G.R. No. 192187; December 13, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JORGE BI-AY, and “JOHN DOE,” Accused, ELISEO BI-AY, JR. y SARINTAS alias “GIDEON,” Accused-Appellant.

FACTS

On the evening of December 26, 1996, in Cauayan, Negros Occidental, Rodrigo Claro was at his father Francisco’s house. Accused Jorge Bi-ay, Alex Lingasa, and appellant Eliseo Bi-ay, Jr. arrived. Jorge asked for coffee, and when it was ready, he requested Rodrigo to serve cups to Alex and Eliseo, who were waiting outside. As Rodrigo exited carrying the coffee, he turned to tell his young son to stay behind. At that moment, appellant Eliseo, who was ahead, suddenly hacked Rodrigo on the nape, causing him to fall. Alex and Jorge then joined in, stabbing the victim. Francisco witnessed the attack from a distance and saw the three accused taking turns assaulting his son before they fled. Rodrigo died from multiple hack and stab wounds.
The appellant, Eliseo Bi-ay, Jr., denied involvement and interposed the defense of alibi. He claimed that at the time of the incident, he was in a different sitio, about seven kilometers away, securing a sound system for a family event and remained at his father’s house the entire evening.

ISSUE

Whether the Court of Appeals erred in affirming the trial court’s judgment finding accused-appellant Eliseo Bi-ay, Jr. guilty as a principal by direct participation in the crime of Murder.

RULING

The Supreme Court affirmed the appellant’s conviction. The Court found the testimonies of eyewitnesses, particularly the victim’s son and father, to be credible, consistent, and sufficient to establish appellant’s guilt beyond reasonable doubt. Their positive identification prevailed over the weak defense of alibi, which was not physically impossible given the proximity of the locations. The Court upheld the finding of conspiracy among the accused. The collective actions of Jorge in luring the victim outside, Eliseo in initiating the sudden hack from behind, and Alex in immediately joining the attack demonstrated a unity of purpose and a concerted effort to kill. In conspiracy, the act of one is the act of all; it is immaterial who delivered the fatal blow. The attack, commenced with a surprise hack to the nape while the victim was carrying cups and unable to defend himself, constituted treachery, qualifying the killing to Murder. Minor inconsistencies in the witnesses’ testimonies were deemed natural and did not impair their credibility. The penalty of reclusion perpetua and awarded damages were thus sustained.