G.R. No. 192790 , August 1, 2016
People of the Philippines, Plaintiff-Appellee, vs. Yolando Libre alias “Nonoy,” Accused-Appellant.

FACTS

On February 9, 1995, four Informations were filed accusing Yolando Libre, Albino Caman, and Flora Encabo Vda. de Lumidas of two counts of Murder and two counts of Frustrated Murder for events on November 25, 1994. The accused, armed with a Garand rifle and a revolver, allegedly conspired to attack, assault, and shoot Rodel Barte and Joselito Barte (causing their deaths) and Ruben Barte and Renante Barte (inflicting wounds that would have caused death but for timely medical assistance). All accused pleaded not guilty. During trial, accused Albino Caman died, leading to the dismissal of the cases against him.
The prosecution evidence established that on the evening of November 25, 1994, accused Albino Caman (a CAFGU member), Yolando Libre, and Flora Encabo went to the house of prosecution witness Lucy Sabando. Armed with firearms, they ordered Lucy and her husband Edwin to guide them to Ruben Barte’s house, instructing Lucy to call out for medicine for a sick child as a ruse. Upon reaching the house, Ruben Barte responded to the call. Caman, carrying a long firearm (M-14), immediately attacked and shot Ruben. Libre was present carrying a .38 caliber handgun. A strafing of the house ensued for about 30 minutes. Ruben Barte managed to escape after being shot. Inside the house, Juanita Barte (Ruben’s wife) and their children were attacked. Joselito Barte (11 years old) was pronounced dead on arrival, Rodel Barte (1 year and 3 months old) died four days later, Renante Barte (13 years old) survived after treatment, and Juanita Barte was also wounded. Empty shells from a Garand rifle and a .38 caliber revolver were recovered. The defense, primarily through Flora Encabo and Yolando Libre, claimed they were forced at gunpoint by Caman to accompany him and had no participation in the shooting, fleeing when the commotion started.

ISSUE

The core issue is whether the accused-appellant Yolando Libre is guilty beyond reasonable doubt of the crimes of Murder and Frustrated Murder, considering the presence of conspiracy and the qualifying circumstance of treachery.

RULING

The Supreme Court affirmed the conviction of Yolando Libre for two counts of Murder and two counts of Frustrated Murder. The Court found conspiracy among Libre, Caman, and Encabo. Their collective actions—going together to the victim’s house, using a ruse to lure Ruben out, and the subsequent armed attack—demonstrated a unity of purpose to kill. Treachery was present as the mode of attack (the ruse and the sudden shooting) ensured the victims had no opportunity to defend themselves. The defense of compulsion or force was rejected as not credible; the court found the testimonies of prosecution witnesses Lucy Sabando, Ruben Barte, and Juanita Barte to be clear, consistent, and credible. The mitigating circumstance of voluntary surrender was not appreciated as it was not proven. The penalty for each murder was reclusion perpetua, as the qualifying circumstance of treachery was proven but not evident premeditation. Civil indemnities, moral damages, and exemplary damages were awarded to the victims’ heirs. The Court modified the awards in accordance with prevailing jurisprudence, setting civil indemnity, moral damages, and exemplary damages at Php75,000.00 each for every victim of murder and frustrated murder, with temperate damages for the frustrated murder victims. Actual damages were awarded based on substantiated receipts.