G.R. No. 175605, February 9, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ARNOLD GARCHITORENA Y CAMBA, JOEY PAMPLONA, and JESSIE GARCIA Y ADORINO, Accused-Appellants.

FACTS

The accused-appellants were charged with Murder for the killing of Mauro Biay on September 22, 1995, in Biñan, Laguna. The prosecution’s eyewitness, Dulce Borero (the victim’s sister), testified that while she and her brother were selling balut, accused Jessie Garcia called Mauro. When Mauro approached, Garcia twisted his arm behind his back. Accused Arnold Garchitorena and Joey Pamplona then repeatedly stabbed the victim with a bladed weapon while Pamplona also strangled him from behind. After Mauro slumped to the ground, Garchitorena instructed his companions to flee. The autopsy revealed eight stab wounds, and the medical examiner opined they could have been inflicted by more than one instrument.
The accused-appellants presented separate defenses. Joey Pamplona claimed he was merely present, witnessed Garchitorena stab the victim once, and fled out of fear. Jessie Garcia interposed alibi, asserting he was elsewhere. Arnold Garchitorena raised the defense of insanity. The Regional Trial Court convicted all three of Murder qualified by abuse of superior strength and sentenced them to death. The Court of Appeals affirmed the conviction but, following the prohibition on the death penalty under Republic Act No. 9346, modified the penalty to reclusion perpetua.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of the accused-appellants for the crime of Murder.

RULING

Yes, the Supreme Court affirmed the conviction. The Court found the testimony of eyewitness Dulce Borero to be credible, consistent, and sufficient to establish the conspiracy among the three accused. Her account detailed a coordinated attack where Garcia restrained the victim, enabling Garchitorena and Pamplona to stab him repeatedly. This concerted action demonstrated unity of purpose and design, making each conspirator equally liable for the crime. The defense of alibi by Garcia was properly rejected as it was not physically impossible for him to have been at the crime scene. Similarly, Garchitorena’s claim of insanity failed due to the lack of conclusive evidence proving he was completely deprived of intelligence or reason at the time of the offense.
The qualifying circumstance of abuse of superior strength was correctly appreciated. The attack involved three armed assailants against an unarmed and restrained victim, clearly showing a deliberate use of force to ensure the killing. The penalty was properly reduced to reclusion perpetua in accordance with prevailing law. The awards for damages were also affirmed, with the addition of temperate damages in lieu of the unsubstantiated portion of the actual damages claim.