GR 175945; (April, 2009) (Digest)
G.R. No. 175945 April 7, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. LOLITO HONOR y ALIGWAY, ALBERTO GARJAS y EMPIMO, NOEL SURALTA y PAÑA, and PEDRO TUMAMPO y NAYA, Appellants.
FACTS
Appellants Lolito Honor and Alberto Garjas, along with Noel Suralta and Pedro Tumampo (at large), were charged with Murder for the deaths of Henry Argallon and Nestor Nodalo, and with Frustrated Murder against Randy Autida. The charges stemmed from a stabbing incident on February 3, 2001, at the corner of Real and Aviles Streets in Ormoc City. The prosecution’s eyewitness, Rey Panlubasan, testified that after both groups had been drinking at Doris Videoke tavern, the victims accidentally dropped a bottle near the appellants’ table. Later, as the victims’ group walked home, the appellants’ group followed and suddenly attacked them. Panlubasan identified Honor and Garjas as the stabbers, while Suralta and Tumampo instigated the attack. Dr. Jesus Castro testified on the fatal nature of the victims’ wounds. The defense presented alibi for Honor, corroborated by his wife, and Garjas testified that only Suralta and Tumampo committed the stabbing. The Regional Trial Court acquitted Honor and Garjas of Frustrated Murder but convicted them of Murder, sentencing them to reclusion perpetua and ordering separate indemnities. The Court of Appeals affirmed the conviction but modified the damages to be paid jointly and severally. The appellants appealed to the Supreme Court.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of appellants Lolito Honor and Alberto Garjas for Murder based on the credibility of the eyewitness testimony and the presence of conspiracy and treachery.
RULING
The Supreme Court DENIED the appeal and AFFIRMED the decision of the Court of Appeals with MODIFICATIONS. The Court found the testimony of eyewitness Rey Panlubasan credible, positive, and consistent, and it was corroborated in part by the testimony of appellant Alberto Garjas himself. The Court ruled that conspiracy was present as the appellants acted in concert with a common purpose to attack the victims. The attack was sudden and unexpected, affording the victims no chance to defend themselves, thereby qualifying the killing with treachery. The Court modified the awards of damages: appellants are ordered to pay jointly and severally the heirs of Nestor Nodalo and Henry Argallon Php75,000.00 each as civil indemnity and Php50,000.00 each as moral damages, with legal interest of 6% per annum from the finality of the judgment until fully paid. Costs were imposed de oficio.