G.R. No. 182551; July 27, 2011
People of the Philippines, Plaintiff-Appellee, vs. Rosendo Rebucan y Lamsin, Accused-Appellant.

FACTS

Accused-appellant Rosendo Rebucan y Lamsin was charged with double murder for the deaths of Felipe Lagera and Ranil Tagpis on November 6, 2002, in Carigara, Leyte. The Information alleged the killings were committed with treachery, evident premeditation, and abuse of superior strength using a bolo. The accused-appellant pleaded not guilty. The prosecution presented Dr. Ma. Bella V. Profetana, who conducted post-mortem examinations and determined the causes of death were hypovolemic shock and massive blood loss from multiple hacking wounds. Eyewitness Carmela Tagpis, the 5-year-old granddaughter of Felipe and sister of Ranil, testified that she saw “Bata Endong” (the accused-appellant) enter their house and hack her grandfather (carrying Ranil) and her brother with a long bolo. She stated Felipe was hit on the face and shoulders, and Ranil was hit on the forehead. Adoracion Lagera (Felipe’s wife) and Alma Tagpis (Felipe’s daughter and Ranil’s mother) testified on discovering the victims and being informed by Carmela that the accused-appellant was the assailant. The defense presented Raymond Rance (accused-appellant’s stepson), who testified about prior incidents where Felipe and his son allegedly tried to molest his mother, which he later relayed to the accused-appellant. Barangay Chairperson Renerio Arminal testified the accused-appellant surrendered to him on November 6, 2002, stating he had a fight with Felipe. The accused-appellant testified, claiming he acted in defense of his honor after learning of the molestation attempts, and that the killing occurred during a sudden altercation where Felipe allegedly attacked him first with a bolo.

ISSUE

The core issue is whether the accused-appellant is guilty beyond reasonable doubt of two counts of murder, or if the killing was attended by qualifying circumstances like treachery.

RULING

The Court affirmed the decision of the Court of Appeals with modification. The accused-appellant is guilty beyond reasonable doubt of two counts of murder qualified by treachery. The Court found the testimony of child eyewitness Carmela Tagpis credible and sufficient to establish the accused-appellant’s guilt. Her account detailed how the accused-appellant suddenly entered the house and immediately hacked Felipe, who was carrying the one-year-old Ranil, without any provocation, rendering the victims defenseless. This manner of attack constituted treachery. The defense of denial and claim of a sudden altercation were rejected as unsupported by evidence and contradicted by the credible eyewitness testimony. The killing of the child Ranil constituted a separate crime of murder. The Court imposed the penalty of reclusion perpetua for each count of murder and ordered the accused-appellant to pay civil indemnity, moral damages, and exemplary damages to the heirs of each victim.