armed with short firearms, barged in. They hog-tied and gagged Modesto, then abducted him. Leon and Manuel, also armed, stayed to guard Rita and Randy, preventing them from helping. Modesto’s body was found days later in a grassy area, bearing multiple gunshot and stab wounds (the latter characterized as defensive wounds). The autopsy concluded the cause of death was gunshot wounds to the head. The accused interposed alibi and denial as defenses. The Regional Trial Court found the three apprehended accused guilty beyond reasonable doubt of murder, qualified by treachery, and aggravated by superior strength, nighttime, and use of unlicensed firearms, sentencing them to death.

ISSUE

1. Whether the trial court gravely erred in finding the accused-appellants guilty beyond reasonable doubt of murder.
2. Whether the trial court gravely erred in finding that conspiracy existed.
3. Whether the trial court gravely erred in not giving weight to the defense of alibi.

RULING

The Supreme Court affirmed the conviction but modified the penalty and damages. The Court held that the positive identification by eyewitnesses Rita and Randy, who were familiar with the accused, prevailed over the weak defenses of alibi and denial. Conspiracy was duly established by the accused’s collective and coordinated actions in barging into the house, simultaneously subduing the victim, and some standing guard to prevent help, demonstrating a common purpose to kill. The qualifying circumstance of treachery was present because the attack was sudden, rendering the victim defenseless. However, the aggravating circumstances of abuse of superior strength and nighttime were absorbed in treachery. The use of unlicensed firearms was properly considered as an aggravating circumstance. The penalty of death was reduced to reclusion perpetua because the requisite qualifying circumstance for imposing the death penalty under Republic Act No. 7659 was not alleged with specificity in the Information. The Court awarded civil indemnity of P50,000, moral damages of P50,000, and exemplary damages of P25,000 to the victim’s heirs.