G.R. No. 147649 December 17, 2002
People of the Philippines, plaintiff-appellee, vs. Frank Lobrigas, Marlito Lobrigas (At Large) and Teodorico Mante (acquitted), accused. Frank Lobrigas, accused-appellant.

FACTS

Accused-appellant Frank Lobrigas, along with Marlito Lobrigas and Teodorico Mante, was charged with Murder for the death of Felix Taylaran. The information alleged that on February 19, 1996, in Loon, Bohol, the accused, conspiring and mutually helping one another, with intent to kill, treachery, and abuse of superior strength, attacked, assaulted, and boxed the 76-year-old victim, inflicting fatal injuries. Frank Lobrigas and Teodorico Mante were arrested; Marlito Lobrigas remained at large. Frank Lobrigas escaped detention but was later re-arrested. After a separate trial, the Regional Trial Court convicted Frank Lobrigas of Murder, sentencing him to reclusion perpetua and ordering him to pay P50,000.00 as cumulated damages to the victim’s heirs. He appealed.
The prosecution evidence established that the victim, Felix Taylaran, was a farmhand. On February 19, 1996, he went to the store of Teodorico Mante. At 4:00 p.m., he returned to his employer’s house with bruises and injuries, stating he was mauled by Frank Lobrigas, Marlito Lobrigas, and Teodorico Mante at the store. The next day, he went to his daughter, Rosa Taylaran Solarte, reported the same assailants, and then went to a relative’s house to recuperate. He died the following day. The autopsy concluded the cause of death was internal hemorrhage from severe beating on the chest.
The defense presented accused-appellant’s version: he was at Mante’s store drinking with companions, including the victim. The victim became rowdy, drew a knife, which was confiscated. After the victim left, Mante and Marlito Lobrigas followed him. Accused-appellant claimed he stayed behind, fell asleep on a bench, and only learned of the mauling later. He denied evading arrest, claiming he went to Cebu for work, was arrested upon his return, and later escaped from jail because the cell door was open and unguarded.

ISSUE

The main issue is whether the testimonies of the prosecution witnesses and the evidence of flight are sufficient to establish the guilt of accused-appellant beyond reasonable doubt.

RULING

The Supreme Court modified the decision. It held that the conviction based on circumstantial evidence was proper, as the combination of circumstances produced a conviction beyond reasonable doubt. These circumstances included: (1) the victim, accused-appellant, and others were together drinking; (2) the victim’s immediate declarations to Castor Guden and his daughter Rosa Solarte identifying accused-appellant as one of the assailants were admissible as part of the res gestae; (3) the medical finding that death resulted from severe beating; and (4) accused-appellant’s flight and escape from detention.
However, the Court found that the qualifying circumstance of abuse of superior strength was not sufficiently proven. The prosecution did not clearly show that the accused-appellant and his companions deliberately used their combined strength to take advantage of their superiority. Thus, the crime committed was Homicide, not Murder.
The penalty for Homicide is reclusion temporal. With no aggravating or mitigating circumstances, it is imposed in its medium period. Applying the Indeterminate Sentence Law, the minimum is taken from prision mayor. Accused-appellant is sentenced to an indeterminate penalty of 8 years and 1 day of prision mayor, as minimum, to 14 years, 8 months, and 1 day of reclusion temporal, as maximum.
Regarding damages, the award of P50,000.00 as cumulated actual, exemplary, and moral damages was modified. Actual damages were deleted for lack of substantiation. Exemplary damages were deleted due to the absence of aggravating circumstances. Moral damages of P50,000.00 were affirmed.
WHEREFORE, accused-appellant Frank Lobrigas is found GUILTY of Homicide and sentenced accordingly. He is ORDERED to pay the heirs of the victim moral damages of P50,000.00 and costs. The awards of actual and exemplary damages are DELETED.