GR 185005; (December, 2012) (Digest)
G.R. No. 185005 ; December 10, 2012
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DANTE DEJILLO and GERVACIO “Dongkoy” HOYLE, JR., Accused-Appellants.
FACTS
On July 29, 1996, Aurelio Basalo was stabbed to death in Barangay Bugang, San Miguel, Bohol. The initial police blotter entry, based on accused-appellant Gervacio Hoyle Jr.’s sworn statement, identified Romeo Puracan as the perpetrator, leading to Romeo’s arrest and a homicide charge. Subsequently, the victim’s mother, Germana Basalo, submitted affidavits from witnesses, including Romeo himself, recanting his initial identification and pointing to appellants Dante Dejillo and Gervacio Hoyle Jr. as the true assailants. An Information for Murder was filed against the appellants, alleging conspiracy, treachery, and abuse of superior strength, with a motive rooted in a grudge due to the victim’s testimony against Dante’s brother in a prior robbery case.
The prosecution’s evidence established that the victim and appellants were in a drinking spree. Witness Romeo Puracan testified that he saw appellants on the road, with Gervacio holding the victim’s shoulder and hand, while Dante delivered the fatal stab. The victim’s sister, Florenda, testified that she heard the victim’s dying declaration, whispering that he was stabbed by Dante while Dongkoy (Gervacio) held him. Another witness, Amelita Basalo, corroborated that she heard the victim identify both appellants as his attackers before he died.
ISSUE
Whether the guilt of accused-appellants Dante Dejillo and Gervacio Hoyle Jr. for the crime of Murder was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction for Murder qualified by abuse of superior strength. The Court found the testimonies of prosecution witnesses, particularly the eyewitness account of Romeo Puracan and the dying declaration of the victim, to be credible, consistent, and sufficient to establish appellants’ guilt beyond reasonable doubt. The defense of alibi and denial proffered by the appellants was inherently weak and could not prevail over the positive identification by credible witnesses. The Court upheld the finding of conspiracy, as the acts of Gervacio in holding the victim rendered him defenseless, thereby facilitating Dante’s fatal attack, demonstrating a unity of purpose and design. The qualifying circumstance of abuse of superior strength was properly appreciated, as the concerted action of two armed assailants against an unarmed victim clearly constituted a situation of inequality of forces. The Court modified the awarded damages, imposing reclusion perpetua without parole and ordering the appellants to pay civil indemnity, moral damages, temperate damages, and exemplary damages to the victim’s heirs.