G.R. No. 152135; October 23, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCOS GIALOLO, FEDERICO GIALOLO and OSCAR MAKABENTA, accused-appellants.

FACTS

The accused-appellants, Marcos Gialolo, Federico Gialolo (father and son), and Oscar Makabenta, were charged with the murder of their neighbor, Jose Platon. The prosecution’s eyewitness, Desiderio Baculi, testified that in the early morning of April 13, 1994, he saw the incident illuminated by an outdoor lamp. He witnessed appellants Federico and Makabenta holding the victim on each side, while appellant Marcos Gialolo, positioned behind the victim, pulled his hair and slashed his neck with a scythe. The victim staggered and fell. Baculi reported the crime the following day. Corroborative testimony from a barangay official placed the victim’s body near Federico’s house, with blood on the door, and saw Makabenta inside the house shortly after the killing. A witness also testified that Federico attempted to bribe him to pin the crime solely on Makabenta.
The defense consisted of alibis. Federico claimed he and his wife were asleep, awakened only by distant noise, and discovered the body in the morning. Makabenta alleged he was asleep in a different barangay an hour’s walk away and only arrived at the scene later that morning. Marcos similarly claimed he was asleep with his family at the time of the incident. They denied any participation in the killing.

ISSUE

Whether the guilt of the accused-appellants for the crime of murder was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction for murder but modified the penalty to reclusion perpetua. The Court found the testimony of eyewitness Baculi credible, positive, and consistent. His account was corroborated by physical evidence and the testimony of the barangay official. The defense of alibi was inherently weak and could not prevail over the positive identification by the credible eyewitness. The manner of attack—where the victim was restrained by two assailants and defenselessly attacked from behind by a third with a lethal weapon—constituted treachery, qualifying the killing to murder. However, the death penalty was reduced to reclusion perpetua as the qualifying circumstance of treachery was not alleged with specificity in the information. In the absence of any other aggravating circumstance, the lesser penalty of reclusion perpetua was applied. The awards of damages were modified: civil indemnity was set at ₱50,000.00, actual damages were disallowed for lack of receipts, and temperate damages of ₱25,000.00 were awarded in lieu thereof. The award for moral damages was deleted for lack of basis.