G.R. No. 184960 ; August 24, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. CLEOFE BAROQUILLO y VILLANUEVA and LEONARDO MAHILUM y CAÑETE, Accused-Appellants.

FACTS

Accused-appellants Cleofe Baroquillo and Leonardo Mahilum, along with Lorenza Madeloso (the victim’s wife), were charged with Murder for the killing of Nelson Madeloso on January 10, 2001, in Iligan City. Lorenza and Cleofe were engaged in an extramarital affair. Lorenza had expressed to a friend, Ellen Dajao, her desire to have her husband killed because he no longer gave her money and had argued with Cleofe over the surname of her child suspected to be Cleofe’s. On January 5, 2001, after a dispute over money, Lorenza threatened Nelson, saying he would not live long and that she would have him killed. On January 10, 2001, at noon, Lorenza, Cleofe, and Leonardo had lunch together. That evening, Nelson left home after saying his wife “Mamang” called for him. He was given a ride by a neighbor to the crossing of St. Mary and Bagong Silang. Prosecution eyewitness Ricky Ramos testified that at around 9:00 p.m. in Bagong Silang, he saw Cleofe and Leonardo approach Nelson. Cleofe held Nelson, and Leonardo shot him in the head several times. Nelson died from craniocerebral injury due to multiple gunshot wounds. After the shooting, Lorenza’s reaction to the news of her husband’s death was described by a neighbor as not surprised and her crying as feigned. Lorenza later confessed to the affair with Cleofe. The police, with Lorenza’s cooperation, set up a meeting where Leonardo was apprehended. The Regional Trial Court convicted all three accused of Murder. The Court of Appeals affirmed the conviction of Cleofe and Leonardo but acquitted Lorenza on reasonable doubt. Cleofe and Leonardo appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellants Cleofe Baroquillo and Leonardo Mahilum for the crime of Murder.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with MODIFICATION regarding damages. The Court held that the prosecution proved the guilt of accused-appellants beyond reasonable doubt. The positive identification by eyewitness Ricky Ramos, who had no ill motive to testify falsely, was credible and sufficient to establish that Cleofe held the victim while Leonardo shot him. Their actions demonstrated conspiracy. The qualifying circumstance of treachery was present because the attack was sudden and from behind, rendering the victim defenseless. Evident premeditation was not proven. The Court modified the awarded damages: civil indemnity was increased to ₱75,000; moral damages to ₱75,000; exemplary damages of ₱30,000 were awarded due to the presence of treachery; and temperate damages of ₱25,000 were awarded in lieu of actual damages.