GR 142874; (July, 2002) (Digest)
G.R. No. 142874; July 31, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRANCISCO ABAYON, JOSE ABAYON (at large), JONATHAN ABAYON, (at large), CELSO ABAYON, PILOY DELA SERNA and IRENEO DE LEON, accused.
FACTS
This is an automatic review of the death penalty imposed by the Regional Trial Court of Dipolog City. The accused were convicted of Rape with Homicide for the killing of the entire Alibio family—Nelson, his wife Myrna, and their three minor children—on the evening of May 11, 1994, in Barangay Sto. Niño, Sibuco, Zamboanga del Norte. The prosecution’s case rested primarily on the eyewitness account of Vicente Dauba, a tenant and nephew of accused Jose Abayon. Dauba testified that after a celebration of Jose’s electoral victory, the group proceeded to the house of tenant Nelson Alibio. There, they found Francisco Abayon sexually assaulting Myrna. A struggle ensued, leading to Nelson being tied up and beaten to death. Jose Abayon then raped Myrna, after which his co-accused took turns. Jose then shot Nelson and Myrna. The three children were subsequently bludgeoned to death. The bodies were buried at the Tangarak Riverbank. The accused, except for Jose and Jonathan who remained at large, denied the accusations, proffering alibi and claiming Dauba was a disgruntled former tenant.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused beyond reasonable doubt, particularly in light of the defense of alibi and denial, and whether the death penalty was properly imposed.
RULING
The Supreme Court affirmed the conviction but modified the penalty and damages. The Court found the testimony of eyewitness Vicente Dauba credible, positive, and consistent. He provided a detailed and coherent narrative of the gruesome events, which the trial court rightly accepted. His relationship to the accused did not impair his credibility; in fact, it lent more weight to his testimony as it was unnatural for a relative to falsely accuse family members of such a heinous crime. The defense of alibi and denial was correctly rejected. For alibi to prosper, the accused must prove not only their presence elsewhere but also the physical impossibility of being at the crime scene. The accused failed to do so, as Tangarak was only six kilometers away and accessible by foot. Denial, being inherently weak, cannot prevail over positive identification.
However, the Court modified the legal characterization of the crime. The Information charged “Rape with Multiple Homicide.” The Court clarified that under Article 266-B of the Revised Penal Code, the special complex crime of rape with homicide contemplates the death of a single victim as a consequence of the rape. The killing of multiple persons, including the rape victim’s spouse and children, constitutes separate offenses. Thus, the accused are guilty of one count of rape with homicide for the death of Myrna Alibio, and four counts of murder for the deaths of Nelson and the three children. The qualifying circumstance of treachery was present in the killings of the children, who were defenseless minors. The death penalty for the rape with homicide charge was affirmed. For the four murders, the penalty is reclusion perpetua, as no aggravating circumstances were proven for those counts. Civil indemnities were also increased in accordance with prevailing jurisprudence.