G.R. No. 178115 July 28, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JOJO SUMILHIG, RICARDO SUMILHIG alias CARDING SUMILHIG, PASOT SALOLI, ERIC ENOC, WARLITO MONTEBON,* and CIO LIMAMA, Accused, JOJO SUMILHIG, RICARDO SUMILHIG alias CARDING SUMILHIG, and PASOT SALOLI, Accused-Appellants.

FACTS

On October 31, 1998, around 6:30 p.m., Jerry Masaglang, Eugenio Santander, and his son Mario were in the living room of Eugenio’s house in Sitio Overland, Kimlawis, Kiblawan, Davao del Sur. They heard gun bursts and saw six persons firing at the kitchen where members of the Santander family were having dinner. Jerry and Mario recognized the assailants as the appellants and their co-accused. The strafing lasted about two minutes. Before dispersing, Jojo Sumilhig shouted, “At last, I have retaliated!” The attack resulted in the deaths of 3-year-old Cresjoy Santander and 8-year-old Rolly Santander, and gunshot wounds to teeners Marissa Santander and Micel Santander. Appellants Jojo Sumilhig, Ricardo Sumilhig alias Carding, and Pasot Saloli were charged with double murder and double frustrated murder. They pleaded not guilty and stood trial, while their co-accused remained at-large. Jojo interposed alibi, claiming he was at his parents-in-law’s house and could not walk briskly due to prior gunshot wounds. He admitted harboring ill-will against the Santander family, believing they were responsible for the massacre of his family in February 1998. Carding and Pasot also claimed alibi and total ignorance of the incident. The Regional Trial Court convicted them of the complex crime of double murder and double frustrated murder and imposed the death penalty. The Court of Appeals affirmed the conviction but modified it, finding the appellants guilty of two counts of murder and two counts of frustrated murder, sentencing them to reclusion perpetua for each murder and indeterminate penalties for the frustrated murders. During the pendency of the appeal to the Supreme Court, Carding died on June 24, 2011.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the appellants for murder and frustrated murder based on the findings of conspiracy and treachery.

RULING

The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals with modifications regarding damages. The Court held that the appellants’ conviction was based on the positive identification by prosecution witnesses Jerry Masaglang and Remegio Santander, who recognized them as the assailants. The defense of alibi and denial could not prevail over this positive identification. The Court found conspiracy, as the appellants acted in concert in strafing the house, demonstrating a community of criminal design. Treachery was present because the attack was sudden and unexpected, depriving the victims of any chance to defend themselves. The Court noted that the death of accused-appellant Carding during the appeal extinguished his criminal and civil liability ex delicto. The Court modified the awarded damages, increasing civil indemnity, moral damages, and exemplary damages for the murders in accordance with prevailing jurisprudence, and awarding temperate damages for the frustrated murders. The penalties imposed by the Court of Appeals were affirmed.