GR 177827; (March, 2009) (Digest)
G.R. No. 177827 March 30, 2009
People of the Philippines, Plaintiff-Appellee, vs. Anselmo Berondo, Jr. y Pateres, Accused-Appellant.
FACTS
An Information for robbery with murder was filed against Anselmo Berondo, Jr., Julie Tubigon, and Jesus Sudario for the killing of Genaro Laguna on February 13, 1999. Trial proceeded only against accused-appellant Berondo as the other accused remained at-large. Prosecution witness Herbert Nietes, Jr. testified that around 11:30 p.m., after hearing a gunshot, he saw accused-appellant, Tubigon, and Sudario, each holding a knife, take turns stabbing a person already slumped on the ground. He recognized them as townmates but did not report the incident until two years later out of fear. Another witness, Pedro Tero, saw Tubigon shoot the victim but ran away and did not see the stabbing. The accused-appellant denied involvement, claiming he was with his family at a festival and that Nietes bore ill motive as his daughter’s former sweetheart. The Regional Trial Court convicted Berondo of murder. The Court of Appeals modified the conviction to homicide, finding the qualifying circumstance of abuse of superior strength not proven, and modified the damages awarded.
ISSUE
Whether the Court of Appeals erred in convicting accused-appellant of homicide based on the credibility and sufficiency of the prosecution’s evidence.
RULING
The Supreme Court affirmed the Court of Appeals’ decision with modifications. The Court held that the delay of witness Nietes in reporting the crime did not impair his credibility, as his fear for his life was a sufficient explanation, and his testimony was categorical, straightforward, and consistent. The Court agreed with the CA that the prosecution failed to prove the qualifying circumstance of abuse of superior strength or conspiracy, thus the crime committed was homicide, not murder. The penalty imposed by the CA was affirmed. The Court modified the damages: civil indemnity of PhP 50,000 was affirmed; temperate damages were reduced from PhP 50,000 to PhP 25,000; and moral damages of PhP 50,000 were additionally awarded.